Case law

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.

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.

Lowenstein v. Newark Board of Education

35 N.J. 94 · Supreme Court of New Jersey · May 22, 1961

The terminal date had significance since it was established before the Board that Dr. … These answers clearly seem to be intellectually honest ones from a man who is reluctant to talk of matters about which he does not feel thoroughly qualified.

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.

Cooper Health System v. Virtua Health, Inc.

259 F.R.D. 208 · District Court, D. New Jersey · Aug 4, 2009

Plaintiff also claims that Star’s redactions “clearly far exceed that permitted by [Judge Colalillo in her] ... February 18, 2009 Order and as stated by the Court during the February 17,2009 hearing.” Brief at 23. … However, the community of interest privilege is only applicable if an underlying privilege has been established. Louisiana Municipal Police Employees Retirement System v.

Todd v. Meding

56 N.J. Eq. 83 · New Jersey Court of Chancery · Aug 27, 1897

The qualifying rule that such an assignment cannot be enforced by action at law without the acceptance or assent of the debtor does not vary the result. … Now it was clearly the duty of the receiver in this case to scrutinize each one of these claims submitted to him, and to ascertain their validity and freedom from suspicion, and to ascertain to whom they were severally payable

State v. Ernst & Young, LLP

386 N.J. Super. 600 · New Jersey Superior Court Appellate Division · Jul 25, 2006

BearingPoint is the next qualified bidder. It is the next lowest cost and highest technical rank of the responsive bidders. … Although he never specifically addressed the legal criteria that applied to the State's damages claim, he clearly adopted a standard of reasonable care.

McCann v. Superintendent of Elections

303 N.J. Super. 371 · New Jersey Superior Court Appellate Division · Apr 4, 1997

More significantly, the position taken by the Attorney General disenfranchises all those persons otherwise qualified to vote who are now or will in the future be under sentence for a term of supervised release. … The restrictive interpretation for which McCann argues could have been expressed clearly and succinctly by the Legislature had that been its intent.

Cervase v. Kawaida Towers, Inc.

124 N.J. Super. 547 · New Jersey Superior Court Appellate Division · Jul 10, 1973

The pertinent text of the resolution follows: WHEREAS, pursuant to R.S. 55:16-1 et seq., the promoters of Kawaida Towers, Inc., represent that Kawaida Towers, Inc., will be incorporated and duly qualified under the State … The Legislature clearly had this purpose in mind when it authorized municipalities to confer tax exempt status upon limited dividend non-profit housing corporations.

Brian Laul, Sr. v. Instant Air Heating & Cooling

New Jersey Superior Court Appellate Division · Aug 22, 2024

Sheref Hassan, an orthopedic surgeon at the Landa Spine Orthopedic Center who was qualified as an expert in the field of orthopedic medicine. … "[T]his logical relationship generally must be established by appropriate expert medical opinion." Ibid.

TOKHI v. CITIZENSHIP AND IMMIGRATION SERVICES

District Court, D. New Jersey · Sep 3, 2025

The Court has serious misgivings that Plaintiffs can establish any of the requisite elements of contract formation and breach. … Defendants concede that this 2012 case “does hold that sovereign immunity is waived for equitable actions not brought under the APA,” and asks this Court to construe ambiguity here in favor of immunity. (Rep. at 6.)

State v. Christener

71 N.J. 55 · Supreme Court of New Jersey · Jul 14, 1976

This disposition is clearly anomalous for a crime which the dissent would otherwise portray as a cold-blooded murder. … And our ancestors secured this concept of immunity from intrusion in the Fourth Amendment: The right of the people to be secure in their * * * houses * * * against unreasonable searches and seizures, shall not be violated

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.

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.

Retter v. Georgia Gulf Corp.

755 F. Supp. 637 · District Court, D. New Jersey · Jan 28, 1991

To state a prima facie case of age discrimination, plaintiff must show (1) that he belongs to a protected class, (2) that he was qualified for and satisfactorily performing his position, (3) that he was fired in spite of … Further, the Third Circuit has clearly stated that “from a legal perspective managers are not compelled to convey their dissatisfaction to employees.” Healy, 860 F.2d at 1216 .

JOYNER v. HANSSEN

District Court, D. New Jersey · Dec 8, 2021

That document, however, is clearly an amended complaint which reiterates the claims listed in the original complaint and expands upon them. … Rice, 40 F.3d 72, 75 (4th Cir. 1994) (“the Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state”).

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.

Treusch v. Center Square Supermarket, LLC

921 F. Supp. 2d 336 · District Court, D. New Jersey · Jan 31, 2013

The Supreme Court has clearly held that a claim “arising under § 301 is controlled by federal substantive law even though it is brought in a state court.” Avco Corp., 390 U.S. at 560 , 88 S.Ct. 1235 . … Accordingly, it is clearly established that federal law governs an employee’s claim against a union for breach its duty of fair representation.

JAMES CARIFI VS. JAMES R. BARBERIO (L-3140-14, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 14, 2020

Because we reject the premise of this argument, we conclude it clearly lacks substantive merit. … Waiver may be implicit if "the circumstances clearly show that the party knew of the right and then abandoned it, ei ther by design or indifference," and that waiver must be done "clearly, unequivocally, and decisively

Estate of GE v. Div. of Med. Assist.

271 N.J. Super. 229 · New Jersey Superior Court Appellate Division · Mar 2, 1994

The court subsequently entered a Qualified Domestic Relations Order (QDRO) to effectuate the direct pension payments to V.E. Although G.E.' … This would encourage prospective Medicaid applicants with incomes exceeding the eligibility limit to incur substantial debts in order to established eligibility, thereby circumventing the income limits established under the