Case law

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.

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."

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.

Edgerton v. Edgerton

203 N.J. Super. 160 · New Jersey Superior Court Appellate Division · Apr 17, 1985

The agreement is not immune from judicial modification or supervision merely because it has been incorporated into a final judgment. … There is great difficulty *175 establishing any precise figures because of the wide range of values attempted to be attributed to the Missouri property.

Wright v. Renehan

10 N.J. Super. 363 · New Jersey Superior Court Appellate Division · Jan 5, 1950

At the time of the establishment of this trust, the life tenant, Mary Pitman, daughter of the settlor, was 32 years of age and then the mother of one child, Aroline Pitman, now Wright. … by appropriate proceedings and a trustee qualified to make good title.

Rendine v. Pantzer

141 N.J. 292 · Supreme Court of New Jersey · Jul 24, 1995

have been concluded. * * * ■ If a district court has articulated a fair explanation for its fee award in a given case, the court of appeals should not reverse or remand the judgment unless the award is so low as to provide clearly … Many actions seek only declaratory or injunctive relief, many are hampered by immunity doctrines and special defenses available to the defendants, and many will generate only small awards.

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

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.

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.

Matthew J. Platkin, Etc. v. Owusu A. Kizito

New Jersey Superior Court Appellate Division · May 7, 2025

The court made detailed findings based on the comprehensive record established during the hearing. … The securities were neither registered with the Bureau and exempt from registration, nor federally qualified.

NL Industries, Inc. v. Commercial Union Insurance

926 F. Supp. 446 · District Court, D. New Jersey · Apr 30, 1996

Clearly, therefore, the duty to defend is broader than the insurer’s obligation to indemnify. … Just as graffiti undoubtedly qualifies as property damage, so must the lead paint damage at issue here.

MITCHELL v. HUDSON COUNTY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Jun 24, 2024

It is, of course, possible that the evidence will contradict Plaintiff’s allegations or establish that the use of pepper spray was reasonable and justified under the circumstances. … Shabazz, 482 U.S. 342, 348 (1987) (“Inmates clearly retain protections afforded by the First Amendment, . . . including its directive that no law shall prohibit the free exercise of religion.”).

Rolnick v. Rolnick

262 N.J. Super. 343 · New Jersey Superior Court Appellate Division · Feb 18, 1993

Moreover, all issues of law raised are clearly without merit. R. 2:11-3(e)(1)(A) and (E). … Moreover: It is also an established rule of equity that a defendant cannot have the benefit of the defense of laches when his own actions have created the inequity.

Rocci v. MacDonald-Cartier

323 N.J. Super. 18 · New Jersey Superior Court Appellate Division · Jul 6, 1999

The need for proof of damages to establish a defamation claim was also explained by Judge Skillman in his dissent in Ward v. … I believe the majority opinion misapplies some well established principles governing the law of defamation, and therefore I dissent.

VAMVAS v. CUCCINIELLO

District Court, D. New Jersey · Jan 31, 2024

factual allegations of Defendants’ improper issuance of the Complaint-Warrant”, Defendants contend that the “sum and substance of these allegations are subsumed within a lack of probable cause allegation, even if not so clearly … not substitute for lack of probable cause as the prerequisite for establishing a false arrest claim under the Fourth Amendment.”

New Jersey Association on Correction v. Lan

80 N.J. 199 · Supreme Court of New Jersey · Jun 8, 1979

. * * * No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally qualified voters of the State voting thereon. * * * [N. J. … Persons within the penal system may qualify for services for the mentally infirm or handicapped. Persons suffering from mental illness or retardation or other handicaps frequently move through the penal system.

In re the Objection of Markel Insurance Companies

319 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Mar 3, 1999

The common thread of the insurers’ broad based attack on the regulation is that they have insufficient connections with this State to qualify as an insurer “doing business” in New Jersey. … The Court acknowledged that the McCarran-Ferguson Act, 15 U.S.C.A. § 1011 to § 1015, established that the Commerce Clause does not bar states from regulating and taxing insurance transactions.

Clowes v. Terminix International, Inc.

109 N.J. 575 · Supreme Court of New Jersey · Mar 21, 1988

summarized the elements of a prima facie case of unlawful discrimination as follows: *596 The plaintiff must demonstrate by a preponderance of the evidence that he or she (1) belongs to a protected class, (2) applied and was qualified … Our review of the record reveals no competent evidence establishing that fact. Dr.

Waterfront Commission v. Construction & Marine Equipment Co.

928 F. Supp. 1388 · District Court, D. New Jersey · Jun 18, 1996

Mainly, the supply of waterfront labor would be regulated by a longshoremen’s register. 2 This register would include “all qualified longshoremen eligible.” N.J.S.A. § 32:23-27. … These centers were to be established and maintained by the Commission. 3 .