Case law

GRAHAM v. STATE OF NEW JERSEY

District Court, D. New Jersey · Sep 2, 2022

Eleventh Amendment Immunity Absent a clear waiver by a state of its Eleventh-Amendment immunity or a congressional abrogation of that immunity, a federal court lacks jurisdiction to hear … established constitutionally protected activity . . . .”

Laganella v. Braen (In Re Braen)

94 B.R. 35 · District Court, D. New Jersey · Jan 24, 1989

Sitting as an appellate tribunal, this Court’s authority is limited to setting aside fact findings which are clearly erroneous. Bankruptcy Rule 8013. … Clearly, an integral *40 part of any dischargeability proceeding is the standard of proof required for a creditor to demonstrate a particular debt is non-dischargeable.

QUERESHI v. Cintas Corp.

413 N.J. Super. 492 · New Jersey Superior Court Appellate Division · May 28, 2010

The use in the same phrase of the mandatory "shall" and the word "plus" without any qualifying language plainly signals that the Legislature intended an eligible petitioner to receive not only the statutory penalty but also … In Rendine and Szczepanski , the Court established a fee methodology in fee-shifting cases, such as Law Against Discrimination and Consumer Fraud Act cases, and constructed an analytical framework to recognize not only the

Hartman v. Yawger

212 N.J. Super. 187 · New Jersey Superior Court Appellate Division · May 7, 1986

No reported decision clearly delineates whether such hearsay evidence is admissible under Evid.R. 56 or its federal counterpart Fed.R.Evid. 703. *189 Plaintiff, Norma Hartman, lived in Somerset County from 1970 through 1983 … His opinion was predicated on the level of porosity and impurities present in the clevis established by two metallurgists, neither of whom testified at trial.

Herring v. Prince Foods-Canning Division

611 F. Supp. 177 · District Court, D. New Jersey · Jun 12, 1985

Such an employee is not in need of the protections established in Pierce , because he already has these protections, and more. … It further provides, however: "if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation." 2 . But see footnote 3, infra. 3 .

CUSTIN v. WIRTHS

District Court, D. New Jersey · Mar 25, 2020

Personal Liability and Qualified Immunity Because Custin has failed to demonstrate a triable issue of fact with respect to his Due Process claim, I do not reach ancillary issues, such as the State … Defendants’ potential personal liability, or qualified immunity.

STATE, BY COM'R OF TRANSP. v. Carroll

123 N.J. 308 · Supreme Court of New Jersey · Mar 13, 1991

The one-figure valuation is the established procedure for condemnation offers in this state. N.J. … Nevertheless, the DOT’s letter of September 3rd, sent one day after the letter setting a deadline for condemnation proceedings, clearly sought to continue negotiations.

Stomel v. City of Camden

192 N.J. 137 · Supreme Court of New Jersey · Jul 25, 2007

The official must also be responsible for establishing final government policy respecting such activity before the municipality can be held liable. … Stomel’s speech undoubtedly would qualify as protected conduct under CEPA’s provisions. See N.J.S.A 34:19-3(a), (e)(1).

State v. Koedatich

118 N.J. 513 · Supreme Court of New Jersey · Apr 19, 1990

It undertook the burden of establishing certain facts beyond a reasonable doubt in its quest to obtain the harsher of the two alternative verdicts. … On that question, both the statute and our cases clearly recognize that a non-unanimous verdict is permissible under the Act. See State v. Ramseur, supra, 106 N.J. at 312, 524 A. 2d 188 .

National Waste Recycling, Inc. v. Middlesex County Improvement Authority & Waste Management of North Jersey, Inc.

150 N.J. 209 · Supreme Court of New Jersey · Jul 17, 1997

(National) and Defendant WMNJ were among those found to be qualified. On November 30, 1994, MCIA issued a Request for Proposals (RFP) to the six qualified companies. … Any fair reading of that language ... indicates that it clearly contemplates recovery of recyclables through a recycling program, followed by marketing.

Elizabeth Gnall v. James Gnall

432 N.J. Super. 129 · New Jersey Superior Court Appellate Division · Aug 8, 2013

Stein opined plaintiff was "very qualified" for and would be "best suited" to continue as a computer programmer or computer software engineer because she had a "very high level of training." … The court must clearly set forth factual findings and legal conclusions for the benefit of the parties and to aid appellate review.

Wright v. State

169 N.J. 422 · Supreme Court of New Jersey · Jul 31, 2001

It establishes the principle of vicarious liability for all public entities for "injury proximately caused by an act or omission of a public employee within the scope of his employment" and thereby relies upon the established … Thus, it follows that when county prosecutors and their subordinates act in their law enforcement/investigatory capacity, they act as "agents" and "officers" of the State, qualifying as State employees under N.J.S.A. 59:1

Bentley v. Long Dock Co.

14 N.J. Eq. 480 · New Jersey Court of Chancery · May 15, 1862

If the truth of the objection be established, the report as of course would be set aside. … not willing to rest, either upon the report of the master, the decision of this court, or even upon their own judgments, upon the evidence in the cause, but selected a commission, as more worthy of confidence or better qualified

Alston v. Atlantic Electric Co.

962 F. Supp. 616 · District Court, D. New Jersey · Apr 22, 1997

ERISA covers employee plans that qualify as welfare benefit plans, pension benefit plans, or both. See 29 U.S.C. § 1002 (3). … Although severance benefits are not specifically mentioned in § 1002(1), courts have determined that most, but not all, severance packages qualify as ERISA plans. See Schonholz v.

THE INNISFREE FOUNDATION, Inc. v. NEW JERSEY DEPARTMENT OF EDUCATION

District Court, D. New Jersey · Feb 21, 2023

Amendment Immunity. … panel established under § 300.167; and [m]ake those findings and decisions available to the public.” 34 C.F.R. § 300.513(d).

Lifeline, Inc. v. Township of Mahwah

New Jersey Tax Court · Apr 1, 2019

Noting that the property “clearly qualified for farmlands assessment,” the Court reversed the decision of the Tax Court that denied the assessment because “the taxpayers’ use of their property for the production and sale … N.J.S.A. 54:4-3.6 “clearly and unambiguously contains no such requirement.” Ibid. In Society of the Holy Child Jesus, 23 N.J. Tax 528 (Tax 2007), rev’d 418 N.J.

Polizzi Meats, Inc. v. Aetna Life & Casualty Co.

931 F. Supp. 328 · District Court, D. New Jersey · Aug 2, 1996

Clearly, PMI has alleged “malicious” behavior by Aetna in its complaint. Complaint, Second Count. … Furthermore, not all witnesses who offer opinion testimony at trial must qualify as experts.

STATE OF NEW JERSEY VS. COREY PICKETT (17-07-0470, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 3, 2021

These case studies illustrate that software is not immune from error. Fundamental due process and fairness demand access. … The judge qualified Dr. Perlin as an expert in "the fields of DNA Evidence, Interpretation, and Likelihood Ratio."

Elian Ovalle Estevez v. U.S. Immigration and Customs Enforcement, et al.

District Court, D. New Jersey · Jan 20, 2026

To qualify for next friend status, the third person must satisfy two requirements. … “The burden is on the ‘next friend’ clearly to establish the propriety of [her] status and thereby justify the jurisdiction of the court.” Id. at 164.

Ruckman v. Ransom

35 N.J.L. 565 · Supreme Court of New Jersey · Jun 15, 1871

. ■ Clearly this reenactment was for the sole purpose of condensation. … To pass upon the sufficiency of a notice of the meeting served upon a party, is a function of a judge; and this act, in the present case, was performed by the arbitrator after he had been legally qualified.