Case law

VIFOR (INTERNATIONAL) AG v. MYLAN LABORATORIES LTD.

District Court, D. New Jersey · Jun 28, 2021

The Applicant then further explained that although the prior art disclosed binding to anti-dextran antibodies, “the Office . . . failed to establish that any such binding results in an immune reaction and, as such, the … Clearly, the decision to incorporate “human” in the application signals the potential for non-human subjects.

Burgese v. Starwood Hotels & Resorts Worldwide, Inc.

101 F. Supp. 3d 414 · District Court, D. New Jersey · Apr 14, 2015

The precedent in this circuit clearly indicates that ‘a RICO enterprise exists where a group of persons associate, formally or informally, with the purpose of conducting illegal activity.’ ” (citations omitted)). … “To establish open-ended continuity, a plaintiff must establish that the predicate acts were the enterprise’s ‘regular way of doing business’ or threaten repetition in the future.” Spadaro, 855 F.Supp.2d at 1351.

In Re Ordinance 04-75

192 N.J. 446 · Supreme Court of New Jersey · Sep 26, 2007

Here, based on its statutory context, the word “any” clearly is synonymous with the word “all.” … That sampling clearly establishes that the Legislature has determined, on multiple occasions, those municipal matters that should not be called before the voters in a referendum.

Mabee v. Borden, Inc.

316 N.J. Super. 218 · New Jersey Superior Court Appellate Division · Jun 2, 1998

I am also satisfied that plaintiff need only establish that "some" employee would be injured and not that a deliberate intent be made by the employer to harm the particular plaintiff herself. … Under its two factor analysis of "deliberate intent to injure," the Court acknowledged that the employer's conduct in knowingly exposing the plaintiffs to asbestos clearly amounted to deliberately taking risks with the employee's

Sunshine Biscuits, Inc. v. Borough of Sayreville

4 N.J. Tax 486 · New Jersey Tax Court · Aug 2, 1982

However, property does not qualify as a specialty where it possesses certain features which, while rendering the property suitable to the owner’s use, are not truly unique. Dworman v. … Chapter 123 simply provides that a taxpayer may not rely on its terms to establish discrimination in the year of a reassessment, but this does not preclude an attempt to establish discrimination by other proofs.

Constantino v. Borough of Berlin

348 N.J. Super. 327 · New Jersey Superior Court Appellate Division · Mar 7, 2002

Despite his claim, subsequent federal law clearly had retroactive effect, and preexisting and longstanding New Jersey law that specifically prohibited municipalities from hiring persons as police officers under age twenty-one … To prove an ADEA case, a plaintiff must first establish a prima facie case of discrimination by demonstrating that he is a membei of a protected class, he is qualified for the position sought, and that he was denied the position

Christensen v. New Jersey, Division of Motor Vehicles (In Re Christensen)

95 B.R. 886 · United States Bankruptcy Court, D. New Jersey · Oct 17, 1988

The DMY is clearly within the scope of this statutory definition. … The Penn Terra court established that the enforcement of Pennsylvania’s environmental laws was clearly an exercise of the state’s police and regulatory power as provided in 11 U.S.C. § 362 (b)(4).

State v. Thompson

59 N.J. 396 · Supreme Court of New Jersey · Nov 8, 1971

The trial court charged the jury clearly and in detail as to .the presumption of innocence of the defendant and on the burden resting upon the State to establish guilt beyond a reasonable doubt which, too, was adequately … At the outset of his examination defendant’s attorney established that Euart had participated in the investigation of the murder and had made written reports thereon to his superiors.

Hopple v. Higbee

23 N.J.L. 342 · Supreme Court of New Jersey · Jun 15, 1852

Upon the mere question of compensation, the distinction sought to be established is without foundation. … But there are exceptions and qualifications of this rule, as plain and well established as the rule itself.

COUSAR v. MORGAN

District Court, D. New Jersey · Jul 7, 2022

Plaintiff argues when Defendant Ciacci applied for the arrest warrant he did not establish probable cause. (Id. ¶ 61.) … App’x at 171–72 (affirming grant of summary judgment to defendants in false arrest § 1983 case on basis of probable cause and qualified immunity where warrant “appears on its face to be valid”) Where

Parking Authority v. Board of Chosen Freeholders

180 N.J. Super. 282 · New Jersey Superior Court Appellate Division · Jun 24, 1981

Plaintiff herein has the burden of clearly establishing beyond a reasonable doubt the unconstitutionality of the County Transportation Authorities Act. Id. at 597 . … Such law shall become operative only if it is adopted by ordinance of the governing body of the municipality or county or by vote of the legally qualified voters thereof.

Williams Scotsman, Inc. v. Garfield Board of Education

379 N.J. Super. 51 · New Jersey Superior Court Appellate Division · Jul 15, 2005

It was aware that Garfield’s status as an Abbott district qualified it to receive additional funds from the State. Garfield advised Scotsman that it was planning to use EDA money to pay for these trailers. … I The Public School Contracts Law establishes specific requirements with which public schools must abide when contracting for services and goods. N.J.S.A. 18A:18A-1 to -10.

Berardi v. Rutter

42 N.J. Super. 39 · New Jersey Superior Court Appellate Division · Oct 8, 1956

It is elementary that a court will, if reasonably possible, put a construction upon a statute which will render it constitutional; and that only where it clearly violates the constitution, will it be struck down. … We cannot conceive that the Legislature intended that a person convicted of an offense involving moral turpitude was to be permitted to qualify as a detective, but not as a detective's employee.

Lloyd v. Vermeulen

40 N.J. Super. 151 · New Jersey Superior Court Appellate Division · May 31, 1956

I find them to be as follows: At the general election held November 4, 1947, the qualified voters of this State adopted a new constitution known as the Constitution of 1947. … Finally, defendant contends that the plaintiff is seeking relief by a suit in lieu of the former prerogative writ of mandamus, and that to succeed the plaintiff must establish clearly and convincingly his title to the office

Risko v. Thompson Muller Automotive Group, Inc.

206 N.J. 506 · Supreme Court of New Jersey · Jun 7, 2011

He did qualify his comments by stating “They didn’t intend to put her through that[,]” but then added “[b]ut now they have to pay for that.” (Emphasis added.) … The argument was carefully conceived and crafted to suggest a minimum award to plaintiff in violation of well-established jurisprudence.

Abramowitz v. Kimmelman

203 N.J. Super. 118 · New Jersey Superior Court Appellate Division · Jul 26, 1985

Virginia State Bd. of Elections, 383 U.S. 663 , 86 S.Ct. 1079 , 16 L.Ed. 2d 169 (1966), in which it invalidated Virginia's statute imposing a poll tax in state elections because it drew lines qualifying the right to vote … We think that Kramer and similar cases are clearly distinguishable from the case before us.

State ex rel. M.T.S.

129 N.J. 422 · Supreme Court of New Jersey · Jul 30, 1992

We then must consider what evidence is probative to establish the commission of a sexual assault. … The term “physical force,” like its companion term “coercion,” acts to qualify the nature and character of the “sexual penetration.”

Amir v. D'AGOSTINO

328 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Aug 12, 1998

(3) Does the covenant clearly and expressly set forth the restrictions? [ Id. at 211 , 579 A. 2d 288 .] … Although Amir's deed gives him the non-exclusive right to sell gift items, cigarettes, salt water taffy, panty hose and related products and sun protection, each of these items has qualifiers.

In re Prudential Insurance

282 N.J. Super. 256 · New Jersey Superior Court Appellate Division · Feb 10, 1995

Clearly, the codification of the particularity requirement in R. 4:36-2 was meant to halt abuses by insuring that shareholder plaintiffs use the courts as a last resort to bring about desired change. … Qualified voters include "every policyholder who is 18 years of age or more and whose policy has been in force for at least 1 year." N.J.S.A. 17B;18-23.

Barrows v. Chase Manhattan Mortgage Corp.

465 F. Supp. 2d 347 · District Court, D. New Jersey · Dec 8, 2006

established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty … established legal right” of Plaintiff.