Case law

Mattson v. Aetna Life Insurance

124 F. Supp. 3d 381 · District Court, D. New Jersey · Aug 31, 2015

Second, Defendants assert that the notice letters Rawlings sent Plaintiffs did not violate any clearly established rights at the time the letters were sent. … Finally, Defendants argue that any right they may have violated was surely not “clearly established” at the time.

Williams v. Kenney

379 N.J. Super. 118 · New Jersey Superior Court Appellate Division · Jul 8, 2005

With respect to the transcript of the telephone conversation, the judge noted plaintiff contended only that defendants failed to establish the object they sought to achieve had any logical relation to the Tarver litigation … Rather, the subject of the letter was clearly Tarver's lawsuit against the State.

C.H. v. Department of Children and Families

New Jersey Superior Court Appellate Division · Mar 19, 2026

Qualified immunity is not provided to public employees under certain circumstances as set forth at N.J.S.A. 59:3-14(a), providing public employees are subject to full liability "if it is established that [their] conduct … The record clearly indicates that Dr.

Holman v. Hilton

542 F. Supp. 913 · District Court, D. New Jersey · Jul 9, 1982

If so, how could he recover damages in the face of the well-established doctrine that state officials are entitled to a qualified or “good faith” immunity? See Harlow v. … A state official who acts in a merely negligent fashion lacks, by definition, the state of mind necessary to overcome a qualified immunity defense. Procunier v.

In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing

221 N.J. 1 · Supreme Court of New Jersey · Mar 10, 2015

With regard to immunity, the Four Towns generally urge the Court to adopt the immunity procedure established in earlier pre-FHA litigation and discussed in J.W. Field Co. v. Township of Franklin, 204 N.J. … If a municipality files such an action within that time frame, the Four Towns ask that immunity remain in effect while the trial judge establishes the municipality’s affordable housing obligation and compliance mechanisms

Marshall v. Klebanov

378 N.J. Super. 371 · New Jersey Superior Court Appellate Division · Jun 22, 2005

It has been established that a physician must "safeguard the patient from a reasonably foreseeable self-inflicted injury." Cowan v. … As the emphasized language clearly recognizes, plaintiff's theory of liability is predicated upon defendant's inactions in the face of decedent's "high risk of suicide."

Murray v. Plainfield Rescue Squad

210 N.J. 581 · Supreme Court of New Jersey · Jul 17, 2012

The appellate panel found that “plaintiffs failed to establish a prima facie case” against JFK Medical Center, primarily because neither of plaintiffs’ experts offered an opinion that Mercy 9’s alleged failure to arrive timely … It is not our function to rewrite a plainly written statute or to presume that the Legislature meant something other than what it conveyed in its clearly expressed language.

Painter v. Painter

65 N.J. 196 · Supreme Court of New Jersey · Jun 5, 1974

Clearly any property owned by a husband or wife at the time of marriage will remain the separate property of such spouse and in the event of divorce will not qualify as. an asset eligible for distribution. … To the extent that such property is attributable to the expenditure of effort by either spouse, it clearly qualifies for distribution.

Linn v. Rand

140 N.J. Super. 212 · New Jersey Superior Court Appellate Division · Mar 29, 1976

The creation of a new class and the establishment of a new immunity makes history — bad history. [at 77] We need not look to other jurisdictions where a sharp conflict exists on the issue here involved. … Our polestar, when confronted with common law doctrines, was clearly set forth by Chief Justice Vanderbilt in State v.

Henderson v. Champion

83 N.J. Eq. 554 · New Jersey Court of Chancery · Jun 30, 1914

The principle, that uniform restrictive covenants regarding improvements, as a part of a community scheme, are made for the benefit of all who, as lot owners, participate in the project, has been so firmly established by … inferred from the covenant, as has already been observed, was to keep all buildings and structures that distance away from the highway, and the restriction in that respect in nowise conflicts with nor is it modified or qualified

Disability Rights New Jersey, Inc. v. Velez

862 F. Supp. 2d 366 · District Court, D. New Jersey · Mar 23, 2012

Additionally, the ADA provides an explicit waiver of sovereign immunity. … It, however, has already been established that it is the DHS policy at issue, not a State statute, legislative enactment, or executive order.

Mayer v. FAIRLAWN JEWISH CENTER & RANDALL CONSTR. CO.

71 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Dec 27, 1961

However, we disagree with Center's claim that the statute immunizes defendant from plaintiff's suit. … a breach of contract by Commercial might form the basis of liability and emphasized *324 that "indemnity for liability incurred by the indemnitee due to his own fault and damages for breach of contractual duties must be clearly

Continental Insurance of New Jersey v. United States

335 F. Supp. 2d 532 · District Court, D. New Jersey · Sep 15, 2004

A motion to dismiss for lack of subject matter jurisdiction predicated on the legal insufficiency of a claim may be granted if the claim “clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction … It is clear that the United States could not be made subject to the mandatory arbitration procedure specified in § 674, because it would conflict with the administrative arrangement established in the Federal Tort Claims

Sentner v. Amtrak

540 F. Supp. 557 · District Court, D. New Jersey · Jun 1, 1982

The Corporation will not be an agency or establishment of the United States Government. … Clearly, both the district court and court of appeals disposed of the claims on the basis of evidentiary insufficiency, and did not reach the issue of Amtrak’s claim of immunity, despite some reference to that argument in

S.C. v. Deptford Township Board of Education

248 F. Supp. 2d 368 · District Court, D. New Jersey · Mar 14, 2003

Although the State may raise sovereign immunity at any time, this does not necessarily mean that such immunity will be established. … The IDEA, which contains an express waiver of immunity, clearly meets the clear-language requirement: A State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal

State v. Maiorana

240 N.J. Super. 352 · New Jersey Superior Court Appellate Division · Apr 24, 1990

The burden of proof is upon the State to establish clearly and convincingly that the evidence it proposed to present at trial was developed or obtained from sources or by a means entirely independent of and unrelated to the … Accordingly, the matter is remanded to the trial judge for a Kastigar hearing, at which the burden of proof will be upon the State to establish clearly and convincingly that the evidence adduced at trial against this defendant

Robinson v. Zorn

430 N.J. Super. 312 · New Jersey Superior Court Appellate Division · Apr 17, 2013

The existence of a vibrant, competitive private passenger automobile insurance market in New Jersey is clearly in the best interests of the [s]tate; e. … The special automobile insurance policy shall be offered only to individuals who qualify for and are actively covered by designated government subsidized programs in the [s]tate.

Buono v. Scalia

358 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Mar 11, 2003

In Small , the Court “clearly reaffirmed [its] general disapproval of the parental immunity doctrine” but allowed that parental immunity “might still remain operative in ‘special areas in the parent-child relationship, such … clearly in the best position to know the limitations and capabilities of his or her own children.”

Strauss v. State

131 N.J. Super. 571 · New Jersey Superior Court Appellate Division · Nov 20, 1974

A writ of habeas corpus was granted by United States District Court Judge Shaw on November 16, 1971 on the grounds that informer Corrolla, an active participant in establishing an atmosphere of confidence both prior to and … Clearly, the cause of action in Maule did not involve the exception to N.J.S.A. 52:4A-1.

In Re Review of Opinion 475 of the Advisory Committee on Professional Ethics & DR 2-102(C)

89 N.J. 74 · Supreme Court of New Jersey · Apr 28, 1982

Privileges and Immunities Clause The Privileges and Immunities Clause 9 ensures that non-residents and residents receive equal treatment with respect to “fundamental” activities whose restriction would “hinder the formation … The rule, therefore, does not offend the Privileges and Immunities Clause. D.