Case law

Daiichi Sankyo Co. v. Mylan Pharmaceuticals Inc.

670 F. Supp. 2d 359 · District Court, D. New Jersey · Jul 30, 2009

Olmesartan medoxomil also qualifies as an insurmountable antagonist. … A reference qualifies as prior art if it was published before the priority date. See 35 U.S.C. 102(a). Turning to the facts at hand, the Carini Article fails to qualify as a prior art reference.

Morton Internationa, Inc. v. A.E. Staley Manufacturing Co.

106 F. Supp. 2d 737 · District Court, D. New Jersey · Jul 19, 2000

“If a proposed amendment is not clearly futile, then denial of leave to amend is improper.” … Although prior case law has often not found liability when legitimate recycling activities were undertaken, the law does not appear to have been clearly established that recyclers would not be liable. 20 I *759 cannot conclude

Kramer v. Ciba-Geigy Corp.

371 N.J. Super. 580 · New Jersey Superior Court Appellate Division · Aug 9, 2004

Plaintiffs claimed no actual physical injury but sought to establish a medical monitoring fund to guard against future injury from exposure to chemical contamination emanating from CIBA's Toms River facility. … Under the agreement in question, as Bobsein and McPherson note, no writing "expressly states nor clearly implies that the stated exceptions for `willful misconduct'" was ever "stricken from the Agreement."

State v. Harris

156 N.J. 122 · Supreme Court of New Jersey · Jul 30, 1998

The court clearly should have asked more open-ended questions. … In-depth voir dire about race was clearly imperative. First, the crime was interracial in nature.

A.F.I.K. Holding SPRL v. Fass

216 F.R.D. 567 · District Court, D. New Jersey · Sep 4, 2003

Thus, the Third Circuit refined the lead plaintiff selection and rebuttal process and established a standard procedure. … (stating that the adequacy of representation inquiry involves consideration of both whether “the interests of the named plaintiffs [are] sufficiently aligned with those of the absentees” and whether “class counsel [is] qualified

Papianni v. International Ass'n of Bridge, Structural & Ornamental Iron Workers

622 F. Supp. 1559 · District Court, D. New Jersey · Dec 10, 1985

to which they are clearly entitled. … And, before Judge Meanor, they were successful in establishing that the terms of the Plumbers Local Consent Decree did not provide cause for the local’s failure to effect the transfers.

State v. Dougherty

86 N.J.L. 525 · Supreme Court of New Jersey · Jan 12, 1915

To adopt the view urged upon us would lead to most pernicious consequences in every department of government, by giving to corrupt legislators and those entrusted with administering the law immunity from punishment for their … It is quite possible that in the minds of the jurors the question of identitjr may have been established.

Cavallaro v. Jamco Property Mgt.

334 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Oct 23, 2000

Following oral argument on the motion, Judge Bernhard concluded that plaintiff's mental health treatment records were privileged and that defendant failed to establish under Kinsella v. … The judge also noted that those subpoenas violated R. 4:14-7(b)(2) because each of the doctors qualified as a treating physician, psychologist, or expert and was therefore entitled either to be deposed at his or her residence

Dunellen Board of Education v. Dunellen Education Ass'n

64 N.J. 17 · Supreme Court of New Jersey · Nov 20, 1973

In their relations with their employees the boards were clearly to be distinguished from private employers in private industry. … In the light of this strong qualifying statement and, absent further clarifying legislation, we are not prepared to construe the general provision in section 7 (N. J. 8.

Martinez-Santiago v. Public Storage

38 F. Supp. 3d 500 · District Court, D. New Jersey · Aug 14, 2014

The Federal Rules of Civil Procedure and the New Jersey Court Rules clearly establish legal rights and responsibilities of litigants and dictate the timing to interpose or waive defenses. … This duty was clearly established at the time that Plaintiff signed her lease.

State v. Cengiz

241 N.J. Super. 482 · New Jersey Superior Court Appellate Division · Jun 1, 1990

Clearly, N.J.S.A. 2C:35-14 has a related purpose. The Court found that requiring a prosecutor to furnish reasons for his decision furthered accountability by facilitating judicial review. … The Court found that "the prosecutor is not immune from the ban against arbitrariness in *496 governmental decision making." Id. at 377 , 375 A. 2d 607 .

Boland v. Dolan

140 N.J. 174 · Supreme Court of New Jersey · May 17, 1995

Because the issue is not usually whether expert testimony is needed, but rather what type of expert is needed or who qualifies as an expert, there is not much case law on this point. E.g., Landrigan v. … However, the trial judge’s failure to direct such viewing was not error “clearly capable of producing an unjust result.” R. 2:10-2.

Christopher Burgos v. State of New Jersey (075736)

Supreme Court of New Jersey · Jun 9, 2015

The State also raised arguments based on sovereign immunity and the non-justiciability of political questions. … The language in Chapter 78 clearly establishes the intent of the Legislature and Governor to create an enforceable contractual right to funding of the pension system -- a point 12 not

State v. Thornton

38 N.J. 380 · Supreme Court of New Jersey · Oct 22, 1962

It represents a rule of evidence which is firmly established by the overwhelming weight of judicial opinion. Hunter v. State, 40 N. J. L. 495 (E. & A. 1878); Mutual Life Ins. Co. c. Hillmon, 145 U. S. 285 , 12 S. … The State’s purpose in presenting the “luring” theory was part of the effort to establish the defendant’s guilt of first degree murder, i. e., a premeditated, deliberate and willful killing.

State v. Edwin Andujar (084167) (Essex County & Statewide)

Supreme Court of New Jersey · Jul 13, 2021

Prospective jurors who are otherwise qualified to serve are typically excused in two ways. … Next, the trial judge decides whether “the defendant has established purposeful discrimination.” Id. at 98.

State v. Bey

112 N.J. 45 · Supreme Court of New Jersey · Aug 2, 1988

Our reversal of defendant’s convictions in this case is based on well-established legal principles. … The initiation of a general discussion about the victim clearly satisfies this standard. E.g., Christopher v.

State v. Bielkiewicz

267 N.J. Super. 520 · New Jersey Superior Court Appellate Division · Oct 15, 1993

The prosecutor clearly articulated this theory in his opening: Now, ladies and gentlemen, as I have told you, it was one bullet that killed Miguel Gonzalez. It wasn't two. It was one. … Participation and agreement can be established from conduct as well as spoken words.

INTERNATIONAL BOTHERHOOD OF ELECTRICAL WORKERS LOCAL 400 VS. BOROUGH OF TINTON FALLS (L-3966-19, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 15, 2021

In essence, the federal enclave doctrine is a defense to certain state law claims. 6 It is well established that the federal district courts have exclusive jurisdiction over the federal government and the Navy as … Without the express consent of the United States Congress, the federal government is immune from suit in a state court. Block v. North Dakota, 461 U.S. 273, 280 (1983).

Estate of Chin v. ST. BARNABAS MED. CENTER

312 N.J. Super. 81 · New Jersey Superior Court Appellate Division · May 27, 1998

To the extent that the court may have erred in this regard we conclude that the error was not "clearly capable of producing an unjust result." R. 2:10-2. Dr. Piver testified as an expert against Dr. Goldfarb. … The jury could have found that the nurses were not qualified to work with the equipment; that one of them connected the exhaust line to a suction canister to which the suction tubing was attached; or that one of them left

Jason Sharp v. Board of Trustees, Etc.

New Jersey Superior Court Appellate Division · Apr 27, 2026

Our Supreme Court in Richardson clarified the meaning of the phrase "result of a traumatic event" in the statute in establishing a five-part test a claimant seeking accidental disability retirement benefits must satisfy … Because 2(b) is clearly applicable here, the Board's final agency decision is reversed, and the Board is directed to award accidental disability retirement benefits to Sharp.