Case law

Lusitania Savings Bank, FSB v. Progressive Casualty Insurance

328 F. Supp. 2d 514 · District Court, D. New Jersey · Jul 30, 2004

As Leuzzi’s own signature is reflected on the back of the Check, it is clearly a part of the endorsement and falls under the exception to the forgery definition. … Therefore, the Court concludes that this does not qualify as “forgery” under the Bond.

Evens v. Griscom

42 N.J.L. 579 · Supreme Court of New Jersey · Nov 15, 1880

B. 181, all rest upon peculiar circumstances, and are therefore not qualified to be exemplifications of any general principle. I cannot rsee that either of them is anywise in point. The case of Drew v. … I think these cases were correctly decided, and that the foundation on which they rest is thoroughly established.

In Re: Petition for Referendum to Repeal Ordinance 2354-12 of the Tp. of West Orange(073069)

223 N.J. 589 · Supreme Court of New Jersey · Dec 21, 2015

particular, plaintiffs claimed that the Local Redevelopment and Housing Law 5 did not exempt this bond ordinance from a referendum and that the petition contained a sufficient number of qualifying … We begin by noting that West Orange Ordinance 2354-12 clearly provides for the issuance of redevelopment bonds pursuant to the Local Redevelopment and Housing Law and related Local Bond Law.

In the Matter of Paul Williams, Township of Lakewood

443 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jan 25, 2016

Established precedents guide our task on appeal. Our scope of review of an administrative agency's final determination is limited. In re Herrmann, 192 N.J. 19, 27 (2007). … Thus, this order clearly violated 42 U.S.C.A. § 12112(d)(4)(A).

Bristol-Myers Squibb Co. v. Boehringer Ingelheim Corp.

86 F. Supp. 2d 433 · District Court, D. New Jersey · Mar 2, 2000

Summary Judgment Standard Patent cases are not immune to summary judgment motions. … Bristol clearly stated that by the earlyl990s, premedication of taxol recipients in order to reduce HSRs was “conventional.” This statement was not qualified by expected infusion duration.

IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC. (NEW JERSEY DEPARTMENT OF HEALTH) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Nov 25, 2020

N.J.S.A. 24:6I-2(e).1 To qualify, a patient must suffer from one of the enumerated conditions or from any condition the Department establishes as debilitating. N.J.S.A. 24:6I-3. … This includes establishing a registry of qualified patients and issuing permits for the operation of Alternative Treatment Centers (ATCs). N.J.S.A. 24:6I-4; N.J.S.A. 24:6I-7.1; Natural Med., 428 N.J.

IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC. (NEW JERSEY DEPARTMENT OF HEALTH) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Nov 25, 2020

N.J.S.A. 24:6I-2(e).1 To qualify, a patient must suffer from one of the enumerated conditions or from any condition the Department establishes as debilitating. N.J.S.A. 24:6I-3. … This includes establishing a registry of qualified patients and issuing permits for the operation of Alternative Treatment Centers (ATCs). N.J.S.A. 24:6I-4; N.J.S.A. 24:6I-7.1; Natural Med., 428 N.J.

BUSSINELLI v. TOWNSHIP OF MAHWAH

District Court, D. New Jersey · Apr 15, 2025

Count Three alleged that Defendants conspired against Plaintiffs to deprive them of their privileges and immunities in violation of 42 U.S.C. § 1985. (Id. ¶ 186.) … Any public or false statement that would qualify as a stigma to their reputation is absent from the Amended Complaint. (See Opp. at 35-37.)

State v. Carroll

242 N.J. Super. 549 · New Jersey Superior Court Appellate Division · Jul 23, 1990

This argument is clearly without merit and does not require extended discussion. R. 2:11-3(e)(2). … The record clearly indicates that defendant initiated the discussions with the F.B.I. agents leading to his inculpatory statement.

OAKLYN VILLAS URBAN RENEWAL LLC v. BOROUGH OF OAKLYN

District Court, D. New Jersey · Dec 24, 2023

Plaintiffs argue further that “Defendants and the Borough worked together to delay, complicate, and prevent the proposed sale of Oaklyn Manor to a qualified buyer.” … the United States, or any substantive rights, privileged or immunities secured by the Constitution or laws of this State, or whose exercise or enjoyment of those substantive rights, privileges or immunities has been

BROWN v. QUINN

District Court, D. New Jersey · Dec 27, 2022

accompanying claim of false imprisonment under the Fourth Amendment, “a plaintiff must establish: (1) that [he] was detained; and (2) that the detention was unlawful.” Id. at 682–83. … Finally, as the Court intends to dismiss the Complaint, the Court declines to decide Defendant Quinn’s qualified immunity claims. IV.

State v. J.Q.

252 N.J. Super. 11 · New Jersey Superior Court Appellate Division · Nov 14, 1991

The issue is whether the evidence, although not established at trial to be so, was, in fact, reliable. … Absent a question of capacity, an expert is no better qualified than a lay person to assess the credibility of a witness. See Biro v. Prudential Ins.

Serrano v. Serrano

183 N.J. 508 · Supreme Court of New Jersey · Jun 14, 2005

We recognized that, generally, the plain language of a clearly written statute is the best indicator of legislative intent. Id. at 492 , 874 A.2d at 1048 . … In addition to the new threshold, AICRA created a new, less expensive basic insurance policy, a new dispute resolution procedure, and established an Insurance Fraud Prosecutor.

Hunterdon Med. v. Readington Tp.

416 N.J. Super. 127 · New Jersey Superior Court Appellate Division · Aug 31, 2010

As a consequence of his analysis, the judge again found that HMC had failed to meet its burden of establishing that the PT Service qualified for a tax exemption pursuant to N.J.S.A. 54:4-3.6. This appeal followed. III. … It did so, initially providing both in-patient and out-patient services that clearly fit within the hospital's core purposes.

State v. Lazarchick

314 N.J. Super. 500 · New Jersey Superior Court Appellate Division · Sep 3, 1998

Defendant points out that the interim procedure established in Storm was not followed in the present case. … It is of a piece with their authority to establish policies governing the conduct of the law enforcement function, and to decide who qualifies for employment therein and when disqualification standards ought to be applied

NeoRx Corp. v. Immunomedics, Inc.

877 F. Supp. 202 · District Court, D. New Jersey · Mar 31, 1994

Genentech, Inc., 666 F.Supp. 1379,1396 (N.D.Cal.1987) (interpreting the statute as immunizing “any use of a patented invention so long as some aspect of that use is reasonably related to FDA testing” would defy “the plain … PX 90 does not clearly indicate an intent or plan to defraud the FDA.

SEA ISLE CITY BD. OF EDUC. v. Kennedy

196 N.J. 1 · Supreme Court of New Jersey · Jul 21, 2008

The panel viewed the two statutes as operating “in separate spheres,” id. at 106 , 922 A.2d 805 , and concluded that the exemption found in N.J.S.A 18A:12-24(j) comes into operation for those board members who remain qualified … The Legislature also spoke clearly and forcefully in requiring no inconsistent claims as a condition for assuming office as a board member. See N.J.S.A 18A:12-2; N.J.S.A. 18A:12-2.1.

State v. Goodman

415 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Aug 9, 2010

And it's not a decision whether or not I would find that it clearly or convincingly establishes motive beyond a reasonable doubt. I don't think that that's a decision that I can come to. … The evidence at issue, the letter and the statement, was clearly relevant to demonstrate consciousness of guilt.

CHERI LANE VS. CITY OF CAMDEN (L-3958-15, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 5, 2019

A-0556-17T1 6  The district court found the individual defendants were entitled to qualified immunity, shielding them from "liability for civil damages," see also Pearson v. … immunity related to the alleged use of force resulting in Albert's death.

VINELAND CONSTRUCTION CO., INC. v. Township of Pennsauken

395 N.J. Super. 230 · New Jersey Superior Court Appellate Division · Jul 27, 2007

Plaintiff also argues that critical factual findings by the trial court were clearly erroneous. We reject these arguments. … N.J.S.A. 40A:12A-8(c) clearly establishes a statutory limitation on the right of eminent domain in New Jersey, by requiring that before land can be acquired by condemnation that the condemning authority demonstrate that it