Case law

Schweizer v. Elox Division of Colt Industries

133 N.J. Super. 297 · New Jersey Superior Court Appellate Division · Feb 25, 1975

Under the law of this State certain basic principles are firmly established. … In the absence of express terms to the contrary, these provisions must be deemed to be qualified by Civil Code, section 3517 which provides that "No one can take advantage of his own wrong."

Ohrel v. Continental Cas. Co.

138 N.J. Super. 170 · New Jersey Superior Court Appellate Division · Dec 18, 1975

commencing within 30 days of the date of the accident, the Insured is totally and permanently disabled and prevented from engaging in each and every occupation or employment for compensation or profit for which he is reasonably qualified … Ordinarily the subject matter of insurance must be clearly specified so as to make its identification certain. 43 Am. Jur. 2d, Insurance, § 323 at 383.

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

State v. Rechtschaffer

70 N.J. 395 · Supreme Court of New Jersey · Jun 14, 1976

It reaches this decision by characterizing the testimony of Agent Dempsey as being clearly relevant because it indicated “consciousness of guilt, or [was] inconsistent with innocence or tend[ed] to establish intent.” … charge, the *430 failure of the judge to declare a mistrial as to both offenses was clearly error.

Abel Holding Co. v. American Dist. Telegraph Co.

138 N.J. Super. 137 · New Jersey Superior Court Appellate Division · Dec 10, 1975

In that case, because the exculpatory clause in a commercial lease did not clearly advert to landlord's negligence and there was no indication elsewhere in the lease of an understanding to immunize it from liability for its … Henley, 48 N.J. 483 (1967), upheld such an agreement in substantially the same factual setting established in this case.

State v. Fausto Camacho (072525)

218 N.J. 533 · Supreme Court of New Jersey · Aug 5, 2014

A defendant’s ability to invoke the privilege at trial -- generally by opting not to testify -- reflects the well-established principle that the State is “constitutionally compelled to establish guilt by evidence independently … Therefore, we may reverse only if the unchallenged error was “clearly capable of producing an unjust result.” R. 2:10-2.

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.

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.

In re the Adoption of Amendments To N.J.A.C. 6:28-2.10

305 N.J. Super. 389 · New Jersey Superior Court Appellate Division · Nov 13, 1997

expressed concern that the federal terms “assistive technology devices” and “assistive technology services” were not specifically identified as items the local school districts would be required to consider and to provide to qualified … All four plans establish an agreement in the nature of a contract between the public agency and the individual with a disability regarding services and equipment to be provided. [H.R. Rep.

In Re Karcher

190 N.J. Super. 197 · New Jersey Superior Court Appellate Division · May 11, 1983

We disagree; the tax revenues are clearly state funds. … That court noted that all appropriations are qualified to a degree. Id. at 710 .

Homa v. American Express Co.

496 F. Supp. 2d 440 · District Court, D. New Jersey · May 31, 2007

Indeed, Utah law “enables parties to freely contract, establishing terms and allocating risks between them ... … Cash Advance of Ga., LLC, 400 F.3d 868, 878 (11th Cir.2005) ("[Precluding class action relief will not have the practical effect of immunizing [defendants].

Saldana v. Michael Weinig, Inc.

337 N.J. Super. 35 · New Jersey Superior Court Appellate Division · Jan 31, 2001

The authentication of a photograph requires verification by a qualified individual, one who has made personal observations, thereby establishing that the conditions reproduced existed at the time of the accident. Ibid. … Here, plaintiff clearly advanced his position that the photograph should be admitted without depicting the warning sticker.

Lithuanian Commerce Corp. v. Sara Lee Hosiery

179 F.R.D. 450 · District Court, D. New Jersey · Jun 29, 1998

In order to “establish! … court where the pre-trial order “did not clearly frame” the claims but “include[d] sufficient references” to them).

G.D.M. v. Board of Education

427 N.J. Super. 246 · New Jersey Superior Court Appellate Division · Jul 24, 2012

Although N.J.A.C. 6A:16-7.1(a) authorizes local boards to establish standax’ds for conduct away from school grounds, the regulation qualifies this grant of authority by limiting it to situations where it is “appropriate” … The Act clearly reaffirms the requirement of the nexus articulated by the court in R. R.

Student Public Interest Research Group of New Jersey, Inc. v. P.D. Oil & Chemical Storage, Inc.

627 F. Supp. 1074 · District Court, D. New Jersey · Jan 13, 1986

Instead, defendant broadly asserts that all of its permit violations qualify as upsets. EPA’s regulations do not permit this type of blanket defense. … It reflects the regulatory structure established by the Act.

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.

D.M. v. Terhune

67 F. Supp. 2d 401 · District Court, D. New Jersey · Jul 30, 1999

The fourth Girsh factor concerns the risks of establishing liability. The Plaintiffs acknowledge that there are significant risks in establishing liability. … Finally, it provides for a qualified mental health expert to ensure compliance.

SUKETU H. NANAVATI, M.D. VS. CAPE REGIONAL MEDICAL CENTER SUKETU H. NANAVATI, M.D. VS. CAPE REGIONAL HEALTH SYSTEMS, D/B/A CAPE REGIONAL MEDICAL CENTER (C-000078-16 AND L-4126-17, CAPE MAY COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · May 19, 2020

. §§ 11111(a)(2) and 11151(9), immunized defendants from any action taken adverse to Nanavati. … In deciding whether to grant a request for adjournment, a court assesses a number of well-established factors. See State v. Hayes, 205 N.J. 522, 538 (2011).

MENDEZ VALLEJO v. United States

District Court, D. New Jersey · May 27, 2021

The Westfall Act provides absolute immunity to federal employees in the wake of Westfall v. … This certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal. 28 U.S.C. § 2679(d)(2).

STATE OF NEW JERSEY VS. CARLIA M. BRADY (15-05-0240, SOMERSET COUNTY AND STATEWIDE) (CONSOLIDATED)(RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Sep 11, 2017

However, in Deegan, the defendants' duties, although not expressed in a statute, were the very duties of the position, i.e., approving the award of disability pensions to only qualified candidates. … they are clearly inherent in the nature of the office.")