Case law

NAHAS v. SHORE MEDICAL CENTER

District Court, D. New Jersey · Sep 24, 2019

In order to qualify for immunity under the HCQIA, a professional review action must be taken: (1) in the reasonable belief that the action was in the furtherance … Because suspending Plaintiff for performing unauthorized surgeries on patients is clearly in the interest of furthering quality health care, Plaintiff cannot rebut the Act’s immunity for the 2011 suspension.

Family Civil Liberties Union v. State

386 F. Supp. 3d 411 · District Court, D. New Jersey · May 29, 2019

This case clearly falls on the Reynolds side of the Reynolds / Georgevich divide. … Plaintiffs have not established any ongoing injury in fact with respect to any theoretical refusal to permit them to record.

ARSENIS

District Court, D. New Jersey · Apr 28, 2026

The ADA’s association provision prohibits a “covered entity” from “excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the … qualified individual is known to have a relationship or association.” 42 U.S.C. § 12112(b)(4).

JOWETT v. CHURCHILL

District Court, D. New Jersey · Aug 31, 2021

immunity. … Bartle, 871 F.2d 331, 340–42 (3d Cir. 1989)). 11 Churchill does not appear to raise qualified immunity as a defense. [See generally Docket No. 26-1.]

Tyree v. Riley

783 F. Supp. 877 · District Court, D. New Jersey · Feb 7, 1992

The right to a jury trial is established by examining the “procedural and remedial sections of the statute creating the right.” Cox v. … In this case, defendants in Title VII actions prior to the 1991 Civil Rights Act clearly were not subject to liability for compensatory damages.

RAY v. ELECNOR HAWKEYE, LLC

District Court, D. New Jersey · Dec 6, 2023

To establish a prima facie case of disability discrimination under the ADA, a plaintiff must demonstrate that: (1) she has a disability within the meaning of the ADA; (2) she is otherwise qualified to perform the … To establish a prima facie case of a failure to accommodate under the ADA, Plaintiff must demonstrate that: “(1) she is a disabled person within the meaning of the ADA; (2) she is otherwise qualified to perform the essential

Maidenbaum v. Bally's Park Place, Inc.

870 F. Supp. 1254 · District Court, D. New Jersey · Dec 28, 1994

There is no dispute that plaintiffs were members of the protected class and were qualified for their positions. … We note that plaintiffs have produced a portion of the 1992 annual report of Bally’s parent company which clearly shows that it was undergoing major restructuring in 1992 in order to service existing debt.

Santosuosso v. NovaCare Rehabilitation

462 F. Supp. 2d 590 · District Court, D. New Jersey · Nov 22, 2006

New Jersey courts have recognized that in certain situations, defendants are entitled to qualified privilege. … Defendants claim that the accusation of falsification is true, and that it is protected by qualified privilege.

CALDERWOOD

District Court, D. New Jersey · Aug 11, 2026

Cir. 1997) (immunity is denied for acts which “a reasonable prosecutor would recognize as being ‘clearly outside his jurisdiction’ to represent the state before the court” (quoting Bauers v. … Without allegations that the actions of Defendants Finlay and Batton were so egregious and “clearly outside [their] jurisdiction,” Ernst, 108 F.3d at 502, these claims are likely barred by prosecutorial immunity.

United States v. Manzo

714 F. Supp. 2d 486 · District Court, D. New Jersey · May 18, 2010

Such an interpretation is not clearly within the scope of conduct covered by the statute. … Contrary to the Government’s assertions, a finding that Defendants’ behavior is not clearly within the scope of the Hobbs Act does not grant candidates “immunity” in the event they are not elected.

United Wire, Metal & MacHine Health & Welfare Fund v. Morristown Memorial Hospital

793 F. Supp. 524 · District Court, D. New Jersey · Jul 6, 1992

At the outset, this Court notes that the TIA clearly applies to the types of claims and, relief that plaintiffs seek. … ERISA Pre-emption Plaintiffs argue that ERISA preempts the method New Jersey utilizes for establishing hospital rates.

In re E. Reboulin Fils & Co.

165 F. 245 · District Court, D. New Jersey · Jul 23, 1908

The evidence in general establishes this fact beyond controversy, and the so-called trust receipts in and of themselves confirm it. … Clearly no title to the goods passed, but only their custody — a custody which, if, and in so far as, it constituted possession, was in law the possession of the petitioners.

SHAIKH v. KIRSCH

District Court, D. New Jersey · May 12, 2025

“To be frivolous, a claim must rely on an ‘indisputably meritless legal theory’ or a ‘clearly baseless’ or ‘fantastic or delusional’ factual scenario.” Mitchell v. … Whether an act qualifies as a judicial act depends on “the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectation of the parties, i.e., whether they dealt with

WILLIAMS v. NOGAN

District Court, D. New Jersey · Oct 30, 2019

immunity.1 (D.E. … Because Defendants failed to address this claim in their Motion, both substantively and in their qualified immunity discussion, the Court will not dismiss the Amended Complaint in its entirety, as requested.

Guzman-Cabrera v. United States of America

District Court, D. New Jersey · Nov 17, 2021

Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception to the immunity … “[I]n construing the federal RICO law, [the Third] Circuit has rejected the argument that personal injuries qualify as RICO injuries to ‘business or property.’” Williams v.

Perry v. Prudential-Bache Securities, Inc.

738 F. Supp. 843 · District Court, D. New Jersey · Oct 30, 1989

the technical aspects of his job, he was not qualified for the managerial aspects of his job. … Under the rule established in Klaxon Co. v.

Simmons v. Arvonio

796 F. Supp. 777 · District Court, D. New Jersey · Jun 24, 1992

It is a well established principle of federalism that a state decision resting on an adequate foundation of state substantive law is immune from review in the federal courts. See Wainwright v. … Moreover, the judge properly instructed the jury that Wilson’s immunity only applied to the use of his own testimony against him.

V. v. NEW JERSEY DEPARTMENT OF CHILDREN & FAMILES

District Court, D. New Jersey · Jun 29, 2022

right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”). … Should Y.V. file an amended complaint, she should plead facts sufficient to defeat both qualified immunity and immunity against punitive damages. 13

Caruso v. Blockbuster-Sony Music Entertainment Centre

968 F. Supp. 210 · District Court, D. New Jersey · Jun 25, 1997

Therefore, the lawn area is clearly not encompassed by § 4.1.3(19)(a). … The parlies briefed the issue of whether the lawn area qualifies as a "public accommodalion.’’

Arons v. Donovan

882 F. Supp. 379 · District Court, D. New Jersey · Mar 29, 1995

McGlynn did not clearly interpret the statutes at issue in this case. … It was established in 1968 by the New Jersey Public Broadcasting Authority Act, N.J.S.A. 48:23-1 et seq.