Case law

State ex rel. Werts v. Rogers

56 N.J.L. 480 · Supreme Court of New Jersey · Feb 15, 1894

A majority constitutes a quorum in both bodies, and in both there is always more than a quorum of qualified senators holding seats in the body. … If this be established then the body composed of seven .

Warthen v. Toms River Community Mem. Hosp.

199 N.J. Super. 18 · New Jersey Superior Court Appellate Division · Feb 14, 1985

What constitutes a qualifying mandate is a fact question.... [at 157]. … Seldom does a single clause of a statute establish public policy; policy is discovered from study of the whole statute, or even a group of statutes in pari materia. [at 240-241].

West v. Walker

3 N.J. Eq. 279 · New Jersey Court of Chancery · Jul 15, 1835

If the complainant will proceed'at law, and clearly establish his right, and the defendant shall persist in repeated acts of trespass, equity may then interpose to quiet possession and to prevent a multiplicity of suits. … Printing and Dying establishment v. Fitch, 1 Paige, 99 .

Edgewater Park v. Edgewater Park Housing Auth.

187 N.J. Super. 588 · New Jersey Superior Court Appellate Division · Oct 30, 1982

Clearly, it did not matter to the governing body whether the Authority was to operate with six or with seven members. Its intention was to comply with the statutory mandate. … N.J.S.A. 55:14A-6 provides, in part, as follows: *600 All commissioners shall hold office until their successors have been appointed and have qualified.

FOSTER v. JET AVIATION FLIGHT SERVICES, INC.

District Court, D. New Jersey · Feb 19, 2021

Thus, “[i]f a proposed amendment is not clearly futile, then denial of leave to amend is improper.” … Defendants argue that the 7 To state a prima facie claim of age discrimination, a plaintiff must establish: (1) he was over forty at the time in question; (2) he was qualified for the position; (3) adverse action was taken

Don Tiger v. New Jersey Racing Commission

New Jersey Superior Court Appellate Division · Jul 2, 2024

Koch was required to or should have recused himself" on the day of the race. 8 The Executive Director noted "the OAL record d[id] not establish that . . . … [because a]ll material and relevant facts [we]re documented clearly and obviously on the video recordings of the race."

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.

Larison v. City of Trenton

180 F.R.D. 261 · District Court, D. New Jersey · May 5, 1998

If a proposed amendment is not clearly futile, *264 then denial of leave to amend is improper.” Weight et al., supra § 1487, at 637-42. … Since the New Jersey Tort Claims Act provides immunity for acts of actual malice or willful misconduct committed by its employees, the Trenton Police Department cannot be held liable for these acts on the part of its employees

Leon v. Chrysler Motors Corporation

358 F. Supp. 877 · District Court, D. New Jersey · Feb 28, 1973

Annandale Golf Club, 4 Cal.2d 28 , 47 P.2d 470 (1935). 13 The purpose of the PAA and the GIDAA is clearly stated in the by-laws, Article II, Section 2.1, quoted heretofor. … No rules of compensation could well be provided and established for such a contingency.

Lubliner v. Bd. of Alcoholic Bev. Con., Paterson

59 N.J. Super. 419 · New Jersey Superior Court Appellate Division · Feb 4, 1960

No real public need for a license at the new premises has been established. … Administrative agencies are by far the best qualified to develop their own res judicata practices out of intimate acquaintance with their individual problems.

WILCZEK v. BAYWAY REFINING COMPANY

District Court, D. New Jersey · May 25, 2023

(Id. ¶ 26) Brock was responsible for training its employees and ensuring they were qualified. (Austin Dep. … (DSMF ¶ 9) In short, these facts establish that Mr.

Manahawkin v. O'Neill

426 N.J. Super. 143 · New Jersey Superior Court Appellate Division · May 31, 2012

Defendant countered that the language of the Admission Agreement and the Residents Rights form clearly state that a nursing home is not permitted to require a third-party guarantee of payment. … In DiCarlo , the plaintiff patient was indigent, had no health insurance and did not qualify for Medicare or Medicaid.

F.G. v. MacDonell

150 N.J. 550 · Supreme Court of New Jersey · Jul 22, 1997

To do so would establish the tenets of Episcopal religion as the basis for civil liability. … Supp. 321 (S.D.N.Y. 1991), are mistaken if they are read to suggest that the First Amendment immunizes pedophiliac conduct by members of religious bodies.

BARNES

District Court, D. New Jersey · Jun 22, 2026

. § 1915A and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … Furthermore, Plaintiff does not allege facts that would, if proven, clearly show that the four named Defendants were aware of the conditions, had the ability to transfer Plaintiff or correct the conditions, and

In Re Tci 2 Holdings, LLC

428 B.R. 117 · United States Bankruptcy Court, D. New Jersey · Apr 12, 2010

Holders of publicly traded securities of a casino licensee, entity qualifier, subsidiary or holding company, may also be required to qualify as financial sources. … The feasibility factor clearly weighs in favor of the Beal/Icahn Plan.

Abbotts Dairies, Inc. v. Armstrong

14 N.J. 319 · Supreme Court of New Jersey · Jan 18, 1954

There is no such interdiction against sales in excess of prices so established. … It is of the very nature of the power that the adminis *339 trative function be clearly and expressly delineated. It cannot be made to rest upon doubtful or uncertain implication.

Clement v. Consolidated Rail Corp.

130 F.R.D. 530 · District Court, D. New Jersey · Jan 3, 1990

Reichert, 267 Pa.Super. 247 , 406 A.2d 787 (1979), the facts here are clearly distinguishable from those in Cusatis . … However, no competent offer of proof for Clearly’s statement was submitted, no flask was found on decedent or in his vehicle, nor did Mr. Clearly state that decedent carried a flask on the day of his accident. .

Samuel Friedland Foundation v. United States

144 F. Supp. 74 · District Court, D. New Jersey · Aug 24, 1956

or provide scholarships and fellowships for worthy and qualified persons without regard to sex, nationality, race, color or creed.” … or provide medical scholarships and fellowships for worthy and qualified persons without regard to sex, nationality, race, color or creed.

Oberti Ex Rel. Oberti v. Board of Education

789 F. Supp. 1322 · District Court, D. New Jersey · Apr 24, 1992

The IDEA also establishes a preference for mainstreaming. … Additionally, we note that the following year, the School District clearly documented its consideration of alternate placements for Rafael. 14 .

FELDER v. United States

District Court, D. New Jersey · May 13, 2025

The petitioner bears the burden of establishing that counsel’s performance prejudiced the defense. Marshall v. Hendricks, 307 F.3d 36, 89 (3d Cir. 2002). … Under Hightower, Felder clearly qualified as a career offender, and under Third Circuit law, counsel has no obligation to anticipate a change in the law unless it is clearly foreshadowed. See Sistrunk v.