Case law

QASSIS

District Court, D. New Jersey · Nov 10, 2025

Not only does the NJTCA “consistently use[] the singular” when describing the notice claim, the Court reasoned, but “the Legislature [also] clearly intended that there be one identifiable date—not a series of dates—on … Plaintiffs have not established that there is a genuine issue of material fact as to their substantive due process claim.

Torres v. Kuzniasz

936 F. Supp. 1201 · District Court, D. New Jersey · Aug 20, 1996

The federal “law enforcement” privilege, sometimes referred to as an “executive” privilege or “official information” privilege, is a qualified privilege designed to prevent the disclosure of information that would be contrary … Rather, they must clearly demonstrate to the court how the balance of the Frankenhauser factors weighs in favor of protection for each document.

DEBENEDETTO v. LACEY TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · Mar 29, 2022

DeBenedetto retorts that circuit law clearly establishes that schools cannot regulate off-campus speech and that the Amended Complaint sufficiently alleges a Monell claim. … In Tinker, the U.S, Supreme Court held that a high school could not discipline students wearing black * Neither the Lacey Defendants nor Ocean invokes a qualified-immunity defense.

People Express Airlines, Inc. v. Consolidated Rail Corp.

100 N.J. 246 · Supreme Court of New Jersey · Jul 26, 1985

Penn Central Corp., 87 N.J. 437 (1981) (railroad immunity act’s imputation of contributory negligence to minor injured while playing on railroad did not constitute absolute bar to recovery but was to be construed as a common … The traditional test of negligence is what a reasonably prudent person would foresee and do in the circumstances; duty is clearly defined by knowledge of the risk of harm or the reasonable apprehension of that risk.

See v. Heppenheimer

69 N.J. Eq. 36 · New Jersey Court of Chancery · Apr 3, 1905

think, admitting the directors to have been competent under our statute to act as such in making the contract with Stein, yet, under all the circumstances, the fact that they had not paid one cent for their stock; that the qualifying … But if this remedy were granted the result, as clearly shown in complainant's argument, would be substantially the same.

Tofani v. Lo Biondo Brothers Motor Express, Inc.

83 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Apr 22, 1964

Lessor to maintain and keep equipment in good repair and provide gas, oil, tires and other necessary equipment and furnish a competent and qualified driver and helper(s) if necessary and compensate such driver and helper( … A truck owner picking up laundry for a cleaning establishment and delivering it when ready was held an employee on the unexpressed conviction that picking up and delivery were a normal part of the business.

THE ESTATE OF EDWARD C. GANDY, JR. v. CITY OF MILLVILLE

District Court, D. New Jersey · Aug 28, 2023

New Jersey Charitable Immunity Act The New Jersey Charitable Immunity Act (“NJCIA”) limits the negligence liability of nonprofit hospitals to $250,000. N.J. STAT ANN. § 2A:53A-8. … However, Plaintiffs do not clearly identify the basis for these claims and instead leave this Court to divine their meaning.

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.

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.

E.B. v. Division of Medical Assistance & Health Services

431 N.J. Super. 183 · New Jersey Superior Court Appellate Division · Jun 5, 2013

with the policy and procedures so established. … generally and uniformly to all similarly situated persons; (3) is designed to operate only on future cases, that is, prospectively; (4) prescribes a legal standard or directive that is not otherwise expressly provided by or clearly

State v. Damon Williams

Supreme Court of New Jersey · Jan 19, 2021

So, that is clearly -- The Court: Is that what was on there? Prosecutor: No. .... … To establish theft, on the other hand, the State need establish only that defendant exercised unlawful control over the movable property of another -- the bank’s money. N.J.S.A. 2C:20-3.

White v. Williams

208 F.R.D. 123 · District Court, D. New Jersey · Jun 10, 2002

Predominance To establish predominance, Plaintiffs must establish “that questions of law or fact common to the members of the class predominate over any questions affecting only individual members.” … Finally, the proposed class counsel are all qualified and experienced with class action litigation and it *131 does not appear that any of the named Plaintiffs have interests that are antagonistic to other class members.

State v. Sims

65 N.J. 359 · Supreme Court of New Jersey · Jul 16, 1974

In granting a new trial on this basis-the trial judge was clearly in error. … The record of the trial, once considered immune from collateral attack, Riddle v. Dyche, 262 U. S. 333, 336 , 43 S. Ct. 555 , 67 L.

The State of New Jersey Ex Rel. Health Choice Group, LLC v. Bayer Corporation

New Jersey Superior Court Appellate Division · Mar 1, 2024

The court then determined that plaintiffs did not qualify as the original source of the information as required by the NJFC Act. See N.J.S.A. 2A:32C-9(c). … The 2023 amendments to the NJFC Act used language clearly indicating that the Legislature intended the amendments to apply prospectively.

In re IGI Securities Litigation

122 F.R.D. 451 · District Court, D. New Jersey · Jul 21, 1988

II. 23(b)(3) In addition to qualifying under Rule 23(a), a party must satisfy one of the provisions of Rule 23(b). … Second, where "defendants can point to no defense which is clearly dispositive or particular to one small group of plaintiffs ... denial of certification is not required as a matter of law where defendants have particular

Cooley's, Etc., Found. v. Legalized Games, Etc.

78 N.J. Super. 128 · New Jersey Superior Court Appellate Division · Jan 28, 1963

The Foundation had duly qualified as a charitable organization for a license to operate weekly bingo games at Passaic Auditorium, Passaic, N.J., for the period October 25, 1960 through February 28, 1961. … It was clearly established that these latter figures, unless analyzed, were not relevant to contradict the averages established by Valentine.

Nebraskaland, Inc. v. River Street Idealease, LLC

188 F. Supp. 3d 390 · District Court, D. New Jersey · May 18, 2016

The CPLA was enacted by the New Jersey Legislature in 1995 to “establish[ ] requirements and standards for motor vehicle leases.” General Motors Acceptance Corp. v. … Defendant argues that the parties are free to establish the formula for which they will determine the vehicle’s fair market value. (Defs.’ Reply Br. at 6).

TOLL BROS, INC. v. Tp. of West Windsor

173 N.J. 502 · Supreme Court of New Jersey · Aug 1, 2002

However, the rale recognizes the problems low income households have in qualifying for mortgages, raising a downpayment and paying for closing costs. … The requirements imposed by the court clearly should include low-income housing units affordable to households with incomes below forty percent of median income.

Rendine v. Pantzer

276 N.J. Super. 398 · New Jersey Superior Court Appellate Division · Jul 14, 1994

She alleged that, nevertheless, some two weeks later, defendant replaced her with a less-qualified male. … Again, he felt that "the jury is as well qualified as the Court to determine what is fair and adequate compensation."

County of Monmouth v. Communications Workers of America

300 N.J. Super. 272 · New Jersey Superior Court Appellate Division · Apr 22, 1997

Historical Development Case law interpreting the relevant statutes before the recent amendment to N.J.S.A 34:13A-5.3 states clearly that PERC should not have based its decisions on the distinction between police and non-police … The Protection Act provided enhanced sentences for murderers convicted of killing law enforcement officers but who escaped the death penalty; it amended the New Jersey Tort Claims Act by extending immunities for law *292