Case law

Nolan v. Judicial Council of Third Circuit

346 F. Supp. 500 · District Court, D. New Jersey · Jul 29, 1972

O’Neill, is a competent and well qualified attorney and has no conflict of interest with respect to Schiavone Construction Co., I direct that Mr. … whether or not review may be available in other courts in other circumstances, the fact that Judge Shaw considered the resolution and acted upon it in issuing his May 2 order, from which an appeal has been taken, makes it clearly

Jerry L. King, Jr. v. NASA Federal Credit Union

District Court, D. New Jersey · Feb 10, 2026

King’s affidavit in support of the Application sufficiently establishes an inability to pay the Court’s fees. 3. … “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

Forcella v. City of Ocean City

70 F. Supp. 2d 512 · District Court, D. New Jersey · Nov 17, 1999

(establishing the Police Department); see generally, Pollock v. … Clearly, the facts of this case are distinguishable from those of Feinberg v. State, 137 N.J. 126 , 644 A.2d 593 (1994).

Grant v. Coca-Cola Bottling Co. of New York, Inc.

780 F. Supp. 246 · District Court, D. New Jersey · Oct 16, 1991

Foreseeability of a prospective benefit to a third party is not enough to establish a third party’s rights. … This paragraph, quoted in full, clearly does not confer third-party benefits on applicants for substitute distributorships. 1 *250 Plaintiff has also failed to make out a valid estoppel claim in Count 3 of his complaint.

CARBONARO v. GLASSBORO POLICE DEPARTMENT

District Court, D. New Jersey · Apr 5, 2023

As for the prosecutor’s office, the Complaint establishes that the Gloucester County Prosecutor’s Office “is charged with the responsibility of establishing and enforcing policies … immunity.

RODRIGUES v. MAIN

District Court, D. New Jersey · Dec 31, 2024

In their qualified immunity arguments, the DOC Defendants frame the right at issue as the right to go to the Annex for group religious services. … Fourth, to the extent Defendant Main or the DOC defendants seek qualified immunity, they must provide more than legal boilerplate and general claims that there are no relevant cases on point.

Gensheimer v. Dulles

117 F. Supp. 836 · District Court, D. New Jersey · Jan 22, 1954

Whether or not the plaintiff took the prescribed oath is immaterial ; the oath was a concomitant of his conscription, and if it was taken, it was taken under circumstances clearly tantamount to duress. VÍ. … It has been uniformly held that this “language is to be qualified, however, by the settled doctrine * * * that expatriation can be the consequence only of voluntary action.” Perri v.

FISHER v. COUNTY OF MERCER

District Court, D. New Jersey · Jul 31, 2024

Therefore, the Court does not address Defendants’ arguments that Plaintiff fails to state a claim for relief against Warden Ellis in his individual capacity or that Ellis is entitled to qualified immunity, which is only … Callahan, 555 U.S. 223, 244 (2009) (“The principles of qualified immunity shield an officer from personal liability when an officer reasonably believes that his or her conduct complies with the law.”); Brandon v.

CRISDON v. NORTH GATE II

District Court, D. New Jersey · Jan 31, 2025

§ 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.

Monroe v. Host Marriot Services Corp.

999 F. Supp. 599 · District Court, D. New Jersey · Apr 7, 1998

Even if Monroe’s defamation claims were not barred by the statute of limitations, O’Hare and Crowley-Jacinto are clearly protected in making the alleged statements by a qualified privilege. … The cause of action is clearly directed against Crowley-Jacinto.

Public Interest Research Group of New Jersey, Inc. v. Federal Highway Administration

884 F. Supp. 876 · District Court, D. New Jersey · Mar 20, 1995

When appropriately documented, additional projects may also qualify as CE’s pursuant to § 771.117(d). (c) Class III (EA’s). Actions in which the significance of the environmental impact is not clearly established. … The burden of establishing substantial environmental issues is on Plaintiffs. Id. at n. 24. In order to satisfy their burden, they must establish a deficiency in the administrative record. Id. (citation omitted).

Banks v. Fauver

801 F. Supp. 1422 · District Court, D. New Jersey · Sep 11, 1992

immunity doctrine. … immunity doctrine, and the Eleventh Amendment.

FALCO v. ZIMMER

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

App’x 294, and Defendants do not dispute that the rights asserted by Plaintiff are clearly established.32 Rather, Tooke and Zimmer argue they are entitled to qualified immunity because they acted in good faith and did … The application of qualified immunity is inappropriate at this stage. E.

LIU v. LU

District Court, D. New Jersey · May 29, 2024

° The Court recognizes Lazovick’s arguments that he is entitled to absolute and qualified immunity. (Lazovick Mot. Dismiss 13-15.) … Feb. 1, 2024) (“The Court stops its analysis here because a qualified immunity defense, for example, requires a Court to assess ‘whether the facts alleged []in the context of a motion to dismiss ... make out a violation

United States v. Phillipsburg National Bank & Trust Co.

306 F. Supp. 645 · District Court, D. New Jersey · Feb 27, 1970

Illustration by excerpts from testimony of some of the witnesses 5 clearly establishes the fact that a larger bank could improve the present inadequate bank lending and trust service. … The foregoing are only a few excerpts from a volume of evidence which *666 clearly establishes the inadequacy of loan service and trust service available in the community and the need for improvement in that aspect of local

Lanni v. State

177 F.R.D. 295 · District Court, D. New Jersey · Jan 16, 1998

The Daubert standard clearly applies to scientific expert testimony. Paoli II, 35 F.3d at 741 . … Essentially, the Supreme Court established an “abuse of discretion” standard of review for decisions excluding or permitting expert opinion.

RAMIREZ CAAL v. TRENTON

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

App’x at 516 (federal employees may be sued under Bivens in their individual capacities, subject to the qualified immunity defense); Debrew v. Auman, 354 Fed. App’x 639, 641 (3d Cir. 2009) (same); Balice v. … App’x 158, 163 (3d Cir. 2007) (holding it clearly established that choking, hitting on the head and kicking an arrestee after he or she is restrained on the ground constitute forms of excessive force); Noble v.

In Re National Credit Management Group, L.L.C.

21 F. Supp. 2d 424 · District Court, D. New Jersey · Mar 25, 1998

“An advertiser’s good faith does' not immunize it from responsibility for its misrepresentations.... ” World Travel, 861 F.2d at 1029 (quotation omitted). … and/or re-establish ... credit.”

Association for Fairness in Business Inc. v. New Jersey

82 F. Supp. 2d 353 · District Court, D. New Jersey · Feb 8, 2000

Because this report fails to establish discrimination on the part of casino licensees, the State, in relying on it, has failed to establish a compelling interest in remedying that alleged discrimination. … Thus, even if the Commission’s report were accepted as evidence of discrimination in the casino industry, the remedy established by the Casino Control Act is clearly out of sync with the extent of the discrimination that

DENNIS v. MYLIFE.COM, INC.

District Court, D. New Jersey · Dec 20, 2021

In this case, Plaintiffs assert that Defendant has failed to establish the first and third requirements for Section 230 immunity. Pls. Supp. Br. I at 7. … [where] Defendants qualify for the immunity.”