Case law

PV Ex Rel. TV v. Camp Jaycee

197 N.J. 132 · Supreme Court of New Jersey · Nov 24, 2008

In 1995, the Legislature again amended the Act, extending immunity to a broad class of persons in response to concerns that charities were having trouble finding qualified people who were willing to serve on their boards … Second, that statement clearly identifies the public policies and the underlying purpose for the doctrine.

Santos v. Figueroa

87 N.J. Super. 227 · New Jersey Superior Court Appellate Division · Apr 9, 1965

The court adopts the guiding principle that the matter of justice to the nonresident should be handled in accordance with established principles of forum non conveniens. Id., at p. 286. … for the first time on this appeal, and we should clearly not, in his default of brief and appearance and on our own motion, raise the point on his behalf.

Barr v. Barr

418 N.J. Super. 18 · New Jersey Superior Court Appellate Division · Jan 19, 2011

See Pacifico, supra, 190 N.J. at 269 , 920 A. 2d 73 (reiterating that "the burden of establishing immunity from distribution of a particular marital asset or portion of an asset rests upon the spouse who asserts it"). *888 … The regular increases attributable solely to longevity are not immune when a distribution is deferred.

Brown v. Hilton

492 F. Supp. 771 · District Court, D. New Jersey · Jun 10, 1980

Supreme Court decisions have established general principles to inform our evaluation of the constitutionality of prison restrictions. … QUALIFIED IMMUNITY Defendants submit that summary judgment should be granted in their favor on the basis of their qualified immunity from liability in a suit for damages under 42 U.S.C. § 1983 , citing Procunier v.

Board of Ed., Plainfield v. Cooperman

105 N.J. 587 · Supreme Court of New Jersey · Apr 15, 1987

Acquired Immune Deficiency (AIDS) is a disease that disables the body from fighting infection. … Reasonableness in the present context clearly involves appropriate deference to medical expertise.

REID

District Court, D. New Jersey · Oct 31, 2025

Qualified Immunity Qualified immunity shields police officers from liability unless they violated clearly established rights. … Although the question of qualified immunity is generally a question of law, “a genuine issue of material fact will preclude summary judgment on qualified immunity.” Giles v.

Johnson v. Guhl

91 F. Supp. 2d 754 · District Court, D. New Jersey · Apr 7, 2000

Federal Mine Safety and Health Review Commission, 177 F.3d 1042, 1049 (C.A.D.C.1999) (“where attorney’s fees are provided for by statute, as here, qualified immunity has no application.”) 5. … First, it is clearly established that once an individual is a recipient of direct Medicaid benefits, such benefits are a protected property interest that cannot be withdrawn without giving the recipient notice and an opportunity

Visidor Corp. v. Borough of Cliffside Park

48 N.J. 214 · Supreme Court of New Jersey · Nov 21, 1966

Although the Borough's action was declared to have been procedurally illegal, the establishment of one-way streets was admittedly within the proper province of the Borough and the procedural requirement for a duly approved … ordinance was clearly designed not for the protection of economic business interests but to advance the interests of safety and uniformity in traffic regulation.

McCabe v. New Jersey Turnpike Authority

35 N.J. 26 · Supreme Court of New Jersey · May 8, 1961

the statute clearly so states. … We conclude that plaintiffs did establish a prima facie case.

Ludlow v. City of Clifton

305 N.J. Super. 308 · New Jersey Superior Court Appellate Division · Nov 19, 1997

psychological problems, including homicidal tendencies, which made her a danger to the safety and well-being of others, and consequently defendants were “palpably unreason *310 able” in failing to place her “in an institution established … Thus, the Legislature clearly intended the immunity provided by N.J.S.A 59:6-6 to apply to any decision relating to confinement for mental illness, regardless of whether that confinement is in a facility specifically described

Resolution Trust Corp. v. Lanzaro

271 N.J. Super. 425 · New Jersey Superior Court Appellate Division · May 28, 1992

The Corporation is immune from taxes other than ad valorem real property taxes. … Just as clearly, however, the statutory fee allowed to the sheriff is not a direct tax on anyone’s capital, including that of the RTC.

Lascurain v. City of Newark

349 N.J. Super. 251 · New Jersey Superior Court Appellate Division · Mar 12, 2002

The court stated: "But clearly, these individuals, both either under an absolute immunity or discretionary immunity, *752 should have their cases dismissed against them." … Thus, the test is whether a public employee reasonably believed that his or her actions were lawful in light of clearly established laws. Delbridge v.

In Re Fennelly

212 B.R. 61 · District Court, D. New Jersey · Jun 16, 1997

of authority establishes that it can, and here has, waived this immunity by filing a proof of claim against the Debtor’s estate.”). … Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous.... ” 11 U.S.C.A. Rule 8013 (West Supp.1993).

Stanziale v. New Jersey Ex Rel. Commissioner of Transportation (In Re Theobald Industries, Inc.)

53 B.R. 506 · United States Bankruptcy Court, D. New Jersey · Nov 21, 1984

Congress clearly expressed an intent to abrogate the sovereign immunity of states so as to permit a debtor to resolve state tax matters in the bankruptcy court, leading this Court to conclude that it has jurisdiction over … Given the title of § 106, “Waiver of sovereign immunity,” and the language of § 106[b], the Court finds that Congress clearly intended to abrogate the sovereign immunity of the states in proceedings to offset allowed governmental

Robson v. Rodriquez

44 N.J. Super. 262 · New Jersey Superior Court Appellate Division · Mar 13, 1957

Necessary proofs covering the above facts have been established and filed with the court. … It clearly states that a Fund is established and that only `certain' persons are to be paid out of it for injuries or death and that it is to be resorted to for property damage only in `certain cases.' *270 If the incidental

Becker v. Sherwin Williams

717 F. Supp. 288 · District Court, D. New Jersey · Jul 17, 1989

candidate than, or even as qualified as, the younger persons hired by Sher-win Williams. … Plaintiff has already conceded in his Affidavit in Opposition that the doctrine of sovereign immunity precludes him from obtaining a money judgment against the EEOC.

Bonitsis v. NJ INSTITUTE OF TECH.

363 N.J. Super. 505 · New Jersey Superior Court Appellate Division · Oct 29, 2003

To reverse the trial court's evidentiary ruling, we must find that the trial judge's decision was clearly capable of producing an unjust result. R. 2:10-2. … Collini's letters was clearly capable of producing an unjust result. Accordingly, plaintiff is entitled to a new trial on that claim.

State v. Zwillman

112 N.J. Super. 6 · New Jersey Superior Court Appellate Division · Oct 19, 1970

Here the defendant was not allowed to go into the specific circumstances under which the immunity was based or the nature of arrangements made for immunity. … A trial judge may intervene in the trial during the introduction of evidence to qualify or expedite matters.

Fischer v. Canario

277 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Nov 21, 1994

Rubin was qualified as an expert in the fields of oncology, hematology, immunology, and general medicine. Dr. Roschelle was an orthopedic surgeon. … The jury charge in this case, when read as a whole, clearly instructs the jury to award plaintiff the entire amount of the damages to which he is entitled.

Van Engelen v. O'LEARY

323 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Jul 13, 1999

Clearly a major problem in Sussex Borough is an inordinate use of alcohol and drugs. This must end now! … Plaintiffs do not clearly articulate their theory as to what O'Leary intended to accomplish by his asserted pillorying of Curcio and Van Engelen.