Case law

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.

Equal Employment Opportunity Commission v. Westinghouse Electric Corp.

646 F. Supp. 555 · District Court, D. New Jersey · Oct 29, 1986

Employees with more than thirty years of Westinghouse service may qualify for “selected retirement.” … The record suggests, but does not clearly establish, however, that the employees were counselled that they would be eligible only for early retirement, and not for LIB benefits.

J.A. v. MONROE TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · Mar 31, 2022

Whether the ALJs Are Entitled to Judicial Immunity. The State Defendants argue that the ALJs sued in this matter are protected by judicial immunity and the Court agrees. … The parties do not appear to dispute that J.A. is a qualified individual with a disability.

RAMNANAN v. KEIFFER

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

The Supreme Court has held absolute immunity may apply to § 1983 suits, because “[i]f a prosecutor had only a qualified immunity, the threat of [such] suits would undermine performance of his duties.” … Such an official “bears a heavy burden of establishing entitlement to absolute immunity” due to “the presumption that qualified rather than absolute immunity is appropriate.” Odd v.

DOE v. VINELAND CITY BOARD OF EDUCATION

District Court, D. New Jersey · Mar 22, 2022

Whether the ALJs Are Entitled to Judicial Immunity. The State Defendants argue that the ALJs sued in this matter are protected by judicial immunity and the Court agrees. … The parties do not appear to dispute that L.D. is a qualified individual with a disability.

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.

Riley v. Kaye

664 F. Supp. 926 · District Court, D. New Jersey · Jul 30, 1987

provides that any person who, under color of state law, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … It is clearly established that damages are an appropriate form of relief for constitutional deprivations under § 1983. Carey v. Piphus, 435 U.S. 247 , 98 S.Ct. 1042 , 55 L.Ed.2d 252 (1978).

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

DIAZ v. CARSTARPHEN

District Court, D. New Jersey · Jul 24, 2023

Clearly, Defendants understand Plaintiff’s claim, and it is therefore not “impossible to understand.” … Therefore, the Third Circuit held Officer Hernandez was entitled to qualified immunity. Id. There was no question of supervisory liability in Lozano.

<font color="red">DO NOT FILE IN THIS CASE</font> TRANSFERRED TO CAMDEN - NEW CIVIL ACTION NO. 1:23-cv-603

District Court, D. New Jersey · Jan 22, 2024

Statements that accurately report or summarize the contents of a lawsuit enjoy a qualified immunity that can only be overcome by proof of malice. Arista Records, Inc. v. … In Salzano, for another, the New Jersey Supreme Court held that a newspaper story accurately reporting that a lawsuit had been filed, and summarizing the lawsuit’s allegations, was protected by qualified immunity because

PETERSON-DAILY v. CITY OF ASBURY PARK

District Court, D. New Jersey · Jul 22, 2025

Under Rule 12(c), “judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that [the movant] is entitled to judgment as a matter of law.” … While the Court recognizes Judge Troppoli’s potentially problematic policy, the Court, like in Figueroa, is “hard pressed to deviate from the well-established legal principles” that govern judicial immunity.

REDO v. THE STATE OF NEW JERSEY

District Court, D. New Jersey · Mar 4, 2024

State Defendants State sovereign immunity, however, “comprises more than just immunity from suit in federal court. It also includes a State's immunity from liability.” Lombardo, 540 F.3d at 195. … Thus, the VMHs are clearly sub-departments of the State that are not “persons” amenable to suit under §1983.

Branca v. Matthews

317 F. Supp. 2d 533 · District Court, D. New Jersey · Apr 28, 2004

Serrano, 367 N.J.Super. 450 , 843 A.2d 358, 364-65 (“We agree with the observation in James that in enacting AICRA, ‘the Legislature clearly intended to require that an injury be both permanent and serious to cross the verbal … It has already been established that range of motion tests alone, because of their subjective nature, do not suffice under the “objective, credible, evidence” standard established in Oswin.

BUNTING v. NEW JERSEY OFFICE OF THE STATE COMPTROLLER

District Court, D. New Jersey · Sep 20, 2019

Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception to the … Here, OSC, DMAHS, and MFD are immune from suit under the Eleventh Amendment because they are New Jersey state agencies established by the executive branch. See e.g., Ong v.

Sterling Davis Dairy v. Freeman

253 F. Supp. 80 · District Court, D. New Jersey · Oct 7, 1965

This circumstance Congress clearly wished to avoid. Under the Act and the milk order the burdens and consequent penalties for failure to abide by the elaborate scheme of reporting fall on the plaintiff. … Cf., discussion supra on the burden of establishing milk classification. 8 .

In Re the Complaint of Dillahey

733 F. Supp. 874 · District Court, D. New Jersey · Apr 19, 1990

It is submitted, therefore, that for a structure to come within the scope of the statute limiting liability, it should not only qualify as a “vessel” under the more traditional tests but, in addition, it should be engaged … Hence, this court will reluctantly issue a restraining order, and leave to Congress and the Supreme Court the question of the appropriateness of such immunity. An appropriate order will be entered.

Charles v. Reno

117 F. Supp. 2d 412 · District Court, D. New Jersey · May 9, 2000

Then, if the Court concludes Petitioner does not qualify for derivative citizenship, the Court will evaluate Petitioner’s Equal Protection arguments concerning the constitutionality of the INA provisions. II. … He is a child born out of wedlock, whose paternity has been established by legitimation.

COWAN

District Court, D. New Jersey · Apr 23, 2026

Grant recipients were required to contract with construction businesses admitted to the RREM program’s qualified pool of builders. (Id. ¶¶ 21, 44-45.) … Third, Defendants argue that they are entitled to qualified immunity. (Id. at 40-44.) The Court will only address the first argument because it agrees Plaintiffs’ § 1983 claims are time-barred.

ROBINSON v. PAULHUS

District Court, D. New Jersey · Jan 28, 2021

Alternatively, Plaintiff alleges these actions violated her “recognized and clearly established right to be free from unreasonable searches and intrusion into private matters within the meaning of the Fourth Amendment{[ … Finally, Defendants argue that the NJ TCA provides public officials with qualified immunity, (/d. at 26 (citing N.J. Stat.

FREEMAN v. HARRIS

District Court, D. New Jersey · Jun 28, 2021

“To establish a prima facie case of retaliation under Title VII . . . … The only activity she alleges that could qualify as a protected activity is her filing of complaints against her employer for “unlawful discrimination.” (ECF No. 1 at 3.)