Case law

State v. Casele

198 N.J. Super. 462 · New Jersey Superior Court Appellate Division · Feb 4, 1985

Super. 388, 392-393 (Law Div. 1983), indicated that proof that the blood sample had been obtained in a hospital by qualified medical personnel ordinarily suffices to establish the requirement that the blood was drawn in a … Furthermore, a jury verdict may be set aside only where "having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that there was a manifest

Artway v. Scheidemantel

671 F. Supp. 330 · District Court, D. New Jersey · Oct 28, 1987

The fact that the defendant satisfied the requirements of those cases does not immunize her from claims that she denied Artway constitutional due process regarding a determination not discussed by those opinions. … This Court clearly has authority to enter summary judgment against the moving party, even if her opponent has not moved. 6 Moore’s Fed.Prac., para. 56.12 (2d Ed.1976); Morrissey v.

YOUNG v. CASTEN

District Court, D. New Jersey · Sep 2, 2025

Throughout his explication of alleged constitutional violations, Plaintiff cites to a series of cases that he describes as “this Court’s precedent” and “this Court’s established constitutional standards.” … Thus, Judge Casten is immune from suit insofar as Plaintiff seeks injunctive relief. !

State v. Timmendequas

161 N.J. 515 · Supreme Court of New Jersey · Aug 11, 1999

The prosecutor sought to establish bias and interest. … The Kankas clearly qualify as victims in this case.

Howard v. Harwood's Restaurant Co.

25 N.J. 72 · Supreme Court of New Jersey · Oct 7, 1957

All the stock of Harwood’s Restaurant Co., with the exception of two qualifying shares, is held by Ralph Howard, petitioner’s husband, who is president of the corporation. By virtue of her one qualifying share Mrs. … We find the legislative intent to be clearly otherwise. *89 R.

Lieberson v. Johnson & Johnson Consumer Companies, Inc.

865 F. Supp. 2d 529 · District Court, D. New Jersey · Sep 21, 2011

The Products at issue here are clearly manufactured for the purpose of washing and moisturizing babies’ skin. … Aug. 30, 2011) (dismissing named plaintiff based on an absence of qualifying purchases and holding that counsel could qualify as class counsel if they were able to find a suitable class plaintiff). .

Stern v. Larocca

49 N.J. Super. 496 · New Jersey Superior Court Appellate Division · Apr 11, 1958

that the owners be absolutely indemnified in respect to claims or losses "from accidents to any person or persons by or on account of the prosecution of the work" would be frustrated if the obligation were construed to be qualified … by defendants, had the Landolfi action gone to judgment against plaintiffs, the latter would have been entitled to recover nothing against the defendants on the indemnity agreement anyway, as such a judgment would have established

Labov Mechanical, Inc. v. East Coast Power, L.L.C.

377 N.J. Super. 240 · New Jersey Superior Court Appellate Division · May 5, 2005

While the filing of a lien by one subcontractor does not establish a lien fund for a subsequent lien holder, Triple “R” Enters., Inc. v. … It was, regardless of its effective date, similar *251 to the retainage in Legge, which we declined to deduct from the lien fund, a result the Supreme Court clearly agreed with in Craft .

Seacoast Builders Corp. v. Rutgers

358 N.J. Super. 524 · New Jersey Superior Court Appellate Division · Mar 24, 2003

Though the specifications clearly state that the low bidder is required to survey and test the building, this cannot be done until the contract is awarded. … The one seeking "to overcome the strong presumption of access must establish by a preponderance of the evidence that the interest in secrecy outweighs the presumption."

COMM. WORKERS OF AM. v. McCormac

417 N.J. Super. 412 · New Jersey Superior Court Appellate Division · Mar 5, 2008

TRADE SECRETS Clearly, defendants have established the documents are exempt as proprietary commercial or financial information. Therefore, resolution of whether the documents are trade secrets is not required. … Clearly, that would harm the State's fiduciary interest.

New Jersey-Philadelphia Presbytery of the Bible Presbyterian Church v. New Jersey State Board of Higher Education

514 F. Supp. 506 · District Court, D. New Jersey · May 18, 1981

Moreover, as of the present time it has only six applicants for its fall, 1981 freshman class, none of whom have yet been determined to be qualified for admission. … It clearly imposed an additional burden on the ability of Shelton to operate and thus on the exercise of religious rights.

Falcey v. Civil Service Commission

16 N.J. 117 · Supreme Court of New Jersey · Jun 28, 1954

S. 2A:168-5), it was established as early as 1919 in Mercer County and was then approved by the Commission, presumably under its broad classification powers. R. S. 11:4-1; R. S. 11:5-1; R. S. 11:7-1 et seq. Cf. R. … Marshall for many years; he is clearly in no present position to attack the 1941 designation. Cf. Covey v. City of Plainfield, 11 N. J. 375, 381 (1953); Clayton v. New Jersey Civil Service Commission, 130 N. J.

INDIVIOR INC. v. ALVOGEN PINE BROOK, INC.

District Court, D. New Jersey · Aug 24, 2020

Here, DRL has pled facts that sufficiently establish all three elements. … A patentee can attempt to establish element 1, predatory or anticompetitive conduct, by pleading facts that establish “(1) that the asserted patent was obtained through knowing and willful fraud within the meaning

Residences at Bay Point Condominium Ass'n v. Standard Fire Insurance

41 F. Supp. 3d 427 · District Court, D. New Jersey · Aug 28, 2014

The NFIA further authorized FEMA to “prescribe regulations establishing the general method or methods by which proved 'and approved claims for losses may be adjusted and paid for any damage to or loss of property which is … Other sections of the Manual clearly evidence the unworkability of Plaintiffs definition.

John Paff v. Ocean County Prosecutor's Office

446 N.J. Super. 163 · New Jersey Superior Court Appellate Division · Jun 30, 2016

In Education Law Center, the Supreme Court discussed a qualified privilege and explained that after the governmental agency had carried its burden of proof to establish the privilege … While the record is based on a summary proceeding, certain material facts are established by the record.

In Re Eleventh Ward Building & Loan Ass'n

130 N.J. Eq. 414 · New Jersey Superior Court Appellate Division · Sep 19, 1941

This state has asserted such to be its public policy; *426 and so the proffered evidence, so far as it was revealed, would have been clearly immaterial. Vide Bucsi v. Longworth Building and Loan Association, supra. … The provision deals with reserves “heretofore established by the Old Association by assessment charged against members as of March 31st, 1933.”

AMER. CIVIL LIBERTIES UNION v. County of Hudson

352 N.J. Super. 45 · New Jersey Superior Court Appellate Division · Jun 12, 2002

More importantly, both cases clearly established that movants are, with liberality, to be afforded reasonable *642 opportunities to cure procedural defects in their motions to intervene. … Manifestly, this case qualifies under the first and third exceptions.

Noa v. Keyser

519 F. Supp. 2d 481 · District Court, D. New Jersey · Oct 30, 2007

Chan was qualified to serve the Committee in this capacity, as he has experience “representing employers, including casinos, in establishing and operating 401 (k) Plans,” and “Pension Plans” are one of his specific areas … The Court finds that this clearly constitutes the type of advice that Mr. Chan was hired to provide. While the decision whether to approve the forced sale of the Employer Stock was the Committee's alone, Mr.

Sta-Seal, Inc. v. Director, Division of Taxation

5 N.J. Tax 272 · New Jersey Tax Court · Mar 4, 1983

The Supreme Court established the law of this State as it pertains to the taxation of business personal property in the Bayonne case. … The record in this case established that plaintiff’s foundation was relatively elaborate, having been built on steel and wood piles driven deep into the ground.

WILSON v. CAMDEN COUNTY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Jul 14, 2025

Claims for sexual abuse and harassment are evaluated similarly to excessive force claims in that the prisoner must allege facts plausibly establishing both objective and subjective components. … In #.D. □ Sharkey, the United States Court of Appeals for the Third Circuit concluded that an immigration detainee, who is entitled to the same due process protections as pretrial detainees, had a clearly established right