Case law

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.

Crow-New Jersey 32 Ltd. Partnership v. Township of Clinton

718 F. Supp. 378 · District Court, D. New Jersey · Jul 28, 1989

floor area and the area of impervious coverage on proposed development, Section 1 of Ordinance # 386-88 provides: If one or more indications of wetlands are present, a wetlands report and delineation shall be prepared by a qualified … While the State of New Jersey clearly has preempted local ordinances that regulate activity affecting freshwater wetlands (N.J.S.A. 13:9B-30), the state has clearly defined those activities in N.J.S.A. 13:9B-3.

BEY v. THE SUPERIOR COURT OF NEW JERSEY

District Court, D. New Jersey · Jun 27, 2023

type of document was misrepresented to her and in what way, fails to identify or describe the document signed by Judge Pedrillo,3 does not allege that she was evicted or the otherwise deprived of her home,4 and does not clearly … Plaintiff bears the burden of establishing “the threshold for the first two ‘most critical’ factors . . . .

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.

United States v. Kramer

913 F. Supp. 848 · District Court, D. New Jersey · Oct 31, 1995

Clearly, double recovery is not permitted — even under CERCLA.” (Id.). … That court noted that “if a particular action qualifies as a ‘removal action’ under the definition contained in *860 CERCLA, the government’s costs are recoverable under the unambiguous language of § 107, regardless of what

BRYANT v. EZRICARE, LLC

District Court, D. New Jersey · Dec 20, 2024

NJPLA’s Immunity Provision Although product sellers are subject to liability under the NJPLA, the Act includes an immunity provision “to rescue persons it categorized as ‘product sellers … ‘Thus, the Court rejects EzriCare’s claim of immunity at this time, IV.

Goss Ex Rel. Goss v. Alloway Township School

790 F. Supp. 2d 221 · District Court, D. New Jersey · Feb 7, 2011

To establish a claim under § 1983, “plaintiff[ ] must show that the defendant, under the color of state law, deprived [him] of a federal constitutional or statutory right.” Miller v. … Here, Defendants' policies at issue clearly would have been made with time for deliberation. Thus, the deliberate indifference standard applies. 6 .

Sciarotta v. Bowen

735 F. Supp. 148 · District Court, D. New Jersey · Aug 9, 1989

The instructions set forth a three-step procedure for prorating a state lump sum award “at an established weekly rate.” The three steps are to be applied in priority order as follows (quoting from POMS, supra): 1. … The disability insurance program is a contributory insurance program clearly designed to prevent need, even though it is not need-based.

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.")

State v. Poinsett

206 N.J. Super. 307 · New Jersey Superior Court Appellate Division · Dec 12, 1984

[Citations omitted] In order for such an abuse of discretion to rise to the level of "patent and gross," it must further be shown that the prosecutorial error complained of will clearly subvert the goals underlying Pretrial … If it were, the Director's consent would not be a requirement established by Rule and statute. The Prosecutor must acknowledge and consider the Director's consent and set forth the reasons that make it unacceptable.

State v. Davis

244 N.J. Super. 180 · New Jersey Superior Court Appellate Division · Oct 25, 1990

In support of this recommendation, the Coordinator stated: I feel he is a well motivated and qualified candidate for admittance into the Cape May County Pre-Trial Intervention program. Mr. … R. 3:28, Guideline 6, establishes procedures for PTI applications and appeals. See also N.J.S.A. 2C:43-12(f).

Wilson Coalition v. Mayor of Summit

245 N.J. Super. 616 · New Jersey Superior Court Appellate Division · Nov 29, 1990

Each of the agencies involved here is so qualified. The Summit Child Care Center, Inc., incorporated in 1955, is licensed by the New Jersey Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq. … Public nursery schools can be established by a board of education in any school under its control, pursuant to N.J.S.A. 18A:44-1.

Dale v. Boy Scouts of America & Monmouth Council

160 N.J. 562 · Supreme Court of New Jersey · Aug 4, 1999

Once an adult member is approved, that person is also qualified to be a leader. … Such a result is clearly inconsistent with the remedial purposes of the LAD.

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 .

Jolley v. Marquess

393 N.J. Super. 255 · New Jersey Superior Court Appellate Division · May 25, 2007

Neither AIIC nor Gorna was included in the list of clients that Marquess took with him when he established his new firm on May 1, 2000. … When the complaint and the language of the policy correspond, the insurer clearly must defend the suit. SL Indus. v. Am. Motorists Ins. Co., 128 N.J. 188, 197 , 607 A. 2d 1266 (1992).

New Jersey State (Division of State Police) v. New Jersey State Trooper Captains Association

441 N.J. Super. 55 · New Jersey Superior Court Appellate Division · Jun 8, 2015

PERC erred by employing a "two-pronged test" requiring that captains both function at or above the level of assistant commissioner and also formulate management policies and practices to qualify … spoken it is the privilege of that body to establish public policy, and the [J]udiciary must not ignore the policy thus established on the ground that its views differ with those

Reichhold, Inc. v. United States Metals Refining Co.

655 F. Supp. 2d 400 · District Court, D. New Jersey · Jun 22, 2009

To qualify each for reopening Reichhold must, at the outset, establish that its implementation resulted in out-of-pocket increased costs to Reichhold of $200,000 or more, over and above the out-of-pocket costs that Reichhold … That clearly was not what happened.

In Re Brady

361 B.R. 765 · United States Bankruptcy Court, D. New Jersey · Feb 13, 2007

While the legislative history does contain “clearly expressed legislative intent” to identify debtors who can afford to repay their debts, and to compel them to do so, Congress established very clearly the fixed formulas … However, once established for the debtors, the applicable commitment period must then be read in the context of section 1325(b)(1)(B), as discussed above.

Bi-County Dev. of Clinton, Inc. v. Borough of High Bridge

341 N.J. Super. 229 · New Jersey Superior Court Appellate Division · Jun 18, 2001

The trial court concluded that because Bi-County is contributing to Clinton's affordable housing fund in lieu of constructing housing that would be affordable to lower income families, "it qualifies as an inclusionary development … Clearly, a development of single family houses sold at market rates is not a development "in which a substantial percentage of the housing units are provided for" or "contain[ ]" low and moderate income units.

Coalition for Quality Health Care v. DEPT. OF BANKING & INS.

348 N.J. Super. 272 · New Jersey Superior Court Appellate Division · Mar 4, 2002

Thus, AICRA clearly authorizes the imposition of copayments. … For example, a DRP must be either: an attorney with at least ten years' experience handling personal injury or workers' compensation cases, a former judge, or an individual qualified by education and with at least ten years