Case law

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.

Acevedo v. Monsignor Donovan High School

420 F. Supp. 2d 337 · District Court, D. New Jersey · Feb 28, 2006

To establish a prima facie case of age discrimination under the ADEA, G. … Unless an individual qualifies as a plaintiffs “employer” as defined above, the ADEA does not provide for individual liability. See Holo-check v.

Veggian v. CAMDEN BOARD OF EDUCATION

600 F. Supp. 2d 615 · District Court, D. New Jersey · Feb 23, 2009

. § 185 provides Gordon with immunity from individual liability. … Defendants argue that Gordon acted at all relevant times in her capacity as president of the CEA and, therefore, is immune from liability.

SHIH v. UNITED COUNTIES ECONOMIC DEVELOPMENT CORPORATION

District Court, D. New Jersey · Dec 19, 2024

To establish a prima facie claim under the ECOA, a plaintiff must show that he (i) was a member of a protected class; (ii) applied for credit from defendant; (iii) was qualified for the credit; and (iv) was denied credit … First, nowhere in Plaintiff’s pleading does he clearly allege that his business9 qualified for the specific loan sought from Defendant. (See generally Am. Compl.).

United States v. Roebling

244 F. Supp. 736 · District Court, D. New Jersey · Jun 29, 1965

But these rights are granted only when the defendant is in the process of establishing a lifesaving station on the conveyed property. This is clearly expressed. … By definition a fee simple title cannot be qualified or limited, but carries with it full legal rights with respect to the property.

Rolax v. Whitman

175 F. Supp. 2d 720 · District Court, D. New Jersey · Nov 1, 2001

Rolax’s plaintive pleas to circumvent the clearly established fictitious defendant pleading procedures are unavailing. … To recover under 42 U.S.C. § 1983 , Rolax was required to establish that “a state actor engaged in conduct that deprived him of ‘rights, privileges, or immunities’ secured by the constitution [sic] or laws of the United States

Panarello v. City of Vineland

160 F. Supp. 3d 734 · District Court, D. New Jersey · Feb 8, 2016

is immune, but if Plaintiff established that the officers acted willfully, then N.J.S.A. 59:2-10 would immunize the City from liability on these claims.” … No defendant has moved for summary judgment on the grounds of qualified immunity.

NJ Dept. of Env. Prot. v. Gloucester Env. Mgt.

719 F. Supp. 325 · District Court, D. New Jersey · Aug 17, 1989

The Supreme Court has established three requisites for applying a decision only prospectively: (1) The holding must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied … The court dismissed EPA from this action because sovereign immunity barred the claim against it. A sovereign immunity defense is something more than a claim of no subject matter jurisdiction.

FERMAINTT EX REL. ESTATE OF LAWLOR v. McWane, Inc.

694 F. Supp. 2d 339 · District Court, D. New Jersey · Mar 5, 2010

In establishing the level of egregious conduct that amounts to an “intentional wrong,” the court created a two-prong test: a conduct and context prong. … As such, Plaintiff has not shown that Defendants’ conduct equates to an intentional wrong under the Workmen’s Compensation Act to qualify for removal of the bar from suit.

OTERO v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY

District Court, D. New Jersey · Aug 30, 2021

In determining the applicability of qualified immunity, a court must determine (i) whether the alleged facts demonstrate a violation of a constitutional right and (ii) whether that right was “clearly established at the … While qualified immunity shields government officials from claims unless both prongs are met, courts may address them in any order. Id. at 239–40.

Julie Ferreira v. Woodbridge Township; et al.

District Court, D. New Jersey · Jul 7, 2026

Such allegations are insufficient, as a matter of law, to establish the seizure element of a Fourth Amendment malicious prosecution claim. See Rainas v. … immunity.

JONES v. EZ PASS NJ/NY

District Court, D. New Jersey · Jun 22, 2023

Apr. 11, 2022) (“NJTA qualifies as an arm of the state and is therefore immune from suit under the Eleventh Amendment’). Such claims are, therefore, dismissed on Eleventh Amendment immunity grounds.’ See Blanciak v. … As such, Plaintiff fails to establish any basis on which the Court could infer fraudulent conduct by Defendants.

JONES v. EZ PASS NJ/NY

District Court, D. New Jersey · Jun 21, 2023

Apr. 11, 2022) (“NJTA qualifies as an arm of the state and is therefore immune from suit under the Eleventh Amendment”). Such claims are, therefore, dismissed on Eleventh Amendment immunity grounds.’ See Blanciak v. … As such, Plaintiff fails to establish any basis on which the Court could infer fraudulent conduct by Defendants.

Poust v. Huntleigh Healthcare

998 F. Supp. 478 · District Court, D. New Jersey · Mar 30, 1998

As a preliminary matter, a proponent of expert testimony must establish his expert is qualified and his testimony is admissible by a preponderance of the evidence. Daubert v. … Because our role as “gatekeeper” is clearly implicated here, we will now scruti *494 nize the basis for Benowitz’s conclusions.

GOFAN JUNIOR v. PEREKSTA

District Court, D. New Jersey · Nov 18, 2022

[The Court found Defendant Elmer was entitled to qualified immunity on Plaintiffs false arrest claim but found Defendant Elmer had not shown that he was entitled to qualified … The Court found Defendant was not entitled to summary judgment based on qualified immunity on Plaintiff's excessive force claim. (/d. at 9-17.)

ROMANIELLO

District Court, D. New Jersey · Mar 4, 2026

Plaintiff also argues that equitable tolling should apply to extend the two-year statute of limitations for his false arrest claim, and that a jury, not the court, must determine whether qualified immunity applies. … To establish a § 1983 municipal liability claim, a plaintiff “must demonstrate 8 Because Plaintiff’s claims for false arrest and malicious prosecution have been dismissed, the Court need not address the parties’ qualified

Baxter v. AT & T COMMUNICATIONS

712 F. Supp. 1166 · District Court, D. New Jersey · May 2, 1989

A.T. & T.’s motion is based on its contention that because the record, including plaintiffs deposition testimony itself, clearly establishes that plaintiff was unqualified and unable to perform as a computer programmer, plaintiff … In order to create an inference of discrimination, plaintiff must show that he was qualified to be a computer programmer and that he was performing his duties adequately, but that he was discharged in spite of this.

In Re Veterans' Air Express Co.

76 F. Supp. 684 · District Court, D. New Jersey · Mar 19, 1948

The test of whether navigable waters are subject to Congressional control is clearly set forth in most of the cases cited. … And the reasons which are *690 compulsive for establishing Congressional control of water navigation as a constitutionally established prerogative are, if anything, more cogent with regard to navigation of the air.

Samaroo v. Samaroo

743 F. Supp. 309 · District Court, D. New Jersey · Jul 17, 1990

The first of these two subsections outlines the information which a domestic relations order must contain: (C) A domestic relations order meets the requirements of this subparagraph only if such order clearly specifies— ( … Though reluctant to establish an all-encompassing rule for “pendent party” jurisdiction, the Court in Aldinger held that to assert such jurisdiction, “a federal court must satisfy itself not only that Art.

YAEGER v. SONG

District Court, D. New Jersey · Jun 20, 2024

She also argues that plaintiff has failed to state an Eighth Amendment claim against her and that she has qualified immunity for the claim “because there is no clearly established right to dental care to address subjective … Song’s qualified immunity argument.