Case law

DEPT. OF LABOR & INDUSTRY v. Union Paving & Constr. Co.

168 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Apr 12, 1979

which such contractor or subcontractor has an interest until 3 years have elapsed from the date of listing as determined in section 14 of this act. [1] [L. 1963, c. 150, § 14] Facially these provisions, which lack such qualifying … As a matter of fact, he found that "petitioner's repeated disregard of the interests of its employees, as shown by its payment of less than the required wage on six public projects, clearly does not evidence a good faith

In the Matter of the Estate of R.S.

New Jersey Superior Court Appellate Division · Oct 31, 2024

Defendant contends that the court erred in finding that he had not established that he was legally adopted by decedent. … These Russian documents clearly establish that Russia had jurisdiction to address defendant's legal relationship with his birth parent and subsequent adoption by decedent and L.G.

Southern New Jersey Newspapers, Inc. v. Township of Mt. Laurel

141 N.J. 56 · Supreme Court of New Jersey · Jul 19, 1995

Under the common law, as a threshold condition for access to public records, a citizen must establish an interest in the subject matter of the material that he or she is seeking. … Unquestionably, the proper issuance of firearm licenses only to persons qualified to receive them is a matter of fundamental public concern.

PALLIPURATH v. NEW JERSEY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Jul 31, 2023

However, the basis for each claim is not clearly alleged, and it appears that some of the claims overlap. … Notwithstanding these principles, a plaintiff may establish a supervisor or policymaker’s liability under § 1983 by showing: (1) an establishment of policies, practices, or customs that directly caused the constitutional

TAMAGNINI

District Court, D. New Jersey · Dec 2, 2025

Section 9 of the FAA establishes the process by which parties may seek to have a court confirm and enforce an arbitration award. 9 U.S.C. § 9. … The NSA clearly lacks any language that would create a cause of action or right to have an IDR award confirmed by this Court.

Chelsea-Wheeler Coal Co. v. Marvin

131 N.J. Eq. 76 · New Jersey Superior Court Appellate Division · Jan 20, 1942

Marvin qualified as executrix under the will of her father; that at the time of his death he was indebted to complainant, as well as to others; that Mrs. … From what has been said, it clearly appears that we are not dealing with a situation wherein a trust has been created.

DeSoto v. Smith

383 N.J. Super. 384 · New Jersey Superior Court Appellate Division · Mar 1, 2006

A "[c]ourt will invalidate a statute only if it is clearly repugnant to the Constitution." GMC v. City of Linden, 150 N.J. 522, 532 , 696 A. 2d 683 (1997). … otherwise provided by law, if a vacancy occurs in the office of mayor, by reason of death, resignation or otherwise, the presiding officer of the governing body shall become the acting mayor until a successor is elected and qualified

United States v. Compaction Systems Corp.

88 F. Supp. 2d 339 · District Court, D. New Jersey · Feb 1, 2000

Therefore, the Court held that liability was not established. … “Clearly, section 113 is available to consent decree signatories. ...” New Castle, 111 F.3d at 1123 .

Mylan Pharmaceuticals, Inc. v. Teva Pharmaceuticals Industries, Ltd., et al.

District Court, D. New Jersey · Apr 13, 2026

activity to lose its cloak of immunity.” … In both AbbVie and Wellbutrin, the Third Circuit has clearly and unequivocally declined to apply the “serial petitioning” standard to Hatch-Waxman conduct.

State v. James J. Revie (072600)

220 N.J. 126 · Supreme Court of New Jersey · Dec 17, 2014

Given the passage of only two years between his second and third convictions, the Burroughs defendant was clearly ineligible for a second “step-down” when he was convicted of a third DWI. Ibid. In State v. … The Court observed, however, that apart from an “increase [in] a defendant’s loss of liberty, there is no constitutional impediment to the use of the prior uncounseled DWI conviction to establish repeat-offender status

MIRIAM L. CHICAS VS. TOWN OF KEARNY JOSE A. MARTINEZ VS. TOWN OF KEARNY (L-2516-15 AND L-4785-15, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 10, 2019

The burden of proof rests on the public entity to establish immunity. Caicedo, 439 N.J. Super. at 623 (quoting Kain, 436 N.J. Super. at 473). … "An error is harmful only where that error is 'clearly capable of producing an unjust result.'" Ibid. (quoting R. 2:10-2).

Leonor Alcantara v. Angelica Allen-Mcmillan

New Jersey Superior Court Appellate Division · Sep 8, 2025

express or implied legislative policies—i.e. the law; (2) whether the record contains substantial evidence to support the agency's findings; and (3) whether the agency clearly … Indeed, the vast record shows Lakewood has received all the SFRA funding that it has qualified for.

In Re Issuance of Access Con. Lot

417 N.J. Super. 115 · New Jersey Superior Court Appellate Division · Dec 9, 2010

The APA establishes two different types of procedural rights in a permit decision, depending on the nature of a party's interest. … In this case, the neighboring homeowners clearly were "interested persons" and had a right to protest the issuance of a permit to fill wetlands on [the applicant's] property. [ 185 N.J. at 463 , 888 A. 2d 441 .]

State v. Two Thousand Two Hundred Ninety-Three Dollars ($2,293) in United States Currency

436 N.J. Super. 497 · New Jersey Superior Court Appellate Division · Apr 24, 2014

The judge examined the documents, entered them into evidence, and concluded they showed “clearly that the drugs and the money were related to each other.” … The order is clearly interlocutory because it only denied Baker’s motion and did not enter final judgment in favor of the State.

Schuylkill Stone Corp. v. State Automobile Mutual Insurance

735 F. Supp. 2d 150 · District Court, D. New Jersey · Aug 17, 2010

Contractual claims of poor workmanship [do] not constitute the active malfunction needed to establish coverage under the policy. … The alleged damage in this case does not result from Schuylkill’s alleged failure to live-up to standards for which it bargained and established itself.

Maddox v. City of Newark

50 F. Supp. 3d 606 · District Court, D. New Jersey · Sep 26, 2014

Some of these, such as the alleged duty to evaluate fairly her “ability and merit,” or her length of service, are clearly within the scope of the CBA. … Because I find that Maddox has not provided sufficient evidentiary support for her constitutional claims, I do not reach the Newark Defendants' qualified immunity argument, or the issue of the City’s municipal liability for

Galbraith v. Lenape Regional High School District

964 F. Supp. 889 · District Court, D. New Jersey · May 16, 1997

Therefore, if: the court in the first action would clearly not have had jurisdiction to entertain the omitted theory or ground (or, having jurisdiction, would clearly have declined to exercise it as a matter of discretion … In order to prevail on these claims, a plaintiff must show that: (1) she is a member of a protected class; (2) she was qualified for the position which she sought; and (3) the employer continued to seek to fill the position

Cataldo v. Moses

361 F. Supp. 2d 420 · District Court, D. New Jersey · Nov 3, 2004

Thus, a magistrate judge’s adjudication of a non-dispositive motion will be set aside only if the order is found to be clearly erroneous or contrary to law. Cipollone v. … Dept. of Conservation & Economic Development, 55 N.J. 534 , 264 A.2d 34 (1970), "which abrogated total governmental immunity from tort liability.” Fuchilla v. Layman, 109 N.J. 319, 335 , 537 A.2d 652 (1988).

Afran v. McGreevey

336 F. Supp. 2d 404 · District Court, D. New Jersey · Sep 15, 2004

The state of being destitute of an incumbent, or a proper or legally qualified officer. … As he stated in his speech, he clearly intends to hold office until November 15, 2004.

County of Hudson v. Janiszewski

520 F. Supp. 2d 631 · District Court, D. New Jersey · Nov 5, 2007

In so presenting, the non-moving party must offer specific facts that establish a genuine issue of material fact, not just “some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. … “To establish a section 1983 civil rights claim, a plaintiff must demonstrate that the conduct complained of was committed by a person acting under state law and that the conduct deprived him of rights, privileges or immunities