Case law

United States v. General Electric Co.

115 F. Supp. 835 · District Court, D. New Jersey · Oct 2, 1953

Quite clearly the present case is not like those just cited, for even though *865 General Electric is the giant of the incandescent lamp industry, it did not, as -was explained in the opinion in this case, achieve its position … This contention is not established by the evidence.

ACUNA-VIALES

District Court, D. New Jersey · May 21, 2026

Marasco, 318 F.3d 497, 505—06 (3d Cir, 2003) (qualified immunity does not apply where officers violate clearly established constitutional rights); United States v. Tracey, 597 F. … Absolute prosecutorial immunity does not extend, however, to a prosecutor’s investigative or administrative functions—that is, acts taken prior to the establishment of probable cause or outside the adversarial process.

HINES v. VERIZON WIRELESS COMMUNICATIONS

District Court, D. New Jersey · Jul 12, 2024

Such attachments clearly do not constitute a “short and plain statement” showing Plaintiff is entitled to relief and thus mandate dismissal in violation of Rule 8. See Roy v. … Plaintiff fails to allege a nexus between Defendant’s alleged conduct and the state to qualify Defendant as a state actor.”

Zitter v. Petruccelli

213 F. Supp. 3d 698 · District Court, D. New Jersey · Sep 30, 2016

Defendants move to dismiss all claims on the basis of Eleventh Amendment and qualified immunity. They further seek to dismiss Plaintiffs complaint for failure to state a claim. II. … The Court also need not reach the issue of qualified immunity. *706 A. Malicious Prosecution Plaintiff alleges that Defendants instituted a criminal action against him without probable cause. (Am. Compl. ¶¶ 194, 186).

Damiano v. Sony Music Entertainment, Inc.

168 F.R.D. 485 · District Court, D. New Jersey · Aug 6, 1996

As the Third Circuit has stated, ‘“[g]ood cause is established on a showing that disclosure will work a clearly defined and serious injury to the party seeking closure. The injury must be shown with specificity.’” Id. … A Reporter has a “Qualified” Privilege to Protect His/Her News Gathering Material.

Dennis v. County of Atlantic County

863 F. Supp. 2d 372 · District Court, D. New Jersey · Mar 28, 2012

To prove either claim, a plaintiff must first establish a prima facie case of discriminatory discharge by showing: (1) he is disabled or perceived to have a disability; (2) he was otherwise qualified to perform the essential … As stated above, the viability of Dennis’s NJLAD claim depends on whether he can establish the second element of his prima facie case: that he was otherwise qualified to perform the essential functions of the job, with or

Licenziato v. United States

889 F. Supp. 162 · District Court, D. New Jersey · Mar 31, 1995

The doctrine of Sovereign Immunity bars suit against the United States without its consent. United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349, 1351 , 63 L.Ed.2d 607 (1980). … The result of requiring a jury trial where the extent of the injury is clearly a minor one would perpetuate a system of unnecessary litigation ...

Vista India v. RAAGA, LLC

501 F. Supp. 2d 605 · District Court, D. New Jersey · Aug 7, 2007

It is important to establish the correct time-line regarding Vista’s and Raaga’s use of the RAAGA mark. … Two of the three articles clearly indicate that they were published in 2000.

Transcontinental Gas Pipe Line Corp. v. Borough of Milltown

93 F. Supp. 287 · District Court, D. New Jersey · Sep 23, 1950

largely within the orbit of its control it has left to the states some power of regulation with respect thereto. 3 However, the regulatory powers of Congress over the transportation of natural gas in interstate commerce clearly … Neither is qualified to testify as to the engineering feasibility of the transportation of natural gas with relation to the installation of the pipe line or the maintenance and operation thereof.

Floorgraphics, Inc. v. News America Marketing In-Store Services, Inc.

546 F. Supp. 2d 155 · District Court, D. New Jersey · Feb 5, 2008

Wills clearly does not have “thin” qualifications. On the contrary, Mr. Wills qualifications should not even be at issue. … McLaughlin, although intermittently qualified in the field of store marketing, failed to use an acceptable methodology to establish causation in this business torts case.

United States v. Michael

456 F. Supp. 335 · District Court, D. New Jersey · Aug 17, 1978

Such travel with intent to commit bribery, arson or extortion is clearly proscribed by the very language of section 1952. See United States v. Nardello, supra; United States v. … A similar statutory immunity, immunizing from prosecution for criminal abortion any person who gives testimony against another participant in' the crime, was held to be plain evidence of an affirmative legislative policy

WEMUSA v. KIRSCH

District Court, D. New Jersey · Jun 23, 2021

In his Complaint, Plaintiff therefore seeks to hold Defendants liable for actions taken where Defendants were clearly acting within the scope of their duties as state court judges. … As Defendants were acting within the scope of their judicial duties and clearly had jurisdiction, they are absolutely immune from suit and Plaintiff’s Complaint against them must be dismissed with prejudice for that reason

SCHLOSSER

District Court, D. New Jersey · Jul 30, 2026

Div. 2003)) (concluding that a product seller must establish “that it had no ‘significant responsibility’ for the alleged defect”). … Appx. 207, 210 (3d Cir. 2013) (fraudulent joinder when claim was clearly barred by Pennsylvania Workers’ Compensation Act); Roggio v. McElroy, Deutsch, Mulvaney & Carpenter LLP, 415 Fed.

GUZMAN v. CITY OF NEWARK

District Court, D. New Jersey · Apr 7, 2022

A plaintiff must allege facts that “establish each individual [d]efendant’s liability for the misconduct alleged.” Id. … A plaintiff must also establish an agreement and the existence of an underlying wrong to establish a claim for civil conspiracy under New Jersey law. Banco Popular N.A. v. Gandi, 184 N.J. 161, 177-78 (2005).

Dorney v. Dairymen's League Cooperative Ass'n

149 F. Supp. 615 · District Court, D. New Jersey · Mar 13, 1957

This blast at the DAIRYMEN’S LEAGUE NEWS for its exercising an editorial prerogative was punctuated with additional blasts at all established farmer cooperatives for ‘exploitation of its members’ and apparently, for not championing … Crowley’s, Inc., 5 Cir., 1942, 128 F.2d 378 , 380: “A petition may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or of facts

Perez v. Cucci

725 F. Supp. 209 · District Court, D. New Jersey · May 2, 1989

How does a less qualified detective become a detective? How does a qualified detective wind up on patrol? How are promotions decided upon? Who works steady day tours with weekends off? … could not be ‘privileges and immunities.’

Young v. Malcolm

568 F. Supp. 839 · District Court, D. New Jersey · Jun 2, 1983

“charitable immunity” doctrine except for allowing recovery of a maximum of $10,000 to beneficiaries, to whatever degree, as the result of any one accident. … In the present case, Jacobson clearly does not apply by its own terms. The complaint charges the two doctors, Dr. Braun and Dr.

Boody v. Township of Cherry Hill

997 F. Supp. 562 · District Court, D. New Jersey · Dec 18, 1997

This evidence, however, when viewed in the light most favorable to plaintiff, does not establish a constitutional violation. … In response to the Cherry Hill Defendants’ motion, plaintiff cross-moved for partial summary judgment on the issues of his property interest in continued employment, qualified immunity of the individual defendants, and Moffett

WESTERN FUNDING, INC. v. SOUTH SHORE TOWING, INC.

District Court, D. New Jersey · Apr 14, 2021

Forsyth, 472 U.S. 511, 526 (1985) (stating these rules embody the doctrine of qualified immunity); Pearson v. … Callahan, 555 U.S. 223, 231 (2009) (stating the purpose of qualified immunity is “to shield officials from harassment, distraction, and liability when they perform their duties reasonably”); Wright v.

LEE v. GALLINA-MECCA

District Court, D. New Jersey · Sep 19, 2022

established on trial, would constitute a complete defense to the action.’” … Judge Gallina-Mecca’s acts were judicial in nature and therefore qualify for absolute judicial immunity. The second exception obviously does not apply either.