Case law

City of Wildwood v. DEMARZO

412 N.J. Super. 105 · New Jersey Superior Court Appellate Division · Feb 22, 2010

These were to centralize municipal powers in the board of commissioners, a governing body to be composed of qualified men divorced from partisan obligations, and to provide economical government. … These departments compartmentalize municipal authority by establishing jurisdictional limits and areas of responsibility.

CANGO

District Court, D. New Jersey · Jan 15, 2026

Jan. 5, 2007) (“The [p]laintiff is clearly a member of a protected class in being a female,.”); Marte v. Oliver, No. 20-252, 2020 WL 6544978, at *4 (M.D. Pa. Nov. 6, 2020) (noting that “Latin[as] . . . … was the less qualified candidate.”

State Ex Rel. Dept. of Health v. NORTH JERSEY DIST. WATER SUPPLY COMM.

127 N.J. Super. 251 · New Jersey Superior Court Appellate Division · Mar 8, 1974

Abplanalp, a highly qualified expert associated with the engineering firm which had been retained by Passaic Valley and whose report was ultimately approved by North Jersey and the Department, concluded that the best location … It is to be emphasised that the proposed filtration plant is clearly not a new water supply project, for which a new contract might arguably be necessary.

Emmis Broadcasting Corp. of N.Y. v. East Rutherford Borough

14 N.J. Tax 524 · New Jersey Tax Court · Mar 21, 1995

That being said, I find it hard to believe that two qualified experts really trying to establish true value rather than supporting their client’s adversarial positions would come to conclusions which differed in the final … Plaintiffs expert,testified that future development was clearly the highest and best use.

Martini v. Hendricks

188 F. Supp. 2d 505 · District Court, D. New Jersey · Mar 15, 2002

Because the state supreme court’s determination of the facts and application of *516 clearly established federal law was reasonable, this Court denies relief on this ground. III. … Zappala based on her remarks concerning the veracity of police officers” was a reasonable interpretation of the facts and a reasonable application of clearly established federal law.

Rachel Kasuch v. County of Middlesex

New Jersey Superior Court Appellate Division · Apr 20, 2026

Plaintiff did not produce evidence establishing she filed the NOC with the State or defendant. … The TCA modifies the doctrine of sovereign immunity and establishes the parameters within which an injured party may recover for the tortious acts of public entities and employees. Feinberg v.

PINTO v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

District Court, D. New Jersey · Jul 19, 2024

Under Rule 12(c), “judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Jablonski v. … See Jablonski, 863 F.2d at 290 (“[JJudgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved.)

Complete Medical Wellness LLC v. Horizon Blue Cross Blue Shield of New Jersey

District Court, D. New Jersey · Dec 1, 2025

Section 9 of the FAA establishes the process by which parties may seek to have a court confirm and enforce an arbitration award. 9 U.S.C. § 9. … The NSA clearly lacks any language that would create a cause of action or right to have an IDR award confirmed by this Court.

Sarner v. Sarner

62 N.J. Super. 41 · New Jersey Superior Court Appellate Division · Jun 6, 1960

The other bases mentioned above for Sarner's claim of immunity from accountability on his book obligations to the corporations are equally improperly asserted here. … The values attributable to the alleged oral contracts with Business Center and Section 1 depend upon whether they are established in law and fact on the remand.

Hospital Computer Systems, Inc. v. Staten Island Hospital

788 F. Supp. 1351 · District Court, D. New Jersey · Apr 1, 1992

The Court does not believe that HCS has carried its heavy burden to establish waiver as a matter of law. … Nothing in the record clearly indicates that SIH at any time intended to waive the defects in HCS’s performance under the contract.

United States v. Otero

849 F. Supp. 2d 425 · District Court, D. New Jersey · Mar 15, 2012

The Court, of course, recognizes that Federal Rule of Evidence 702 permits one to be qualified as an expert through various means, including study of the literature relating to a field. … Clearly, the evidence will assist the trier of fact to determine a fact in issue, that is, Defendants’ alleged involvement in the May 10, 2010 armed robbery at the Exxon/Tiger Mart in Wayne, New Jersey.

CLAUSELL

District Court, D. New Jersey · Jan 15, 2026

Jan. 5, 2007) (“The [p]laintiff is clearly a member of a protected class in being a female,.”); Marte v. Oliver, No. 20-252, 2020 WL 6544978, at *4 (M.D. Pa. Nov. 6, 2020) (noting that “Latin[as] . . . … was the less qualified candidate.”

In Re In-Progress Trace Wire Communication

138 N.J. Super. 404 · New Jersey Superior Court Appellate Division · Dec 26, 1975

Said carrier shall be immune from civil liability for any assistance rendered to the applicant pursuant to this section. … However, *415 when a trace is combined with a tap the purpose of doing so is to establish the identity of the speakers, as well as the location of the traced telephone.

American Marine Rail NJ, LLC v. City of Bayonne

289 F. Supp. 2d 569 · District Court, D. New Jersey · Nov 6, 2003

If a measure is not discriminatory, it will be found unconstitutional if the burden it imposes on interstate commerce “is clearly excessive in relation to its putative local benefits.” Pike v. … establish a protected interest.

United States v. Jaramillo

4 F. Supp. 2d 341 · District Court, D. New Jersey · Apr 13, 1998

The Colletti court indicated that to warrant an upward adjustment pursuant to Section 3C1.1 “the perjury of the defendant must not only be clearly established, and supported by evidence other than the jury’s [sic] having … of the defendant must not only be clearly established, and supported by evidence other than the jury's [sic] having disbelieved [the defendant], but also must be sufficiently far-reaching as to impose some incremental burdens

State v. Wormley

305 N.J. Super. 57 · New Jersey Superior Court Appellate Division · Oct 22, 1997

THE COURT ERRED IN FINDING THAT DEFENDANT’S 1987 CONVICTION FOR ARMED ROBBERY QUALIFIED HIM AS A SECOND GRAVES ACT OFFENDER WHICH WARRANTED THE IMPOSITION OF AN EXTENDED TERM. … “The manner and the way of his testifying clearly made his testimony most credible.” Based upon this assessment of Nelson’s credibility, the judge precluded any cross-examination of Nelson concerning his drug use.

BREAKWATER TREATMENT AND WELLNESS CORP. v. THE CITY OF ASBURY PARK

District Court, D. New Jersey · Apr 10, 2024

Having found that Plaintiff fails to establish a due process claim and an equal protection claim under the Fourteenth Amendment, the Court, at this juncture, declines to assess Defendants’ arguments as to qualified … immunity and an improper Monel!

DIBEASE v. United States

District Court, D. New Jersey · Sep 18, 2023

Defendant is Immune from Suit under the FTCA’s Discretionary Function Exception. … (Def.’s Br., ECF No. 7-5 at 30) (emphases added).3 The plain language of the POM clearly grants the postmaster the discretion to choose whether or not the lobby of the Post Office remains open twenty-four hours a day.

Joel S. Lippman, M.D. v. Ethicon, Inc. (073324)

Supreme Court of New Jersey · Jul 15, 2015

Where the Legislature intended to impose an exhaustion requirement, it has said so clearly. … ANJMA argues in favor of a higher standard for watchdog employees to qualify for CEPA protection if they are to be eligible for such protection at all.

In the Matter of the Adoption of a Child by J.E v. and D.G.V.

226 N.J. 90 · Supreme Court of New Jersey · Jul 26, 2016

If you qualify, the Court will appoint counsel for you free of charge.” … L.A. submits that because the right has not been clearly established, it would have been impossible for her to waive it.