Case law

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

Oswin v. Shaw

129 N.J. 290 · Supreme Court of New Jersey · Jul 30, 1992

Defendant, not surprisingly, agrees with the Appellate Division’s finding that Oswin’s injuries did not qualify for recovery under the verbal-threshold statute. … If the Legislature intends that the court decide the factual disputes as well, it must express that intent clearly and unambiguously.

Jackman v. Bodine

43 N.J. 453 · Supreme Court of New Jersey · Nov 25, 1964

It is one conceived out of compromise and concession indispensable to the establishment of our federal republic. … Although it is true that the people voted for the referendum as thus clearly limited and adopted also the constitution the Convention proposed, it would be quite unreal to say the people had a meaningful choice.

State v. Evans

235 N.J. 125 · Supreme Court of New Jersey · Jun 28, 2018

The judge ruled that the officer's search incident to Evans's arrest could not alone qualify as an exception to the warrant requirement needed to authorize a strip search. … If probable cause is established, courts must explore exceptions to the warrant requirement.

Eatough v. Bd. of Medical Examiners

191 N.J. Super. 166 · New Jersey Superior Court Appellate Division · Aug 1, 1983

s are either not qualified to practice medicine and surgery as is a physician who is required to use the M.D. designation, or are less competent than the latter. … Shelton College, 90 N.J. 470 (1982), Shelton College challenged certain New Jersey statutes and regulations as violative of the Establishment Clause of the First Amendment.

Gunter v. Ridgewood Energy Corp.

164 F.R.D. 391 · District Court, D. New Jersey · Jan 29, 1996

A Adequacy The adequacy of the class representatives depends upon two factors: 1) the plaintiffs’ attorney must be qualified, experienced, and generally able to conduct the proposed litigation, and 2) the plaintiff must not … It is likely that plaintiffs will primarily rely upon mathematical formulas, presented by experts, to establish the loss suffered by each plaintiff.

AMERICAN FIRE v. NJ Div. of Tax.

375 N.J. Super. 434 · New Jersey Superior Court Appellate Division · Mar 9, 2005

Further, the Privileges and Immunities Clause of the Constitution, Art. IV, § 2, is inapplicable, because corporations are not held to be "persons" to which that clause applies. See Hemphill v. … In this context, our long-established jurisprudence requires us to defer to a legislature's judgment if the classification is rationally related to a legitimate state purpose.

Yu Kikumura v. United States

978 F. Supp. 563 · District Court, D. New Jersey · Aug 28, 1997

Kikumura challenged the finding that the bombs were intended to kill persons was clearly erroneous. Id. … The Supreme Court has established a narrow exception to this rule.

Thompson v. Nienaber

239 F. Supp. 2d 478 · District Court, D. New Jersey · Dec 26, 2002

It is a flexible rule, though, that “often servfes] as a vehicle for raising various residual defenses” such as failure to exhaust administrative remedies, lack of standing, or sovereign immunity. Id. (citing cases). … Defendants clearly argued that “[g]iven the broad arbitration clause in the Agreement ... there is no doubt that the arbitration clause governs *484 this dispute and this Court lacks jurisdiction over this matter.”

Td Bank, Etc. v. Farrendale Investments, LLC

New Jersey Superior Court Appellate Division · Aug 1, 2024

Defendants clearly stated causes of action for both and should be allowed the opportunity to establish the claims on remand. … Wilshire Credit Corp., 207 N.J. 557, 584 (2011) (holding "[l]ending institutions and their servicing agents are not immune from the CFA").

State v. Cullen

424 N.J. Super. 566 · New Jersey Superior Court Appellate Division · Mar 6, 2012

Furthermore, the court was not required to follow the motion judge's interpretation of the relevant section of ENSCA if the court believed that the interpretation was clearly erroneous. … Defendants contend that the DEP failed to establish that the aforementioned actions caused these outcomes.

Sm v. Aw

281 N.J. Super. 63 · New Jersey Superior Court Appellate Division · Apr 17, 1995

She acted friendly and appeared to enjoy the activities taking place in the retail establishment. … The maternal grandmother qualified as such an interested person and had standing to bring this action to have her granddaughter returned to her.

County of Essex v. Hindenlang

35 N.J. Super. 479 · New Jersey Superior Court Appellate Division · May 20, 1955

The more liberal view of what is a "public use" leads us to the conclusion that the proposed parking area is clearly for the public benefit, to the public advantage, and has public utility. … Defendants make the subsidiary argument that County Engineer Colwell and Newark Traffic Engineer Cyr, whose affidavits are mentioned in the early part of this opinion, were not qualified as experts and that defendants were

WALKER v. CHETIRKIN

District Court, D. New Jersey · Jan 31, 2022

immunity.7 (ECF No. 23-1). 1. … Even if Plaintiff stated a claim, Sergeant Costeiro alleges he is entitled to qualified immunity. First, this Court must define the contours of the constitutional right at issue.

VALDEZ BLANCO v. TSOUKARIS

District Court, D. New Jersey · May 11, 2020

On April 22, 2020, Petitioner consented to a COVID-19 test, which indicated that Petitioner had had the virus and was likely recovering and in the process of developing an immunity to the virus. (Id. at 57-58). … Apr. 7, 2020) (denying request for TRO by habeas petitioner as he could not establish deliberate indifference to his medical needs).

Black v. Black

436 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Jun 26, 2013

The three accounts shall be established within thirty-five days. … The existence of Rutgers as a continuing option, however, clearly remains viable as an affordable university where C.B. has already established success as a freshman.

G.S. VS. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES)

New Jersey Superior Court Appellate Division · Nov 16, 2020

As a result, the agency determined that G.S. no longer qualified for ACA Medicaid. … also meet quality and performance standards established under this section.

Muise v. GPU, INC.

371 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Jul 8, 2004

However, he qualified it by adding that such a benefits transfer method would have yielded only a "starting point," because any transfer has error associated with it. … In some circumstances, an econometric model may be used to establish injury on a class-wide basis once the proofs have established that all class members have suffered actual damage.

Nature's Touch Med Nj, LLC v. City of Hoboken

New Jersey Superior Court Appellate Division · Dec 30, 2025

The TC Act waives the State's sovereign immunity subject to certain requirements and limitations. … Plaintiff's complaint does not clearly identify a tort cause of action.

In re NJPDES Permit No. NJ0025241

185 N.J. 474 · Supreme Court of New Jersey · Jan 11, 2006

Such hearings are appropriate when there exist adjudicative facts in dispute. “ ‘The law clearly is, at a most elementary level, that because a trial is a process for taking evidence, subject to cross-examination, and because … Nonetheless, to qualify for “party” status under the WPCA, one must demonstrate a significant issue of fact or law for which an adjudicative hearing is required became there is a triable dispute concerning adjudicative facts