Case law

Marshall v. Hendricks

103 F. Supp. 2d 749 · District Court, D. New Jersey · Jun 23, 2000

Habeas relief is inappropriate because petitioner has failed to show that clearly established Supreme Court precedent requires a con *776 trary result to that reached by the New Jersey courts. … Therefore, petitioner’s claims of ineffective assistance of counsel with regard to trial counsel’s death qualifying questions during jury voir dire are denied.

CREAMER v. LYNCH

District Court, D. New Jersey · Jun 2, 2022

immunity, and finally because Plaintiffs claims are barred by Heck v. … an deliberately indifferent to Plaintiff's needs or not under constitutional compulsion to provide medical assistance, this Court need not address Defendants’ arguments that they are entitled to qualified immunity or

MIKANDA v. CALVARY-SPV-I-LLC

District Court, D. New Jersey · Nov 18, 2024

§1915(e)(2)(B), and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or otherwise seeks relief from an immune defendant. … To establish jurisdiction, a pleading must either present a federal claim or trigger the court’s diversity jurisdiction, See Gibson v. Tip Towing & Recovery LLC, No. 23-2919, 2024 WL 658977 at *1 (3d Cir.

KENNEDY v. THE NEW JERSEY COURT SYSTEM

District Court, D. New Jersey · Sep 29, 2023

Most entities must affirmatively outline their compatibility with the Fitchnik factors, however it is well-established that “state courts, its employees, and the judges are entitled to immunity under the Eleventh Amendment … This Circuit requires that the result of the state court action be “effectively final” before the institution of the federal suit to qualify for the application of the Rooker-Feldman Doctrine.

Charles Noeding Trucking Co. v. United States

29 F. Supp. 537 · District Court, D. New Jersey · Oct 4, 1939

The word “final” however is used to qualify the phrase “Any * * * order” occurring in Section 205 (h). … Both of the cases cited are clearly distinguishable, however.

Palmer v. United States of America

District Court, D. New Jersey · Feb 1, 2022

Hess, 297 F.3d 310, 323 Gd Cir, 2002) (internal quotation omitted), Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless … “[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.

GAMBINO v. AHSA CASSANO

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

Qualified Immunity The Federal Defendants also assert they are entitled to qualified immunity on Plaintiff’s claims. … “[O]fficers are entitled to qualified immunity ... unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly

Pharmaceutical Sales and Consulting Corp. v. JWS Delavau Co., Inc.

106 F. Supp. 2d 761 · District Court, D. New Jersey · Jul 21, 2000

We conclude that DiBenedetto’s failure to obtain a direct benefit from the scheme would not immunize DiBenedetto, Sadlon, and PSCC from the reach of the Bribery Statute. … Second, PSCC has failed to establish how it is unduly prejudiced by the deaths of DiBenedetto and Sal Daleo.

Estate of Zienowicz v. Metropolitan Life Insurance

205 F. Supp. 2d 339 · District Court, D. New Jersey · Jun 13, 2002

Consequently, because the plan documents clearly name South as the beneficiary, South is the rightful beneficiary of the policy. … It is undisputed that the divorce judgment here does not qualify as a QDRO.

Churchill v. International Business MacHines, Inc., National Service Division

759 F. Supp. 1089 · District Court, D. New Jersey · Apr 16, 1991

The Seventh Circuit concluded that the district court did not clearly err in determining that the EEOC’s regression analy-ses were not probative of sex discrimination in wages. See also Coser v. … find qualified candidates to fill three of the challenged positions.

EMERSON

District Court, D. New Jersey · Nov 5, 2025

“The scope of immunity is broad.” Id. … But this immunity is not absolute.

LANS

District Court, D. New Jersey · Dec 4, 2025

It is well-established that employees of the Superior Court that are sued in their official capacity are entitled to protection under the State’s sovereign immunity. See Beckett v. Vega, Civ. … It is well-established that “judges are generally immune from a suit for money damages.” Figueroa v. Blackburn, 208 F.3d 435, 440 (3d Cir. 2000).

Laresca v. American Telephone & Telegraph

161 F. Supp. 2d 323 · District Court, D. New Jersey · May 10, 2001

To establish a pri-ma facie case of failure to accommodate under the LAD, Plaintiff must prove that: (1) he was handicapped within the meaning of the law; (2) he was qualified to perform the duties of his position and had … To establish a prima facie case of unlawful discharge under the LAD, Plaintiff must prove that: (1) he was handicapped within the meaning of the law; (2) he was qualified to perform the duties of his position and had been

Barroso v. Lidestri Foods, Inc.

937 F. Supp. 2d 620 · District Court, D. New Jersey · Mar 28, 2013

Here, Plaintiff has' failed to establish that a genuine issue of material facts exists from which a jury could find that Shaw qualifies as a “supervisor” under the NJLAD for purposes of holding Lidestri vicariously liable … Plaintiff contends that in this case “there clearly exist genuine issues of material fact as to whether Defendant implemented an effective anti-harassment policy.” (Id.)

Gutierrez v. Johnson & Johnson

467 F. Supp. 2d 403 · District Court, D. New Jersey · Dec 19, 2008

There must be equal opportunity for employment development [a]nd advancement for the qualified.” … Numerosity Records produced by Defendant indicate that the proposed class encompasses approximately 8,600 current and former employees, clearly establishing numerosity. See Stewart v.

K.N. ex rel. J.N. v. Gloucester City Bd. of Educ.

379 F. Supp. 3d 334 · District Court, D. New Jersey · Mar 29, 2019

jurisdiction of this state shall be entitled to the full and equal accommodations, advantages, facilities and privileges of any places of public accommodation, resort or amusement, subject only to the conditions and limitations established … Again, by its plain text, NJLAD would clearly apply to an ASP provided by a New Jersey public school.

Szemple v. University of Medicine & Dentistry

162 F. Supp. 3d 423 · District Court, D. New Jersey · Feb 8, 2016

If plaintiffs counsel erred — and, as established below, I do not believe they did— their inadvertence should not be visited on the client. … Unlike Section 41, Section 27 does not clearly prescribe the breadth of the area of professional expertise. It refers only to the “general area or specialty involved hi the action.”

T. I. McCormack Trucking Co. v. United States

251 F. Supp. 526 · District Court, D. New Jersey · Feb 7, 1966

The appropriate dimensions of this Court’s scrutiny in reviewing Commission Orders is well established. … This assertion that inconsistency is beyond our purview must be qualified, for it challenges the basic philosophy of judicial review for administrative agencies.

RIZAS v. DEJOY

District Court, D. New Jersey · Jun 30, 2023

For her disparate-treatment claims, Plaintiff must establish that (1) she is a member of a protected class, i.e., that she is African American and older than the age of forty; (2) she was qualified for the position at issue … To establish a prima facie case of age discrimination, Plaintiff must demonstrate that “(1) [he or she] is over forty, (2) is qualified for the position in question, (3) suffered from an adverse employment decision,

REAVIS v. HICKS

District Court, D. New Jersey · Jun 5, 2020

Plaintiff has established his financial eligibility to proceed without prepayment of the filing fee. His application to proceed in forma pauperis (Dkt. … [,] or the state waives its own immunity.”