Case law

DiOrio v. New Jersey Manufacturers Insurance

63 N.J. 597 · Supreme Court of New Jersey · Dec 4, 1973

This Court specifically held that the automobile was furnished for the regular use of Tomiko Lynch and that therefore it did not qualify for coverage under the “non-owned automobile” clause, and that therefore Tomiko’s father … It having been clearly established to my satisfaction that the DeSoto was furnished for the regular use of the father, Generoso DiOrio, I would not reach the question as to whether it was also furnished for the regular use

A.D. v. Essex County Department of Family Services

New Jersey Superior Court Appellate Division · May 5, 2025

Assistance & Health Servs., Medicaid Commc'n No. 14-15, Qualified Income Trust (2014). … It follows that a QIT should have been in place for petitioner to qualify for Medicaid.

Moore v. DeBiase

766 F. Supp. 1311 · District Court, D. New Jersey · Jun 20, 1991

The amendment would ... retain the opportunity for removal in the one situation in which it seems clearly desirable. … The amended provision [of § 1441(c) ] would establish a basis for removal that would avoid the need to decide whether there is pendent jurisdiction.”

State v. Harold

183 N.J. Super. 485 · New Jersey Superior Court Appellate Division · Mar 26, 1982

The trial judge found her qualified to testify and she identified defendant as the person who entered her bedroom window and sexually attacked her. … Clearly the judge made no such ruling.

Moore v. Central Railroad

24 N.J.L. 268 · Supreme Court of New Jersey · Feb 15, 1854

Ganett (a common carrier by water, who had deviated from his course), 6 Bingham 716, “that no wrongdoer can be allowed to apportion or qualify his own wrong.” … Upon the same principle, no plaintiff chargeable with carelessness and negligence can be permitted to apportion or qualify his own culpability,'and to say the accident might have happened if he had been blameless.

In re Winston

438 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Oct 31, 2014

Both of Winston’s New York convictions qualify as crimes under our law as each carries a sentence in excess of six months. N.J.S.A 2C:44-4c; State (E.L.) v. … A review of these New York authorities plainly establishes that a New York certificate of relief from disabilities does not alter or affect the criminal conviction to which it relates.

RIOS v. CITY OF PERTH AMBOY, NEW JERSEY

District Court, D. New Jersey · Jul 31, 2020

To establish a prima facie case, Plaintiff must show she (1) “belongs to a protected class; (2) []she was qualified for the position; (3) []she was subject to an adverse employment action 5 Plaintiff’s § 1983 claims appear … (See D.E. 1 ¶¶ 118-25.)17 To establish a § 1983 claim for discrimination, “the complaint must allege facts that would establish that the plaintiff is ‘(1) a member of a protected class; (2) similarly situated to members

O.T. Ex Rel. Turton v. Frenchtown Elementary School District Board of Education

465 F. Supp. 2d 369 · District Court, D. New Jersey · Dec 11, 2006

Instead, the record clearly shows that the performance was open to the entire Frenchtown community. … regulation, custom, or usage, of any State or Territory ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

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 .

Candace A. Moschella v. Hackensack Meridian Jersey Shore University Medical Center

Supreme Court of New Jersey · Jul 11, 2024

doctor who had been named in the complaint, but it concluded that the plaintiff had nevertheless substantially complied with the AOM statute because the doctor “was timely served with an affidavit and . . . report that clearly … To establish vicarious liability, a plaintiff must demonstrate an employment relationship and that the alleged tort occurred in the scope of that employment. Carter v. Reynolds, 175 N.J. 402, 408-09 (2003).

State v. Lucas

30 N.J. 37 · Supreme Court of New Jersey · Jun 1, 1959

He declared for the court: “In the first place, however, it becomes material to a correct understanding- of the subject, to settle what is meant by the qualifi *55 cation, ‘corroborating,’ annexed to the term ‘circumstances … Request number 34 was framed in the familiar M’Naghten terminology: “To establish a defense on the grounds of insanity, it must be clearly proven that, at the time of the committing of the act, the party accused was laboring

DOBSON v. WARDEN

District Court, D. New Jersey · May 19, 2020

“The burden is on the ‘next friend’ clearly to establish the propriety of [her] status and thereby justify the jurisdiction of the court.” Id. at 164. … Dobson is able to retain representation and establish that Mr.

Jeffrey S. Feld, Esq. v. the Township of Millburn

New Jersey Superior Court Appellate Division · Aug 28, 2025

Municipal ordinances are presumed valid, and the presumption of validity may not be overcome unless the ordinance is "clearly arbitrary, capricious or unreasonable." Berardo v. City of Jersey City, 476 N.J. … The record unequivocally established plaintiff spoke at both meetings.

Estate of Booth v. Director, Division of Taxation

27 N.J. Tax 600 · New Jersey Tax Court · Feb 11, 2014

The Agreement noted that the trust was intended to be qualified as a Qualified Terminable Interest Property (“QTIP”). … This last document included language that the “Trust is intended to qualify” as a QTIP under I.R.C. § 2056(b)(7) so as to qualify for marital deduction.

Matter of Controlled Cable Corp.

95 N.J. 473 · Supreme Court of New Jersey · Mar 13, 1984

It does not suggest clearly that the failure to inform the City Council of the precise agreement resulted in a lack of information regarding Controlled’s financial capacity and the source of its funds. … The structure of the Act and present regulations also suggests a qualified municipal role in evaluating financial capacity.

State of New Jersey v. Mark C. Sheppard

437 N.J. Super. 171 · New Jersey Superior Court Appellate Division · Sep 3, 2014

s testimony unless he found "the prejudice clearly outweighs the motivational evidence or motive evidence." … the court did not apply the correct standard when it made its admissibility determination under the fourth prong.5 5 We note that defendant's anti-Hispanic statements to J.M. do not qualify

Monaco v. Hartz Mountain Corp.

178 N.J. 401 · Supreme Court of New Jersey · Feb 9, 2004

that the critical element should not be the question of the proprietor’s control over the area to be traversed but rather the expectation of the invitee that safe passage will be afforded from the parking facility to the establishment … Certainly, no immunity could attach if he had that knowledge and made no effort, consistent with municipal allocation of responsibility, to effect a repair. [ Learn, supra, 245 N.J.Super. at 584 , 586 A.2d 327 ; see also,

Centex Homes of New Jersey, Inc. v. Director, Division of Taxation

10 N.J. Tax 473 · New Jersey Tax Court · Jun 29, 1989

The Director did not permit indirect or equitable ownership of a subsidiary by a taxpayer corporation through another corporation, which the taxpayer directly owns or controls, to qualify for the 80% ownership test. … Plaintiff’s claim in this regard is clearly without substance.

KIRKLAND v. STATE

District Court, D. New Jersey · Apr 5, 2023

P. 12(b)(6) and/or dismiss any defendant who is immune from suit. See 28 U.S.C. §§ 1915(e)(2)(B)(ii)- (iii). … IFP Application Plaintiff qualifies for permission to proceed IFP.

Krzewinski v. Kugler

338 F. Supp. 492 · District Court, D. New Jersey · Feb 4, 1972

Whatever this Court’s attitude might be, urban communities clearly choose to put firemen and police in the same class. … But until that application is made, the controversy over N.J.S.A. 40:47-3 is clearly not ripe for adjudication.