Case law

In re Peralta

599 B.R. 759 · United States Bankruptcy Court, D. New Jersey · Apr 16, 2019

Further, the document clearly lists Melinda Middlebrooks as the Debtors' attorney. … P. 4004 and 4007 ] are 'jurisdictional' or otherwise immune from tolling based on equitable principles." Id . at 188.

J.W. v. Board of Trustees, Etc.

New Jersey Superior Court Appellate Division · Jan 12, 2026

Further, the Legislature has clearly extended accidental disability "coverage for mental injuries" to members. Patterson, 194 N.J. at 44. … failed to establish the first incident was "the type of qualifying event envisioned A-0249-24 18 by Patterson

Woodland Private Study Group v. State of NJ

616 F. Supp. 794 · District Court, D. New Jersey · Aug 29, 1985

It is well established that a federal civil rights action may not be brought against a state or a department or agency of a state unless the state waives its immunity under the Eleventh Amendment. … The State of New Jersey has neither expressly nor impliedly waived its immunity so as to permit this lawsuit against the DEP.

MCLAUGHLIN

District Court, D. New Jersey · Dec 15, 2025

“[T]he thirty-day time period for removal does not begin to run until the grounds for removal are clearly established.” Von Dell v. Boeing Co., No. 11-786, 2011 WL 5974579, at *1 (D. Del. … Removal was therefore proper within thirty days of that date, when “the grounds for removal” became “clearly established], and Wells Fargo timely filed its Notice of Removal thirty days later.

M. v. K.

186 N.J. Super. 363 · New Jersey Superior Court Appellate Division · Aug 24, 1982

The Gauit-Ginsberg-Tinker trilogy established a policy that the rights of minors are entitled to protection from infringement by the states. … The constitutional rights of the infant in this case clearly outweigh the interest of the State in fostering rehabilitation of unhealthy marriages.

SANTOS

District Court, D. New Jersey · Sep 3, 2026

to an adverse employment action despite being qualified; and (4) that adverse action occurred under circumstances giving rise to an inference of discrimination. … equal privileges and immunities under the laws; and (3) an act in furtherance of the conspiracy; (4) whereby a person is either injured in his person or property or deprived of any right or privilege of a citizen of the

State Ex Rel. Ja

385 N.J. Super. 544 · New Jersey Superior Court Appellate Division · May 23, 2006

This was clearly the case here. … [used] to secure a volatile scene or establish the need for or provide medical care" are nontestimonial).

N.

District Court, D. New Jersey · Jun 26, 2026

Qualified Immunity Because the Court grants summary judgment for School District Defendants on each individual claim, the Court need not determine whether the School District … Defendants are qualifiedly immune from suit.

Moore v. Blauvelt

15 N.J. Eq. 367 · New Jersey Superior Court Appellate Division · May 15, 1862

The factum of the will is fully established. The instrument was executed and attested with all the formalities prescribed by the statute. … The facts which have been stated touching the condition and circumstances of the testatrix and her family are clearly established by the evidence. Nor do they seem to be at all controverted.

Estate of Michael R. Monihan and Holly P. Monihan v. Director, Division of Taxation

New Jersey Tax Court · Jan 16, 2026

Rather than it being one among several factors to be considered in establishing the relationship, the ICA is “dispositive” and a “court must enforce its terms.” Kennedy, 257 N.J. at 311-12. … Relevant to Taxpayer’s claim, the enumerated sources of taxable income within N.J.S.A. 54A:5-1 may not qualify for deductions of business expenses if the earning party is an employee.

State v. Hummel

132 N.J. Super. 412 · New Jersey Superior Court Appellate Division · Jan 29, 1975

The fresh complaint testimony was clearly identified as hearsay, the source and circumstances of each statement being specified in the testimony of each witness. … Thus, defendant's approach was improper both in the character traits it sought to establish and in the use of specific instances of conduct to establish these traits.

State v. JG

261 N.J. Super. 409 · New Jersey Superior Court Appellate Division · Jan 6, 1993

Although these statements were less detailed, the court determined that their reliability was established by the totality of the circumstances. … Defendant's remaining arguments in which he challenges the fairness of the trial and the jury's verdict are clearly without merit. R. 2:11-3(e)(2).

New Jersey Turnpike Authority v. American Federation of State Employees

289 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Mar 20, 1996

One need not do both to qualify. We recognize that in its final form, the 1974 amendments to Chapter 303 changed Governor Cahill’s proposed definition of managerial executive. … personnel policies and procedures and in enforcing the provisions of a collective bargaining agreement; and (4) establishing or participating in the establishment of performance standards for subordinate employees and taking

In the Matter of Samay

166 N.J. 25 · Supreme Court of New Jersey · Jan 12, 2001

Neither by your age, by your occupation, by your life experiences or by your education are you qualified to do so. Lastly, and most importantly, I intensely resent the tone of your letter. … Clearly respondent, as required by Canon 3C, should have disqualified himself from sitting in any phase of the Jakubovic and Grassie matters.

HERNANDEZ v. DEVLIN

District Court, D. New Jersey · Aug 30, 2022

Defendant also argues that she is entitled to qualified immunity. (See id. at 20–26.) … As the Court concludes that Defendant’s first argument warrants summary judgment in her favor, the Court does not reach Defendant’s second argument as to qualified immunity.

Cam v. Raw

237 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jan 9, 1990

Those principles are clearly applicable in this case. … interspousal immunity, it is clear plaintiffs have lifted the veil of secrecy here and place *543 squarely in issue all the facts surrounding their use or misuse of the alleged defective product. [ 178 N.J.

Diaz v. Johnson Matthey, Inc.

893 F. Supp. 358 · District Court, D. New Jersey · Jul 28, 1995

. *372 Plaintiffs must establish by a preponderance of the evidence that an expert is qualified and that the expert’s testimony is admissible. Daubert, — U.S. at - n. 10, 113 S.Ct. at 2796 n. 10 (citing Bourjaily v. … “A cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists.” Ferebee v.

Mineur v. Commissioner

246 N.J. Super. 109 · New Jersey Superior Court Appellate Division · Feb 13, 1991

The amended version was enacted, and it reads: For the purpose of providing moneys necessary to establish the recovery fund in an amount sufficient to meet the requirements of the act, the commissioner shall establish reasonable … We have considered the remaining contentions raised and find that they are clearly without merit. R. 2:ll-3(e)(l)(D). We affirm the adoption of N.J.A.

FILLICHIO v. TOMS RIVER POLICE DEPARTMENT

District Court, D. New Jersey · Nov 30, 2022

For a plaintiff “[t]o establish a claim for intentional infliction of emotional distress, a plaintiff is required to establish: (1) that the defendants acted intentionally or recklessly, both in doing the act and in producing … immunity and that Plaintiff has not demonstrated that the force employed by Officer Colline and Officer Inglis was excessive in violation of the Fourth Amendment.

TOUSSAINT v. SANTOS

District Court, D. New Jersey · Aug 3, 2021

complaint and dismiss the action if it determines that the action (i) is frivolous or malicious, (ii) fails to state a claim upon which relief may be granted, or (iii) seeks monetary relief against a defendant who is immune … To establish a prima face case of discrimination under the ADA, “the plaintiff must show: (1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions of the