Case law

United States v. Rebelo

646 F. Supp. 2d 682 · District Court, D. New Jersey · Aug 20, 2009

Thus, the complaint language clearly classified Rebelo’s assault as one arising under N.J. Stat. Ann. § 2C:12-la(l). … aliens, [by] ... incorporating], to the fullest extent practicable, those judicial precedents and INS interpretations that have been clearly established under the prior statute and that are still applicable to the Act as

Federal Deposit Insurance v. White

828 F. Supp. 304 · District Court, D. New Jersey · Jul 29, 1993

As such, public policy clearly militates against the assertion of the equitable defenses of estoppel, waiver or unclean hands against the FDIC in this case. … However, such evidence and argument goes to whether plaintiff has carried its burden in establishing that defendants were the proximate cause of the Bank’s losses.

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.

Varma v. Bloustein

721 F. Supp. 66 · District Court, D. New Jersey · Jan 11, 1988

Both parties accept the well-established principle of Board of Regents of State Colleges v. … Judgment in these matters can be made only be qualified colleagues....

DAMARR-FARUQ v. CITY OF PLEASANTVILLE POLICE DEPARTMENT

District Court, D. New Jersey · Mar 17, 2025

Alternatively, the State Defendants assert that the officers are entitled to qualified immunity. … “But a decision on qualified immunity would be premature because there are unresolved disputes of historical fact relevant to the immunity analysis.” Williams v. Ponik, 822 F.

Equal Employment Opportunity Commission v. MCI International, Inc.

829 F. Supp. 1438 · District Court, D. New Jersey · Aug 2, 1993

That is clearly not enough. … Plaintiff has clearly failed to establish a prima facie case of failure to rehire with respect to Terbo. 8.

HONE v. THOMPSON

District Court, D. New Jersey · Mar 29, 2021

He claims that the section only applies to cases that are frivolous or clearly baseless. D.E. 1 at 4 ¶ 2. This statement is wrong as a matter of law. … The statute clearly indicates that a federal court must also screen a complaint to determine if “fails to state a claim on which relief may be granted” or “seeks monetary relief against a defendant who is immune from such

Menes v. Chubb & Son

101 F. Supp. 3d 427 · District Court, D. New Jersey · Apr 23, 2015

Under this standard, the decision of the administrator “will be overturned only if it is ‘clearly not supported by the evidence in the record or the administrator has failed to comply with the procedures required by the plan … However, “an award of SSD benefits does not in itself establish that an administrator’s decision was arbitrary and capricious.” Id. (internal citation omitted).

Lincoln v. Momentum Systems Ltd.

86 F. Supp. 2d 421 · District Court, D. New Jersey · Mar 1, 2000

To establish a prima facie case of discrimination under the ADA, a plaintiff must demonstrate: (1) that he is a disabled person within the meaning of the ADA; (2) that he is otherwise qualified to perform the essential functions … But, “stray” remarks or an isolated comment are insufficient to establish discrimination. See Waggoner v.

Gorham v. American Telephone & Telegraph Co.

762 F. Supp. 1138 · District Court, D. New Jersey · Feb 4, 1991

This court finds that plaintiff has failed to establish the second part of her prima facie case, i.e., that she was qualified for the position that she held. … The record clearly discloses that the plaintiff had not performed her job in 1988 to AT & T’s satisfaction.

Air Master Sales Co. v. Northbridge Park Co-Op, Inc.

748 F. Supp. 1110 · District Court, D. New Jersey · Sep 19, 1990

In construing the terms of the qualified acceptance by Monaco on behalf of Air Master, it is clear the Air Master acceptance of the Northbridge offer was conditional and never became effective. … Because of the qualified confirmation of Air Master, there is no contract to construe or enforce in this case. E.

Smith v. Suprema Specialties, Inc.

206 F. Supp. 2d 627 · District Court, D. New Jersey · Jul 1, 2002

Further, to sustain a group of proposed lead plaintiffs, courts have established protocols to insure that the group will be effective. … Clearly, these are not institutions.

Rommer v. United States

268 F. Supp. 740 · District Court, D. New Jersey · Dec 14, 1966

Defendant, on the other hand, in support of the action taken by the Commissioner, contends that while there may have been a literal compliance with the requirements of Section 337, the transactions involved, while unorthodox, establish … To qualify under Section 354, the transferee corporation must acquire “substantially all of the assets” of the transferor corporation, and any stock, securities or other property received by the transferor corporation must

LOVE

District Court, D. New Jersey · Jul 1, 2026

App’x 639, 642 (3d Cir. 2009) (vacating order granting motion to dismiss on qualified immunity grounds because the sparse complaint “failed to disclose whether the defendants’ actions did not violate a clearly established … constitutional right” and therefore “dismissal on qualified immunity grounds was premature.”

BASS v. PURDUE PHARMA L.P.

District Court, D. New Jersey · Feb 26, 2021

Plaintiffs allege that Ronald Bass, Sr. was “denied due process to call an expert witness for my defense or to file a motion in limine under the confrontation clause to establish … Judge Linares is also protected by judicial immunity. Dongon, 363 F. App'x at 155.

Borough of Palmyra, Board of Education v. F.C.

2 F. Supp. 2d 637 · District Court, D. New Jersey · Apr 22, 1998

The court is convinced that the Cs have established a likelihood of success on the merits of their claim. … The Supreme Court, however, clearly limited its decision to the facts before it and left open the possibility that in certain circumstances the failure to modify existing programs might constitute a violation of Section 504

SARAVIA v. DOE

District Court, D. New Jersey · Apr 28, 2021

Based on his affidavit of indigence and the absence of three qualifying dismissals within 28 U.S.C. … fundamental rule of jurisprudence having so important a bearing upon the construction of the Constitution of the United States that it has become established

United States v. City of Asbury Park

340 F. Supp. 555 · District Court, D. New Jersey · Feb 17, 1972

Virulence is also affected by the phenomenon known as the “reversion factor”; that is, when polio vaccine is ingested for immunization purposes, some virus excreted in the recipient’s feces will assume a more virulent form … Ballard Oil Co. of Hartford, supra, held that 33 U.S.C. § 407 established two separate, though related, offenses, and that the statutory language “whereby navigation shall or may be impeded or obstructed” qualifies only the

NEW JERSEY STAFFING ALLIANCE v. FAIS

District Court, D. New Jersey · Jul 26, 2023

of Labor & Workforce Development, from liability for damages in their individual capacities, Defendants have already foreshadowed that they will raise a qualified immunity defense, (ECF No. 18 at 13 n.5), that the Court … So, because Plaintiffs have shown that their members “will suffer at least some harm that cannot be compensated through an award of money damages” because of Defendants’ likely Eleventh Amendment and qualified immunities

Simmermon v. Gabbianelli

932 F. Supp. 2d 626 · District Court, D. New Jersey · Mar 18, 2013

To establish a class of one claim, the plaintiff must allege “that []he has'been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.” … The Court has not summarized the due process, legislative immunity, qualified immunity, punitive damages, and municipal liability aspects of its March 28, 2012 Opinion because these determinations are not relevant to the