Case law

BARTLEY v. STATE OF NEW JERSEY

District Court, D. New Jersey · Aug 31, 2021

The Eleventh Amendment bars such suits unless the State has waived its immunity.” Will, 491 U.S. at 66, 109 S. Ct. 2304. … “[T]o establish a claim against a policy maker under § 1983 a plaintiff must allege and prove that the official established or enforced policies and practices directly causing the constitutional violation.”

Chavez-Rivas v. Olsen

194 F. Supp. 2d 368 · District Court, D. New Jersey · Apr 1, 2002

petitioners, remains the ultimate decisionmaker as to matters concerning the INS, see 8 U.S.C. § 1103 (a)(1), and is commonly designated a respondent in these cases, even when personal jurisdiction over the immediate custodian clearly … Moreover, adopting a broad notion of who qualifies as a custodian might unnecessarily complicate habeas claims by forcing courts to undertake fact-intensive analyses of venue and forum non conveniens issues. See id.

SAMMUT v. VALENZANO WINERY LLC

District Court, D. New Jersey · Jun 17, 2019

At some point, Troopers Gonzales and Crothers approached Plaintiff and “reported that he was clearly intoxicated.” (Id. at ¶ 13.) … immunity.”

STATE OF NEW JERSEY IN THE INTEREST OF T.M., JR. (FJ-03-0373-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Aug 11, 2020

However, if a proper foundation establishes the officer's specialized experience and training on the matter, and there is enough evidence to qualify the officer as an expert, any error in failing to qualify the officer … However, the record contains detailed testimony establishing the officer's specialized experience and training on the matters about which he testified to qualify him as an expert.

In Re Moore

57 N.J. Super. 244 · New Jersey Superior Court Appellate Division · Sep 28, 1959

The evidence establishes that both Johnson's and Chandler's ballots reflected such choice. There was an honest, good-faith attempt on the part of these two elderly men to vote absentee. … policy was unequivocally adopted and applied in the Wene case, where the court said: "* * * while protective legislation measures are to be enforced according to their spirit, a construction that would nullify votes cast by qualified

New Jersey Builders Ass'n. v. Department of Environmental Protection

169 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Jun 12, 1979

In other words, the finding of the Commissioner of DEP of a need of establishment of standards for water quality and septic systems control is clearly supported by ample credible evidence in the record. … The testimony of John Murphy of the United States Geological Survey, a qualified expert with relation to the ground water of the Central Pine Barrens, demonstrated the adequacy of DEP’s data for ground water quality.

STATE OF NEW JERSEY VS. KYLE P. BROWN (16-10-1680, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 10, 2020

A-3588-17T4 4 of discretion; (3) denial of defendant's motion for a new trial because there was no showing of a clearly … There is no evidence of legislative intent to exclude the factual scenario in this case – a car with gasoline in its tank set on fire and bursting into a fireball – from qualifying as an explosion.

NAZAROV v. CITY OF BRIGANTINE

District Court, D. New Jersey · Jun 25, 2024

re Second, Plaintiffs have failed to establish any intentional treatment by Defendants. … Aug. 12, 2019) (“Given that summary judgment is proper, there being no proof of a constitutional violation, the Court need not address the qualified immunity defense.”); Gentile v. DES, Props., 3:08-CV-2330, 2012 U.S.

In Re Applications of North Jersey Dist. Water Supply Com'n

175 N.J. Super. 167 · New Jersey Superior Court Appellate Division · Jun 30, 1980

Hackensack Water Co., 48 N.J. 302, 310-311 (1966): "... the Water Council and its agents have developed a singular expertise and are unusually qualified to pass judgment on such subject." … Clearly, the Commissioner may use his discretion in deciding whether or not to hold a hearing.

PARKER v. NEW JERSEY MOTOR VEHICLE COMMISSION

District Court, D. New Jersey · Aug 28, 2020

The Court next held that Defendants failed to meet their burden to establish that Plaintiff was ineligible for the endorsements. … Defendants fail to demonstrate grounds to reconsider the Court’s decision on sovereign immunity for Fulton.

In re Thompson

191 F. Supp. 545 · District Court, D. New Jersey · Feb 24, 1961

The petitioner’s application for that writ was based upon the contention that the pro *547 visions of the New Jersey statute, for the violation of which the present' petitioner was convicted, “grant immunity to prosecution … The law which I deem applicable to the present pending petition for writ of habeas corpus is clearly and comprehensively restated by Judge Barnes of the Ninth Circuit, in Muhlenbroich v.

State v. Rolon

400 N.J. Super. 608 · New Jersey Superior Court Appellate Division · Jun 20, 2008

POINT III THE INCONSISTENT VERDICTS ON THE TWO COUNTS OF FIRST[-]DEGREE ROBBERY AND POSSESSION OF A WEAPON FOR AN UNLAWFUL PURPOSE CLEARLY DEMONSTRATE THAT THE *737 JURY WAS MISLED BY THE JUDGE'S ERRORS IN THE INSTRUCTIONS … You must determine if this object qualifies as a deadly weapon and if the State has proven beyond a reasonable doubt that the defendant was in the course of committing a robbery.

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”).

New York & New Jersey Lubricant Co. v. Young

77 N.J. Eq. 321 · New Jersey Court of Chancery · Aug 8, 1910

This statement would have, perhaps, to be qualified by what Lord Westbury said in the case above cited: “I cannot receive it as a rule that a plaintiff is not answerable for a falsehood because it may be so gross or palpable … Are they any the less material misrepresentations on that account, or do they indicate any the less clearly the purpose of adopting the label? It would seem plain, therefore, that complainant should be denied relief.

Ajax Metal Co. v. Brady Brass Co.

155 F. 409 · U.S. Circuit Court for the District of New Jersey · Jul 31, 1907

This, if established, is, of course, the end of the patent, the novelty of which it effectively negatives. … But clearly that was not the case. The journal analyzed was a single test piece of 19 pounds, of which Mr.

Associated East Mortgage Co. v. Young

163 N.J. Super. 315 · New Jersey Superior Court Appellate Division · Oct 24, 1978

According to the provisions of the Housing Act of 1949, a mortgagee who is approved by the Secretary of HUD (Secretary) as qualified to service the mortgage properly, could foreclose in case of default, take possession of … A review of the facts here clearly discloses that many of the servicing procedures in the C.F.R. for HUD mortgages in default were not followed by Associated.

In Re Pistor

53 N.J. Super. 139 · New Jersey Superior Court Appellate Division · Dec 12, 1958

It qualified and has acted in that capacity since. Decedent's daughter, Pauline Sainsbury, died in 1944. She had two children, Pauline Purviance, who died in 1915 without issue, and Noel E. … "The pattern of her testamentary dispositions prior thereto and commencing with the original will," said the court, "clearly evinces this intention."

State v. Julie L. Michaels (072106)

219 N.J. 1 · Supreme Court of New Jersey · Aug 6, 2014

There also was a section where “the SLD examiner who reviewed Caylor’s analysis certified that Caylor was qualified to conduct the BAC test, and that the ‘established procedure’ for handling and analyzing [the] sample ‘ha … Clearly, defendant could not cross-examine the machines themselves. See Jenkins v.

TUCKER v. CITY OF PHILADELPHIA

District Court, D. New Jersey · Jun 29, 2023

City of Philadelphia, the Third Circuit expanded on these two sources of liability: A government policy or custom can be established in two ways. … Therefore, it is not entitled to qualified immunity. Owen v.

Anzalone v. Westech Gear Corp.

271 N.J. Super. 522 · New Jersey Superior Court Appellate Division · Mar 25, 1994

The specifications clearly provide that the ram tensioner subject to development was to be free standing, base mounted structure which could be placed anywhere upon a ship's deck. * * * * * * * * *528 [T]he specifications … More importantly, WesTech cannot be accorded immunity here based upon the government contractor defense because it could have fulfilled both its contractual obligation to the government and a state-prescribed duty of care