Case law

STRUNK v. HILLSBOROUGH TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · Mar 17, 2022

Rule 12(b)(1) governs the NJDOE’s motion to the extent it challenges Plaintiffs’ action on standing and immunity grounds. … The parties do not appear to dispute that H.S. is a qualified individual with a disability. (See ECF 32, 35).

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc.

141 F. Supp. 3d 298 · District Court, D. New Jersey · Oct 1, 2015

Best Capital Adequacy Ratio (“BCAR”) score, of 183.6, . which “qualifies [NJ PURE] for an A+ + (Superior) rating.” . Counterclaim ¶¶ 32-35. … Judgment on the pleadings pursuant to Rule 12(c) will be granted where the moving party clearly establishes there are no material issues of fact to be resolved, and that he or she is entitled to judgment as a matter of law

K.J. v. TOWNSHIP OF GALLOWAY

District Court, D. New Jersey · Sep 30, 2022

“[T]his provision qualifies the general declaration of immunity in Section 2–1(a).” Turner v. Twp. of Irvington, 63 A.3d 1233, 1239 (N.J. Super. Ct. App. Div. 2013). … The school district argued that, in order to be stripped of its immunity under § 59:2-1.3(a)(1), the plaintiff needed to establish that the school committed a “willful, wanton or grossly negligent” act in addition to showing

Estate of Connelly v. United States

398 F. Supp. 815 · District Court, D. New Jersey · Aug 5, 1975

Beyond that, the sense of the provision clearly limited its scope to the other patterns of the plan and policy. … In Rose, the decedent was trustee under a trust established by another.

United States v. Board of Educ. of City of Union City

697 F. Supp. 167 · District Court, D. New Jersey · Sep 26, 1988

Only a portion of each of these checks may clearly be established as damages, although the claim was undoubtedly false. The check for $70,000 was delivered to Mazziota-D’Agostino and returned to Orlando the next day. … However, not every false statement made to the government qualifies as a claim. United States v. Greenberg, 237 F.Supp. 439, 442 (S.D.N.Y. 1965).

COLLINS v. VOLUNTEERS OF AMERICA DELAWARE VALLEY INC

District Court, D. New Jersey · Aug 8, 2025

Plaintiff’s IFP application establishes his financial eligibility to proceed without prepayment of the filing fee and will be granted. I. … A private entity can only qualify as a state actor where it performs a “traditional” and “exclusive public function,” “when the government compels the private entity to take a particular action,” or “when

BHIMNATHWALA v. NEW JERSEY STATE JUDICIARY, FAMILY DIVISION

District Court, D. New Jersey · Dec 9, 2020

It is well-established “that judges are immune from suit under section 1983 for monetary damages arising from their judicial acts.” Gallas v. … Accordingly, Hopson and Heilman are not entitled to quasi-judicial immunity, but the claims against them clearly lack merit. c.

Stratmore v. United States

292 F. Supp. 59 · District Court, D. New Jersey · Oct 3, 1968

Such a situation, it seems to us, clearly establishes a proximate relationship between guaranties of the notes and the business operations under the management contract.” In Jaffe v. … In determining whether advances qualify as debt, later advances can be separated from the initial investment. See Huffstutler v. Commissioner, 12 TCM 1422 (1953).

RICHARDSON v. MCCORMICK

District Court, D. New Jersey · Apr 10, 2024

review an IFP plaintiff's complaint and dismiss the complaint if it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … A plaintiff must establish that (1) she was over forty years old at the time of discharge; (2) she was qualified for the position she was discharged from and was performing her duties satisfactorily; (3) her employment

Howley v. Mellon Financial Corp.

531 F. Supp. 2d 645 · District Court, D. New Jersey · Jan 29, 2008

Thus, with his year of participation in the Displacement Plan, Howley would qualify for early retirement as of June 1, 2006. … These arguments clearly present disputed issues of fact related to Mellon’s intent.

Deck House, Inc. v. New Jersey State Board of Architects

531 F. Supp. 633 · District Court, D. New Jersey · Feb 3, 1982

From the perspective of the public, it is clearly in its interest that only qualified persons practice as architects in New Jersey. … To be entitled to such immunity, “First, the challenged restraint must be ‘one clearly articulated and affirmatively expressed as state policy’; second, the policy must be ‘actively supervised’ by the state itself.”

Wei v. Bodner

127 F.R.D. 91 · District Court, D. New Jersey · Jun 7, 1989

Many other states have qualified peer review privileges as well. In Memorial Hospital for McHenry County v. … As will be discussed infra this qualified privilege exists as a matter of both New Jersey and federal common law.

DERRICK v. CUZZUPE<font color="red">DO NOT FILE IN THIS CASE</font>

District Court, D. New Jersey · Jul 18, 2023

With respect to Warden Cuzzupe, Plaintiff alleges he did not protect Plaintiff’s constitutional rights and that he also failed to provide training and qualified staff that treated pretrial detainees with dignity. … the requisite personal involvement to establish liability.”); Brown v.

Mallon v. Prudential Property & Casualty Insurance

688 F. Supp. 997 · District Court, D. New Jersey · May 10, 1988

Therefore, an employee may establish a prima facie case of age discrimination indirectly by proving by a preponderance of the evidence that “(1) he belongs to a protected class; (2) he was qualified for the position; (3) … The defendant was clearly aware of the condition of the Holmdel office and made this known to plaintiff.

Cleary Ex Rel. Cleary v. Waldman

959 F. Supp. 222 · District Court, D. New Jersey · Feb 25, 1997

By virtue of the Eleventh Amendment the State defendants are immune from suits for money damages and have no incentive to consider the retroactive effect of a judgment. … Prior to 1988 the eligibility rules governing spouses forced a couple to liquidate virtually all of their joint resources in order to qualify one of them for Medicaid.

Illingworth v. Nestle U.S.A., Inc.

926 F. Supp. 482 · District Court, D. New Jersey · May 21, 1996

Thus, he can establish no causal connection between his dyslexia and the decision to terminate him. … According to the Third Circuit, a decision is arbitrary and capricious if clearly erroneous or irrational. See Gillis v.

Weber v. Johns-Manville Corp.

630 F. Supp. 285 · District Court, D. New Jersey · Mar 13, 1986

Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 (1938), clearly holds that for a cause of action in strict liability to be proved, a plaintiff “must establish [1] that the product was defective, [2] that the defect arose … Consequently, “control” as used in the Scanlon formula cannot be read so narrowly as to immunize defendants who have managed to avoid actual contact with the defective product but must be understood more broadly to permit

United States v. Ewell

252 F. Supp. 2d 104 · District Court, D. New Jersey · Mar 21, 2003

The evidence clearly indicates that the FBI has imposed standards controlling its PCR/ STR testing in accordance with standards *115 set by the industry. … The Qualifications of the Government’s Expert There is no dispute that the Government’s Expert was qualified to testify as such.

Ballesteros v. New Jersey Property Liability Insurance Guaranty Ass'n

530 F. Supp. 1367 · District Court, D. New Jersey · Feb 5, 1982

If plaintiff’s interpretation of Section 526 of the Insurance Law were correct, then the statute would unconstitutionally qualify the Supreme Court’s power by establishing geographic boundaries on the power of a branch of … The court has dismissed plaintiffs constitutional arguments because they are clearly without merit.

Automatic Paper Machinery Co. v. Marcalus Mfg. Co.

54 F. Supp. 105 · District Court, D. New Jersey · Jan 12, 1944

It clearly appears from this record that there is “no genuine issue as to any material fact” within the meaning of the said rule. … The application of the rule is clearly circumscribed by the limitation.