Case law

J. A. v. Riti

377 F. Supp. 1046 · District Court, D. New Jersey · Jun 17, 1974

They both have been previously convicted of a criminal fraud practiced on the Bergen County Welfare Board (the Board) by their deliberately misstating their income sources when qualifying for AFDC benefits. … They contend that § 605 clearly focuses the impact of the AFDC Program upon the child and not upon the párent and that § 602(a) (19) clearly indicates an intent' in the Congress to permit exclusion of parents or relatives

In Re Grand Jury Empanelled January 21, 1981

535 F. Supp. 537 · District Court, D. New Jersey · Mar 23, 1982

The Seventh Circuit rejected the argument that certain state functions are constitutionally immune from the federal subpoena power. … Recognizing that the grand jury is entitled to every person’s evidence absent the valid invocation of an established privilege, the court held that “[njothing in the United States Constitution immunizes any ‘exclusive domain

Yip v. Pagano

606 F. Supp. 1566 · District Court, D. New Jersey · Apr 26, 1985

immunity. … It is well established that New Jersey has adopted the Restatement (Second) position relating to judicial immunities. See *1571 Rainier’s Dairies v. Raritan Valley Farms, Inc., 19 N.J. 552, 558 , 117 A.2d 889 (1955).

Thiokol Chemical Corp. v. Morris County Board of Taxation

41 N.J. 405 · Supreme Court of New Jersey · Jan 20, 1964

Yet that must be in a case where a lease was clearly intended. … But since purchases by independent contractors of supplies for Government construction or other activities do not have federal immunity from taxation, the form of contracts, when governmental immunity is not waived by Congress

AAA Mid-Atlantic Insurance v. Prudential Property & Casualty Insurance

336 N.J. Super. 71 · New Jersey Superior Court Appellate Division · Dec 22, 2000

Thus, his parents, the MacElraths are statutorily immune from liability for injuries suffered by their son resulting from the alcoholic beverages they served him. … Prudential’s claim is clearly derivative. It depends upon establishing liability against another carrier’s insureds, the homeowners and social hosts.

Shapiro v. Baker

646 F. Supp. 1127 · District Court, D. New Jersey · Nov 5, 1986

In this case, defendant has shown clearly that no material issue of fact awaits resolution. The intergovernmental tax immunity doctrine has been narrowed to almost the point of non-existence. … Established case law clearly shows that the tax immunity is not applicable in this case. Therefore, defendant’s motion for reconsideration is granted and judgment on the pleadings in favor of defendant will be entered.

Wunschel v. City of Jersey

208 N.J. Super. 234 · New Jersey Superior Court Appellate Division · Feb 25, 1986

But recognition of that circumstance does not end our inquiry for the New Jersey Tort Claims Act does not purport to establish the liabilities and immunities of a public employee in all of his endeavors. … But that was in the context of determin *240 ing the applicability of the fellow servant immunity of N.J.S.A. 34:15-8 which specifies that the immunity arises in cases of compensable injuries when the plaintiff and defendant

SEIDLE v. NEPTUNE TOWNSHIP

District Court, D. New Jersey · May 1, 2021

. § 1983 suits by qualified immunity.”). … “Under qualified immunity, government officials are not subject to damages liability for the performance of their discretionary functions when their conduct does not violate clearly established statutory

Maule v. Conduit & Foundation Corp.

124 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Jul 2, 1973

If the Legislature establishes an earlier date, we of course, will abide by that decision. [55 N. … But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision.

Kish v. Verniero (In Re Kish)

212 B.R. 808 · District Court, D. New Jersey · Aug 18, 1997

In defining the term “clearly erroneous” the United States Supreme Court has stated that “[a] finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left … Clearly, a finding that these entities are entitled to Eleventh Amendment immunity would result in the dismissal of appellant’s entire first claim and require the Bankruptcy Court to consider those claims which were previously

Estate of Donville Campbell, Etc. v. Woodcliff Health & Rehabilitation Center

New Jersey Superior Court Appellate Division · Jun 26, 2024

under the COVID Immunity Statute 2 and are immune from suit and liability under the PREP Act. 2 Defendants contend they also have immunity under Executive Order No. 112 (March 28, 2020), which provided immunity at … Although plaintiff has not clearly identified any recognizable duty defendants owed Mrs.

Cali v. New Jersey State Commission of Investigation

63 N.J. 310 · Supreme Court of New Jersey · Jul 5, 1973

Leshowitz was later granted immunity by the Commission (N. J. S. A. 52:9M-17) and as a result any suggestion of confidentiality grounded on the writing clearly has no substance. Mr. … Immunity was forthcoming and any confidentiality by virtue of the agreements was clearly removed. There were oral statements by Mr.

Canadian Aviator, Ltd. v. United States

52 F. Supp. 211 · District Court, D. New Jersey · Apr 16, 1943

It is well established that the United States may not be sued without its consent, and where, as here, the sovereign immunity is waived by statute, the statute must be strictly construed. … The cause in which the statute is invoked must be clearly within its provisions. Ibid. The facts upon which the present cause of action is founded are recited in the third 1 paragraph of the libel.

Powers v. Union City Bd. of Ed.

124 N.J. Super. 590 · New Jersey Superior Court Appellate Division · Jul 5, 1973

They were clearly unlawful and beyond the proper good faith performance of his public functions. … The facts in this case do not qualify in that respect. Plaintiff is not entitled to reimbursement for his legal fees and expenses connected with the defense of the federal criminal charge.

In Re Gabapentin Patent Litigation

649 F. Supp. 2d 340 · District Court, D. New Jersey · Aug 27, 2009

Warner-Lambert is entitled to such immunity unless Purepac can establish that the Capsule and Tablet Lawsuits were “sham litigation.” … According to Warner-Lambert, a series of earlier rulings clearly establish that the infringement claims concerning the '476 and '479 Patents were not unreasonable, thereby also establishing the existence of probable cause

Ruvolo v. US Steel Corp.

139 N.J. Super. 578 · New Jersey Superior Court Appellate Division · Jan 12, 1976

In return, the act immunizes the employer in such cases from tort liability. … Its courts, however, permit indemnification where a defendant tortfeasor can establish that his own negligence was only "passive," whereas the negligence of a joint tortfeasor was "active."

LASCHE v. STATE OF NEW JERSEY

District Court, D. New Jersey · Nov 28, 2022

“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson, 555 U.S. at 232 (citation omitted). … establish a right for purposes of qualified immunity.”

Washington National Insurance v. Board of Review of New Jersey Unemployment Compensation Commission

1 N.J. 545 · Supreme Court of New Jersey · Mar 7, 1949

A constitution is to be given a prospective operation only, unless an intention to make it retrospective is clearly revealed in the legislative expression. San Antonio v. San Antonio Public Service Co., 255 U. … Appellant contends that if the vitiating clause “exclusive of life insurance agents” be exscinded, the subsection of the statute will be free of legal infirmity and should be effectuated as so qualified. *556 But the excision

In Re Manna

124 N.J. Super. 428 · New Jersey Superior Court Appellate Division · Jul 3, 1973

The contention that the statute establishing the S.C.I. ( N.J.S.A. 52:9M-1 et seq. ) offends Art. … The title clearly suggests that the object of the legislation is to create a temporary investigation agency.

Bowers v. National Collegiate Athletic Ass'n

9 F. Supp. 2d 460 · District Court, D. New Jersey · Jun 8, 1998

, stadia or other places of exhibition, gymnasia or other places of exercise or recreation, all of which the NCAA’s regulations clearly treat. *490 See, e.g., NCAA Manual at Figure 14-6 (comparing qualifier, partial qualifier … The NCAA is clearly established by two or more of the entities described in section 794(b)(1) through (3), in particular two or more colleges and universities. See, e.g., NCAA Manual at §§ 3.2.1.1, 3.31.1.