Case law

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.

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

Hoffman v. Weider

217 F. Supp. 172 · District Court, D. New Jersey · May 20, 1963

Whether it is qualified is a matter of fact to be determined upon the trial. A conditional or qualified privilege may not be asserted as a ground for dismissal of a complaint sounding in libel. MacDonough v. A. S. … The obvious winner of the title was aforementioned DAVE WALTERS * * * every judge had Dave so high in points that he was clearly deserving of the title.

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.

GREENMAN v. CITY OF HACKENSACK

District Court, D. New Jersey · Sep 12, 2020

Qualified immunity was permitted because the right was not sufficiently established in the case law. See generally Saucier v. … Katz, 533 U.S. 194, 201 (2001) (qualified immunity applies unless plaintiff demonstrates violation of a constitutional right and that the right was clearly established at the time of the misconduct).

First Union National Bank v. Gibbons (In Re Princeton-New York Investors, Inc.)

219 B.R. 55 · District Court, D. New Jersey · Mar 13, 1998

The parties do not dispute that the Trustee’s claim falls outside the time limitations period established by § 25:2-31. … Congress is empowered to establish uniform bankruptcy laws throughout the United States under Article 1, § 8 of the Constitution.

Santise v. Harris

501 F. Supp. 274 · District Court, D. New Jersey · Nov 17, 1980

that he is not only unable to do his previous work but cannot considering his age, education, and work experience engage in any other kind of substantial gainful work which exists in the national economy — This section clearly … Those decisions indicate that H.E.W. must grant disability benefits to all who qualify for them in accordance with the grid.

MCINTYRE v. UNITED STATES MARSHAL SERVICE

District Court, D. New Jersey · Mar 10, 2023

; and (4) the Individual Defendants are entitled to qualified immunity. … WL 2263670, at *8 (unnecessary to address qualified immunity “given that Bivens is not being extended” to the claims at issue); Barry v.

HOTEL AND RESTAURANT EMP., ETC. v. Danzinger

536 F. Supp. 317 · District Court, D. New Jersey · Apr 12, 1982

Labor organizations are not immune to the possibilities of corruption. … We can be asked to condemn a state statute as in conflict with national legislation only if the conflict is clearly shown, Allen-Bradley Local v.

SIMON

District Court, D. New Jersey · Apr 9, 2026

Seana, 506 F, App’x 120, 122 (3d Cir. 2012), seeks relief from an immune defendant. For the reasons set forth below, Plaintiff's Complaint is dismissed without prejudice. … “To establish a prima facie case under ECOA, [a plaintiff] must show that (1) plaintiff was a member of a protected class; (2) plaintiff applied for credit from defendants; (3) plaintiff was qualified for the credit; and

Rivet v. Office Depot, Inc.

207 F. Supp. 3d 417 · District Court, D. New Jersey · Sep 13, 2016

Typicality and Adequacy The Court must also determine whether Plaintiffs have established typicality and adequacy. … As the Supreme Court has recently stated, “Rule 23(b)(3), as an adventuresome innovation, is designed for situations in which class-action treatment is not as clearly called for.” Comcast v.

United States v. Ferranti

59 F. Supp. 1003 · District Court, D. New Jersey · Aug 22, 1944

The maximum price regulation alleged to have been violated does not establish in specific terms maximum prices for poultry; it only prescribes a formula by which such prices may be calculated, once the facts relied on for … And Section 202(g) provides: “No person shall be excused from complying with any requirements under this section because of his privilege against self incrimination, but the immunity provisions of the Compulsory Testimony

DALAL v. KRAKORA

District Court, D. New Jersey · Oct 22, 2021

It is well-established that “a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official’s office. … An appropriate Order follows. 4 In addition, Defendants attempt to raise qualified immunity for the first time in their reply brief, but the Court declines

KP, Ex Rel. SC v. Corsey

228 F. Supp. 2d 547 · District Court, D. New Jersey · Oct 30, 2002

Section 1983 provides for the imposition of liability on any person who, acting under color of state law, deprives another of rights, privileges, or immunities secured by the Constitution or laws of the United States. 42 … The Plaintiffs have clearly made a proper claim against Corsey under § 1983. First, he acted under color of state law since the acts of harassment occurred in the course of his employment by the Board .of Education.

Freeman v. Chertoff

604 F. Supp. 2d 726 · District Court, D. New Jersey · Mar 30, 2009

Freeman “must establish that she (1) has a ‘disabili *732 ty,’ (2) is a ‘qualified individual,’ and (3) has suffered an adverse employment action because of that disability.” … Accordingly, the Court concludes that a reasonable factfinder could conclude that Freeman was disabled during the relevant time period. (2) Qualified individual A “qualified individual” is defined as one “who, with or without

STEPHENS v. GREWAL

District Court, D. New Jersey · May 15, 2023

Two kinds of immunity can apply to those sued in their personal capacity under §1983: absolute immunity and qualified immunity. Harlow vy. Fitzgerald, 457 U.S. 800, 807 (1982). … The caselaw clearly establishes that “a claimant will be ‘forever barred’ from recovery against a public employee or entity if she fails ‘to file the claim with the public entity within 90 days of accrual.’”

National Ass'n for Advancement of Colored People v. North Hudson Regional Fire & Rescue

742 F. Supp. 2d 501 · District Court, D. New Jersey · Sep 21, 2010

Sis-kin’s own results predict that a significant number of qualified African Americans would be eligible and qualified for employment with the NHRPR if the labor market were expanded to the Tri-county area; Dr. … The Civil Rights Act of 1991 clearly established that “both the burden of production and the burden of persuasion in establishing business necessity rest with the employer.” Lanning v. Se. Pa. Transp.

SINAI CENTER FOR REHABILITATION AND HEALTHCARE, LLC v. NEW JERSEY DEPARTMENT OF HEALTH

District Court, D. New Jersey · Sep 30, 2025

DOH It is well established that “[s]tate governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment.” 2 Betts v. … Here, Sinai clearly seeks injunctive relief to prevent enforcement of an allegedly unconstitutional act.

New Jersey, Department of Human Services v. Secretary of the United States Department of Health & Human Services

748 F. Supp. 1120 · District Court, D. New Jersey · Oct 19, 1990

Decision No. 648 was not controlling, the Board asserted, because the HCFA direct-indirect policy had not been clearly expressed at the time No. 648 was decided. 2 (Tr. 6). … The description of changes for the applicable sections of the 1986 revisions to the State Medicaid Manual clearly states that the purpose of the changes was to “clarify” the funding policy for MMIS expenditures.

Hewett v. Willingboro Board of Education

421 F. Supp. 2d 814 · District Court, D. New Jersey · Mar 15, 2006

Quite clearly, then, when it was enacted in 1993, the FMLA did not seek to protect such employees. 8 That the inclusion of clause (iv) *821 may have that unforseen effect does not alter the otherwise straightforward language … Indeed, to so hold would effectively create a statutory bar to immunity for public officials who would otherwise be entitled to qualified immunity in any event. 8 .