Case law

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.)

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 .

Jackson v. Beyer

750 F. Supp. 153 · District Court, D. New Jersey · Nov 14, 1990

However, no sentence is per se constitutional and thus immune from review. Solem v. Helm, 463 U.S. 277, 290 , 103 S.Ct. 3001, 3009 , 77 L.Ed.2d 637 (1983). … Upon a careful review of the record, the Court finds that the judge's charge to the jury clearly informed the jury that the armed robbery of Henson was the offense underlying the charge of felony murder. 8 Therefore, Count

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

Costa v. Perez

272 N.J. Super. 108 · New Jersey Superior Court Appellate Division · Apr 5, 1994

Although the injuries alleged in Licari were plainly not within the statutory term "serious injury," that case is helpful in broadly defining the types of injuries that do qualify for compensation under the statute. … The interrogatory answers and deposition testimony of plaintiff Ortiz clearly establish that until September 1989, she was gainfully employed in two types of employment.

Radio Taxi Service, Inc. v. Lincoln Mutual Insurance Co.

31 N.J. 299 · Supreme Court of New Jersey · Jan 11, 1960

handling of the settlement offer was sufficient to withstand the insurance company’s motion to dismiss at the end of the assured’s case; although there was evidence from which other inferences might be drawn, the assured was clearly … So far as its interest is concerned, there must be a willingness within the policy limit reasonably to spend its money in purchasing immunity for the insured.

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

Gibbons v. Stemcor USA, Inc. (In Re B.S. Livingston & Co.)

186 B.R. 841 · District Court, D. New Jersey · Aug 23, 1995

Under one particularly expansive Third Circuit decision, the bankruptcy court’s order may in fact qualify as a final order. … Nonetheless, under Third Circuit precedent, the order in this case may qualify as a “final order” even though it denied a motion to dismiss and/or for summary judgment.

In Re Clee

119 N.J.L. 310 · Supreme Court of New Jersey · Jan 11, 1938

Schlemm, supra (at p. 436), “* * * Mere suspicion does not establish the legality of the election of the petitioner or the defeat of the incumbent." … It is the duty of the court to uphold an election unless it clearly appears that it was illegal. Love v. Freeholders, &c., 35 N. J. L. 269, 277; public policy so ordains. Cleary v. Kendall, supra.

Esdaile v. Hartsfield

245 N.J. Super. 591 · New Jersey Superior Court Appellate Division · Feb 8, 1991

To qualify for PIP benefits, the claimant must meet the eligibility requirements of the original Fund statute. N.J.S.A. 39:6-86.1e. … To use any part of this money to compensate plaintiff's lawyer directly contradicts the Legislature's intentions in establishing the Fund.

State v. Fornino

223 N.J. Super. 531 · New Jersey Superior Court Appellate Division · Feb 16, 1988

The trial court instructed the jury that, in order to establish defendant's guilt of an attempt, the State was required to show that he ... did or omitted to do anything which under the circumstances as a reasonable person … Paul, supra, 614 F. 2d at 116 . [7] III Defendant's claim made in Point XII that he did not receive effective assistance of counsel is clearly without merit. R. 2:11-3(e)(2).

Turner v. Wong

363 N.J. Super. 186 · New Jersey Superior Court Appellate Division · Oct 2, 2003

And, in the context of *351 SLAPP [3] litigation, we recognized that the deprivation of a citizen's constitutional right to protest and communicate regarding public issues qualifies as a special grievance. … N.J.S.A. 10:5-12(f)(1). [4] And although the statute specifically mentions only written communications announcing the unavailability of the facility on prohibited grounds, oral communications to the same effect are in no way immune

Stop the Pay Hikes Committee v. Town Council of Irvington

166 N.J. Super. 197 · New Jersey Superior Court Appellate Division · Feb 5, 1979

A committee challenging the propriety of a portion of the salary ordinance was established, called “Stop the Pay Hikes Committee” (hereinafter the committee). … Certainly the specificity argument cannot ho sustained as to the mayor, council members and other elected officials, if any, since these persons are clearly ascertainable.

Bustamante v. Borough of Paramus

413 N.J. Super. 276 · New Jersey Superior Court Appellate Division · May 7, 2010

Motts, 258 F. 3d 1117, 1119 (9th Cir.2001) (holding that Heck does not bar § 1983 suit because record did not clearly establish whether excessive force took place during, or after, the arrest); Martinez v. … In any event, we believe whether the immunity applies is dependent on the particular facts presented. We will not consider the question based upon the scant factual record that exists on appeal.

Sofman v. Denham Food Service, Inc.

37 N.J. 304 · Supreme Court of New Jersey · May 7, 1962

Clearly the transaction is no less a sale than that where a customer purchases a loaf of bread, Simon v. Graham Bakery, 17 N. J. 525 (1955); a can of peaches, Griffin v. James Butler Grocery Co., 108 N. J. … J. 29, 46 (1958), overruling the long established doctrine of charitable immunity. Mr.

In re D.C.

203 N.J. 545 · Supreme Court of New Jersey · Sep 29, 2010

Clearly, if sibling bonds are important in healthy families, they are critical to children who experience chaotic circumstances. … Maintain or establish family relationships. ...”

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

State v. Hill

199 N.J. 545 · Supreme Court of New Jersey · Jul 14, 2009

It was prejudicial to defendant and was clearly capable of producing an unjust result. … Defendant himself identified the gun used in the robbery and stipulated that it qualified as an operable firearm.

Med. Inter Ins. v. Health Care

278 N.J. Super. 513 · New Jersey Superior Court Appellate Division · Jan 5, 1995

Cohen qualified as an additional insured under this coverage. … The court also concluded that the jury verdict in the underlying medical malpractice action established that the basis of Dr. Cohen's liability was negligence in the performance of his duties as an administrator at St.

Velsicol Chemical v. Environmental Prot. Dept.

182 N.J. Super. 575 · New Jersey Superior Court Appellate Division · Feb 2, 1982

No Earth Satellite representative or other qualified witness to support the admission of the report was thereafter produced, nor is appeal brought from the ruling excluding the report from evidence as inadmissible hearsay … remanding for retrial with the burden of proof resting upon the party challenging the existing physical scene, the Supreme Court commented: We note that on the record as it now stands, certain portions of the tract are clearly