Case law

Stahl v. Township of Teaneck

162 F. Supp. 661 · District Court, D. New Jersey · May 28, 1958

The Court made the following cogent statement: “It is true, as a general rule, that the lex loci governs as to the validity of contracts, but this rule is subordinate to and is qualified by the doctrine that neither by comity … The legislature by such action clearly manifested an intention to close avenues to the unlicensed participation in the business of real estate brokerage.” (Emphasis supplied.) In Solomon v.

State v. Bishop

429 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Feb 27, 2013

The legislation that followed created special probation, as distinguished from, regular probation, and established the new resen-tencing provision applicable upon revocation of special probation. … The plea agreement in these cases must clearly indicate that the defendant has been given an alternative offer and must set forth the state prison sentence that was being offered as the alternative to the drag court program

Asbury Park Press v. LAKEWOOD POLICE DEPT.

354 N.J. Super. 146 · New Jersey Superior Court Appellate Division · Apr 2, 2002

The underlying principles regarding the statutory and common law right to know are well established. … Clearly, the records involved in this case are made, maintained or kept either by the Township or the County.

Lehmann v. Toys 'R' US, Inc.

132 N.J. 587 · Supreme Court of New Jersey · Jul 14, 1993

Quid pro quo sexual harassment is more easily recognized and more clearly defined and well-established as a cause of action. … However, such conduct would also more clearly qualify as negligence or recklessness, thus triggering liability under § 219(2)(b).

State v. BH

290 N.J. Super. 588 · New Jersey Superior Court Appellate Division · May 15, 1996

clearly intended. … It might even be motivated by an attempt to cause annoyance or alarm, but I think it would be immune from prosecution, but the utilization of a ripped up order clearly indicates to me that this was a communication likely

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.

In re the Guardianship of K.H.O.

308 N.J. Super. 432 · New Jersey Superior Court Appellate Division · Feb 20, 1998

To qualify for federal funding, the Child Welfare Act requires that states demonstrate they have made “reasonable efforts” at preventing the removal of the child from the home and reunifying the family once the child has … If DYFS is to terminate such relationships, it must establish the basis to do so in each case. It has not done so here.

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.

In Re Bumsted

141 N.J. Eq. 251 · New Jersey Superior Court Appellate Division · Jan 30, 1948

Cook, who qualified as such, died June 16th, 1943. The decedent testatrix, Minnie G. Bumsted, left an estate of an approximate value of one and a half million dollars. … That language clearly indicates her intention that the principal of the trust funds should become part of her residuary estate.

MANZANILLO v. United States

District Court, D. New Jersey · Jan 22, 2024

Pursuant to the statute, this Court is required to screen Plaintiff's complaint and dismiss any claim which is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … complained of falls within the limitation period, the court will permit the claim to proceed even where some of the events would otherwise be untimely, In order to receive this benefit, however, “a plaintiff must establish

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.”).

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.

State v. Simon

113 N.J.L. 521 · Supreme Court of New Jersey · Oct 5, 1934

The existence of such statement being admitted, the next question was one of procedure, viz., how the defense could establish a right to have it produced? … There was clearly a proper ease for the jury at both stages of the case.

Slater v. Director

26 N.J. Tax 322 · New Jersey Tax Court · Apr 27, 2012

The statute allowing for S & U refunds establishes a four year time period within which to file a request for a refund. … An otherwise eligible taxpayer or vendor who does not comply with the established procedures waives his entitlement to any refund.

In re LAN Associates XIV, L.P.

193 B.R. 730 · United States Bankruptcy Court, D. New Jersey · Feb 16, 1996

In this case, Metro’s failure to file a timely proof of claim neither constitutes “neglect” nor qualifies as “excusable” under the Pioneer criteria. … Metro has failed to establish excusable neglect under Fed.R.Bankr.P. 9006. Metro’s motion for allowance of its late filed claim is denied.

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 .

I/M/O Town of Harrison and Fraternal Order of Police, lodge No. 116

New Jersey Superior Court Appellate Division · Apr 15, 2015

"The Director of the Division of Pensions and Benefits shall appoint a qualified employee of the division to be secretary of the board. … hereunder shall be headed, directed and supervised by a director, who shall be a person qualified by training and experience to direct the work of such division.

City of Hackensack v. Winner

162 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jul 31, 1978

The testimony in both hearings clearly was to the effect that the charging parties were active members of the union representing the fire fighters and participated vigorously and to varying extents in the contract negotiations … For instance, if a promotional list had expired, or if the party was not otherwise qualified, or if there were no budgeted vacancy, an affirmative promotion order by PERC would not seem appropriate.

Keddie v. Rutgers, State University

148 N.J. 36 · Supreme Court of New Jersey · Mar 6, 1997

If that requirement is satisfied, the documents qualify as public records under the RTKL. … Unlike RTKL *50 documents, the right to access common-law records is a qualified one. Home News, supra, 144 N.J. at 453 , 677 A.2d 195 .

Alexander Nicolas v. Trenton Board of Education

New Jersey Superior Court Appellate Division · Jan 17, 2024

Indeed, the job descriptions in the record clearly state a candidate "shall . . . … As noted, plaintiff was simply not qualified for the positions he sought.