Case law

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.

State v. Zaire J. Cromedy

Supreme Court of New Jersey · Aug 5, 2025

The elements the State must prove are: (1) a current violation of subsection (a), (b), (c), or (f) of N.J.S.A. 2C:39-5 and (2) a prior NERA-qualifying conviction. … The distinction between grades depends on specific elements. 3 Some statutes define the relevant offense and then establish the grades of that offense in clearly labeled subsections.

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.

Clark v. Actavis Group HF

567 F. Supp. 2d 711 · District Court, D. New Jersey · Jul 25, 2008

This responsibility clearly lies within the realm of the FDA’s authority. 11 See id. § 7.41(a). The same is true of the recall procedures. … The case concerns the doctrine of sovereign immunity, id. at 715 , rather than the doctrine of primary jurisdiction.

KELLEY v. REYES

District Court, D. New Jersey · Jul 1, 2020

Entitlement to Qualified Immunity The allegations detailing how these Defendants intentionally coerced confessions, fabricated evidence (including the “tip,” an eyewitness identification … Lee), and hid material exculpatory and impeachment evidence foreclose a finding of qualified immunity at this time. Kelley and Lee ECF No.1 at ¶¶ 48–50, 51–57, 59, 79, 135, 147–48, 172.

Liebeskind v. MAYOR AND MUN. COUN.

265 N.J. Super. 389 · New Jersey Superior Court Appellate Division · Jun 23, 1993

He concluded that afternoon meetings are permissible and that caucuses do not qualify as public meetings. … Clearly, however, challenge to an ordinance enacted on July 17, 1991 could not have been raised in the prior case which was heard on June 26, 1991.

LEE v. CLARK

District Court, D. New Jersey · Jul 1, 2020

Entitlement to Qualified Immunity The allegations detailing how these Defendants intentionally coerced confessions, fabricated evidence (including the “tip,” an eyewitness identification … Lee), and hid material exculpatory and impeachment evidence foreclose a finding of qualified immunity at this time. Kelley and Lee ECF No.1 at ¶¶ 48–50, 51–57, 59, 79, 135, 147–48, 172.

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 .

Asbury Park Bd. of Educ. v. NJ DOE

369 N.J. Super. 481 · New Jersey Superior Court Appellate Division · Jan 26, 2004

This paragraph clearly directs the DOE to determine preliminary maintenance budget figures on the basis of the Abbott districts' "2002-03 approved budget[s]" *1081 plus an estimate of the supplemental funding needed to support … Appellants argue that the DOE's definition of "non-instructional program" conflicts with the July 23rd order because it adds to the Court's definition a requirement that to be immune from effectiveness and efficiency review

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.

Stryker Corp. v. Director, Division of Taxation

18 N.J. Tax 270 · New Jersey Tax Court · Aug 16, 1999

During the audit years, plaintiff shipped merchandise from Allen-dale to thirty-six states, but was qualified to do business only in New Jersey, California, Florida, Illinois, Michigan and Tennessee. … The last two stated alternatives clearly point particularly to the nexus of localized activity within the state of a nature and extent, as here, *279 where it can realistically be said that state government substantially

JOY DESANCTIS VS. BOROUGH OF BELMAR (L-3550-15, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 9, 2018

case such ordinance shall remain inoperative until a proposition for the ratification thereof shall be adopted, at an election to be held for that purpose, by a majority of the qualified … The printed phrasing of said question on the ballots shall clearly set forth the true purpose of the matter being voted upon.

CASCIANO v. CITY OF PATERSON

District Court, D. New Jersey · Jan 19, 2022

The NJCRA affords a private cause of action to [a]ny person who has been deprived of any substantive due process or equal protection rights, privileges or immunities secured by the … As a result, the Court does not reach Defendants’ qualified immunity argument on this issue. C.

In Re Hospitalization of Patterson and Bohuk

156 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Feb 1, 1978

Nor does the quoted section clearly say the court shall select the institution for treatment. … She *96 is assisted by division directors "who shall be qualified by training and experience." N.J.S.A. 30:1-9.

Harding v. Dana Transport, Inc.

914 F. Supp. 1084 · District Court, D. New Jersey · Jan 25, 1996

The challenge before this court is to determine whether the defendants have waived that which they so clearly and unequivocally claim. … As reflected both at federal common law and in the Federal Rules, the work product doctrine provides qualified not absolute protection. Id. at 239 , 95 S.Ct. at 2170 .

C.A. v. Eric Bentolila, M.D. (071702)

219 N.J. 449 · Supreme Court of New Jersey · Sep 29, 2014

The Hospital complied with the PSA’s mandate that this case be analyzed by a qualified team of its staff. … Yet that is all this record establishes.

State of New Jersey v. Eric T. Seddens

New Jersey Superior Court Appellate Division · Apr 2, 2026

That said, we reiterate that certain prior bad acts may be admissible as proof of identity under New Jersey law without qualifying as "signature crimes." … We do not regard the reference as one that would have been "clearly capable" of leading to an unjust verdict. R. 2:10-2.

United States v. Atlantic States Cast Iron Pipe Co.

612 F. Supp. 2d 453 · District Court, D. New Jersey · Mar 23, 2009

First, it defines who qualifies as a “victim” under the statute. … It clearly encompasses OSHA’s particular efforts, in these three incidents [involving Messrs.

Naughton v. Elliott

68 N.J. Eq. 259 · New Jersey Court of Chancery · Jan 30, 1905

Its effect as establishing a mistake on defendant’s part, or complainant’s knowledge of it, will be considered hereafter. … The lease did not refer to defendant’s deed, either for fixing the beginning corner or anjr other purpose, and this deed, therefore, cannot, as against complainant, be referred to for the purpose of adding to or qualifying

Mayles v. Wentlejewski

337 N.J. Super. 466 · New Jersey Superior Court Appellate Division · Mar 1, 2001

In the ease before us, defendant was clearly proceeding to make a left turn, as his directional signal was activated and he had entered the intersection. … We conclude that the judge’s calculation of plaintiffs damages after additur was correct, accepting the ratio of seat-belt damages to total damages as established by the jury: 74% to 26%. *473 Our analysis of the evidence