Case law

Lithuanian Commerce Corp. v. Sara Lee Hosiery

177 F.R.D. 245 · District Court, D. New Jersey · Dec 4, 1997

Cummiskey establishes his qualifications through a Curriculum Vitae. LCC has not provided a list of Mr. … Rackiene to more clearly set forth the methodology for the wear tests does cause some concern.

LEWIS v. PAONE

District Court, D. New Jersey · Jan 10, 2020

In determining whether an act qualifies as a “judicial act,” courts look to “the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectation of the parties, i.e., whether … Taylor, 477 U.S. 131, 137 (1986) (“[i]t is well established that private citizens can neither bring a direct criminal action against another person nor can they petition the federal courts to compel the criminal prosecution

Cevdet Aksüt Oğullari Koll. Sti v. Cavusoglu

245 F. Supp. 3d 650 · District Court, D. New Jersey · Mar 28, 2017

LEGAL STANDARD Pursuant to Federal Rule of Civil Procedure 12(c), judgment on the pleadings will be granted only if “the. movant clearly establishes there are no material issues of fact, and he is entitled to judgment as … The court declined to follow “the Baseman rule” because it amounted to “immunity for U.S. corporations who, acting entirely in the United States, violate *657 civil RICO at the expense of foreign corporations doing business

CONTE v. GOODWIN

District Court, D. New Jersey · Jun 22, 2020

Third, Defendants assert that they are entitled to qualified immunity as government officials. (Id. at 5–6.) … Finally, qualified immunity, if proven at trial, would constitute a meritorious, complete defense.

EL v. ATLANTIC CITY FREEHOLDERS/BOARD OF COMMISSIONERS

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

Defendants, in their answer to the amended complaint, have set forth the defense of qualified immunity, which is a potentially meritorious complete defense to Plaintiff’s civil rights claims under 42 U.S.C. § 1983. … App'x 953, 958 (10th Cir. 2014) (finding qualified immunity was potentially meritorious defense to justify vacation of entry of default).

Guidotti v. Legal Helpers Debt Resolution, L.L.C.

74 F. Supp. 3d 699 · District Court, D. New Jersey · Dec 3, 2014

As we have stressed in other contexts, a party’s waiver of statutory rights “must be clearly and unmistakably established, and contractual language alleged to constitute a waiver will not be read expansively.” … Second, the arbitration clause gives Defendants the unilateral right to select the “qualified independent arbitrator^]” (Pl.’s App., Pa000027.)

IDEA Boardwalk, LLC v. Revel AC, Inc. (In re Revel AC, Inc.)

525 B.R. 12 · District Court, D. New Jersey · Jan 21, 2015

Revel AC, Inc., Civil Action No. 15-xxx (JBS), similarly operated an array of food, liquor, and retail establishments within the Debtors’ casino, in connection with multiple “Lease” Agreements. 3. … The two sections thus work in harmony to establish that the lessee’s appurtenant rights may not be terminated by rejection and must be taken into account in any proposed free and clear sale.

GREEN-BEY v. ATLANTIC COUNTY

District Court, D. New Jersey · Jun 6, 2022

In this matter, Plaintiff doesn’t clearly identify what parties truly had any part in the alleged “wrongs.” … Finally, the Court notes that several of the named Defendants may also be entitled to immunity in this matter. The state judge and court Defendants, for example, are almost certainly immune from suit.

OOM INC. v. United States

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

This Court also determined that Plaintiffs failed to establish that any other waiver of sovereign immunity applied to their remaining claim. Id. at 7-8. … This claim is substantively identical to the Declaratory Judgment Act claim in the FAC and this Court previously determined that Plaintiffs had failed to establish that any waiver of sovereign immunity applied to the count

Dalton, Dalton, Little, Inc. v. Mirandi

412 F. Supp. 1001 · District Court, D. New Jersey · May 19, 1976

The rule is long established. See Morris v. Muller, 113 N.J.L. 46 , 172 A. 63 (E&A, 1934); Cameron v. … Even if it did, plaintiff would not qualify because its powers under its Maryland charter include both professional and business activities.

GRANT v. UNITED STATES OF AMERICA

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

Itis well established that the United States is not subject to suit for constitutional torts, including the civil rights claims Plaintiff seeks to raise, and is entitled to absolute sovereign immunity. … As explained by the Honorable Kevin McNulty in dismissing the same type of claim brought by another federal pretrial detainee, the standing orders at issue here “were clearly issued in a judicial rather than.administrative

LACKNER v. United States

District Court, D. New Jersey · Jan 28, 2025

Defendants have the burden to establish the applicability of an exception to the FTCA’s waiver of sovereign immunity, which deprives a court of jurisdiction. Id.; Baer v. … The Third Circuit held the qualified immunity analysis is inapplicable to the FTCA’s discretionary function exception analysis because “FTCA claims premised on conduct that is plausibly alleged to violate the Constitution

FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION v. GREWAL

District Court, D. New Jersey · Jun 21, 2022

Dec. 16, 2010) {noting that states hold onto their “authority in establishing eligibility requirements for qualified retired law enforcement officers”). … § 926C(c), Similarly, the identification requirement is clearly defined under Section 926C(d).

Eggert v. Tuckerton Volunteer Fire Co. No. 1

938 F. Supp. 1230 · District Court, D. New Jersey · Sep 4, 1996

It establishes TVFC as the duly appointed Are department for the Borough. Tuckerton Code, Ord. No. 75 § 10-1 et seq. … This dispute clearly presents a genuine issue of material fact that precludes summary judgment.

Rouse v. Harris

482 F. Supp. 766 · District Court, D. New Jersey · Jan 14, 1980

Although the statute clearly authorizes the Secretary to permit a party to file an action challenging the Secretary’s final decision more than sixty days from the date of mailing, the court does not believe that the Appeals … Plaintiff’s constitutional argument involves the assertion that the statutory test which illegitimate children must meet to qualify for child’s insurance benefits places a burden on illegitimate children that legitimate children

Casper v. SMG

389 F. Supp. 2d 618 · District Court, D. New Jersey · Oct 5, 2005

“The rule prohibiting experts from providing their legal opinions or conclusions is ‘so well established that it is often deemed a basic premise or assumption of evidence law- a kind of axiomatic principle.’ … A at p. 1) Such proposed testimony is clearly a conclusion of law necessarily resulting from legal analysis.

KHAWAM v. NEW JERSEY LAWYERS FUND FOR CLIENT PROTECTION

District Court, D. New Jersey · Feb 27, 2025

Absolute immunity is “strong medicine,” and “the presumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties.” … It is the plaintiff’s burden to establish that the defendant’s conduct is “more than the occurrence of isolated or sporadic acts.” Id.

Department of Environmental Protection & Energy v. Gloucester Environmental Management Services, Inc.

866 F. Supp. 826 · District Court, D. New Jersey · Sep 1, 1994

Defendants contend that the 1988 NJDEPE regulatory definition contravenes “the legislature’s clearly expressed desire to exclude landfills like GEMS from its definition of ‘sanitary landfill.’ ” Owners & Operators’ Br., at … In order to qualify for additional payments under this subsection the claimant may not reduce the asking price by more than 2.5 percent per month after initial settlement with the Fund without written permission from the

TRAYNOR v. BILLHIMER

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

Here, OCPO was clearly performing its core functions of investigating crime when it investigated and prosecuted Plaintiff. … As the Fitchik factors are satisfied, sovereign immunity attaches to OCPO.

LEPPING v. COUNTY OF MERCER

District Court, D. New Jersey · May 25, 2021

McNally is entitled to qualified immunity because Plaintiff did not have a clearly established constitutional right to be free from arrest after exposing himself to a ten-year-old girl. … Chief District Judge 6 Because I find that Plaintiff’s arrest was supported by probable cause, I need not reach the questions of whether Defendants are entitled to qualified or prosecutorial immunity