Case law

Memory Bowl v. North Pointe Insurance

280 F.R.D. 181 · District Court, D. New Jersey · Mar 13, 2012

“Good cause is established on a showing that disclosure will work a clearly defined and serious injury to the party seeking closure.” Pansy, 23 F.3d at 786 (quoting Publisher Indus. v. … As the party asserting the attorney-client privilege and work product immunity, North Pointe bears the burden of proving that the materials at issue qualify for protection from disclosure. Conoco, Inc. v. U.S.

Tomeo v. Thomas Whitesell Construction Co.

176 N.J. 366 · Supreme Court of New Jersey · May 22, 2003

Millison, thus, established a two-prong test for determining an intentional wrong: conduct and context, both of which must be met by plaintiff. … It stated: [I]n order for an employer’s act to lose the cloak of immunity of N.J.S.

United States v. Lowell

490 F. Supp. 897 · District Court, D. New Jersey · May 12, 1980

be clearly exculpatory; the testimony must be essential; and there must be no strong governmental interest which countervails against a grant of immunity. … The proffered testimony in the case at bar is not clearly exculpatory.

Industrial School District v. Whitehead

13 N.J. Eq. 290 · New Jersey Court of Chancery · Feb 15, 1861

, immunities, powers, and privileges in the city of Elizabeth and in the board of commissioners of schools of said city. … By the “act to establish public schools,” Nix.

SAINT-JEAN v. HOLLAND

District Court, D. New Jersey · Dec 28, 2020

violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”). … (It also rejected the officer’s assertion of qualified immunity, finding that he had violated a clearly established right. See Section III.C.1.b, infra.)

Dr. Dominick A. Lembo v. Arlene Marchese (082930) (Passaic County and Statewide)

Supreme Court of New Jersey · Jun 17, 2020

If the statutory language clearly reveals the Legislature’s intent, then our interpretive mission comes to an end. Nicholas v. Mynster, 213 N.J. 463, 480 (2013). … alleges that TD Bank accepted checks payable to Lembo with forged 2 Given our resolution of this issue, we do not address Lembo’s claims that Marchese and Wright were acting in the role of “constructive trustees” to qualify

Siss v. County of Passaic

75 F. Supp. 2d 325 · District Court, D. New Jersey · May 19, 1999

argument that the individual defendants are shielded from liability by their qualified immunity from suit. … In accordance with the analysis above, however, even if the individual defendants had violated plaintiff's first amendment rights, any such rights were not "clearly established,” and those defendants accordingly are immune

Wymbs v. Township of Wayne

163 N.J. 523 · Supreme Court of New Jersey · May 11, 2000

A public entity does not automatically receive the benefit of that immunity. “It is well established that the burden is on the public entity both to plead and prove its immunity under our Act.” … In the present ease, defendants did not establish their entitlement to immunity under the TCA.

Eastern Seaboard Pile Driving Corp. v. New Jersey Property-Liability Insurance Guaranty Ass'n

165 N.J. Super. 358 · New Jersey Superior Court Appellate Division · Jan 5, 1979

The statute which established the Unsatisfied Claim and Judgment Eund defined a “qualified person” entitled to payment from the Eund to be “a resident of this State or the owner of a motor vehicle registered in this State … The Appellate Division noted that the “general rule” that a statute which grants powers, privileges and immunities to corporations without qualifying words shall be construed to mean domestic corporations was adopted by the

American Centennial Insurance v. Handal

901 F. Supp. 892 · District Court, D. New Jersey · Oct 3, 1995

It is well established in the Third Circuit that the plaintiff must show significantly more than minimum contacts to establish general jurisdiction. Provident Nat’l Bank v. Cal Fed. … Clearly, cases will arise wherein justice shall require that service be permitted, but that ought to be the exception rather than the rule. 9 .

MESSNER v. WEINGARTEN

District Court, D. New Jersey · Sep 17, 2024

, Quasi Immunity, [and] Qualified Immunity.” … Qualified Immunity Lastly, Defendant argues that she is entitled to qualified immunity because Plaintiff's affirmative right to file a civilian criminal complaint is not a “clearly established” constitutional

ALEXANDER

District Court, D. New Jersey · May 4, 2026

an arresting officer was not entitled to qualified immunity. 146 S. … Thus, the arresting officer was entitled to qualified immunity. Id. at 931.

MARC RUSSI v. CITY OF NEWARK (L-5182-19, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 17, 2022

law immunity. … Plaintiff clearly used Union Valley Road for public access purposes, supporting the application of the LLA.

Pinckney v. City of Jersey City

140 N.J. Super. 96 · New Jersey Superior Court Appellate Division · Jan 30, 1976

The basic approach taken by the Legislature was to reestablish sovereign immunity [1] and at the same time grant waiver of that immunity under circumstances and in accordance with conditions set forth in the Act. [2] In establishing … It is a firmly established rule in American jurisprudence that acts in derogation of sovereign immunity are to be strictly construed and that provisions which are conditions which the sovereign attaches to the waiver of immunity

Sanner v. Ford Motor Co.

144 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Aug 6, 1976

It is undisputed that the United States Government procured the production of these vehicles in conformity with its own engineering specifications and submitted these specifications to qualified prospective bidders. … This rule is the means by which the Secretary of Transportation is directed to establish motor vehicle safety standards. 15 U.S.C.A. 1381 et seq.

Fiduccia v. SUMMIT HILL CONST. CO., INC.

109 N.J. Super. 249 · New Jersey Superior Court Appellate Division · Mar 4, 1970

Clearly, there are areas in which governmental activities involve questions of discretion and judgment for which, in the absence of bad faith, corruption, oppressive conduct, or *253 other abuse of power, there is immunity … The line at which governmental activity becomes immune is not readily defined.

State v. Strong

110 N.J. 583 · Supreme Court of New Jersey · Jun 16, 1988

The trial court must recognize that the burden of proof to establish the absence of taint is on the State. … The Murphy decision involved considerations of federalism not present in situations where a single state jurisdiction both questioned and prosecuted the same defendant; thus where federal concerns and standards were clearly

State v. Kenny

128 N.J. Super. 94 · New Jersey Superior Court Appellate Division · Apr 5, 1974

The very purpose of this statute would be defeated by an interpretation which qualified the transactional immunity to those subject matters covered during direct examination. … Finally, the prosecutor urged the jury to: * * * go into that jury room and deliberate and come back out to the courtroom and clearly and loudly enough for them to hear you, loudly enough for them to hear you in even in Hudson

State v. Cantor

221 N.J. Super. 219 · New Jersey Superior Court Appellate Division · Nov 23, 1987

N.J.S.A. 2C:28-8 clearly interdicts the behavior alleged to have been exhibited by defendant. … Lashinsky, 81 N.J. 1 (1979), it was clearly established that members of the press have some special newsgathering *224 rights which must be respected by government. Id. at 14 .

OASIS THERAPEUTIC LIFE CENTERS, INC. VS. PETER G. WADE (L-1287-17, MONMOUTH COUNTY AND STATEWIDE)

457 N.J. Super. 218 · New Jersey Superior Court Appellate Division · Dec 10, 2018

In establishing its first TRAIL center, Oasis purchased a twenty-six-acre Monmouth County estate. … Div. 1998), by immunizing such actors from suit.