Case law

TOMMOLILLO v. COLUMBIA BANK

District Court, D. New Jersey · Mar 28, 2024

First, Plaintiffs’ asserted claims against the SBA Defendants clearly all arise from alleged contractual rights rather than sounding in tort. … As this is clearly a request for injunctive relief, and injunctive relief against the SBA is barred by sovereign immunity, Plaintiffs’ claim for equitable estoppel must be dismissed with prejudice. v.

Cohn v. G.D. Searle & Co.

598 F. Supp. 965 · District Court, D. New Jersey · Dec 7, 1984

It was well established as a matter of federal law that a state may not discriminate against a foreign corporation engaged in interstate commerce merely because it has failed to qualify to do business in that state. … She applied the first Chevron test (without reference to the gloss which Johnson may have put upon it) and concluded that Coons I established a new rule of law.

Baslee Products Corp. v. United States Postal Service

356 F. Supp. 841 · District Court, D. New Jersey · Mar 21, 1973

McGavack] is obviously well qualified to testify concerning the matters involved here. … It is clearly untrue.

In Re G-1 Holdings Inc.

420 B.R. 216 · District Court, D. New Jersey · Nov 12, 2009

Each of the Debtors was and is qualified to be a debtor under section 109 of the Bankruptcy Code. … Constitution had abrogated sovereign immunity in the bankruptcy court.

South Camden Citizens in Action v. New Jersey Department of Environmental Protection

254 F. Supp. 2d 486 · District Court, D. New Jersey · Apr 16, 2003

ordinance, regulation, custom, or usage, of any State ... 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 … I believe that the district court was clearly correct in concluding that plaintiffs can demonstrate a ‘reason *492 able probability of success’ on the merits.” Id. at 799. 4 .

SALVADOR v. CITY OF UNION CITY

District Court, D. New Jersey · Jun 30, 2025

whether the right was ‘clearly established’ at the time of the official’s conduct.” … Because Plaintiffs fail to sufficiently allege the “constitutional violation” prong, the Court does not engage in further analysis of qualified immunity.)

SCHENCK-FAISON v. CITY OF NEWARK

District Court, D. New Jersey · Nov 8, 2024

Yet, their brief identifies two defenses they intend to assert: qualified immunity and immunity pursuant to the New Jersey Tort Claims Act. (See ECF No. 51 at 19-20). … While the Court does not opine on the merits of these defenses, if established, immunity-based defenses could provide a complete defense to Plaintiff’s claims.

Magistrini v. One Hour Martinizing Dry Cleaning

180 F. Supp. 2d 584 · District Court, D. New Jersey · Jan 4, 2002

Ozonoff clearly is qualified to testify as an expert in this case. 2. Dr. Ozonoffs Opinion a. Dr. Ozonoffs October 1, 1997 Report Dr. Ozonoffs testimony is proffered to establish the medical cause of Ms. … “[A] broad range of knowledge, skills and training qualify an expert as such.” Paoli, 35 F.3d at 741 . This Court finds that Dr. Jandl is qualified to opine on the issue of medical causation in this case. 2.

MURRAY v. DEJOY

District Court, D. New Jersey · Sep 17, 2025

Additionally, the statute defines an “independent establishment” as “an establishment in the executive branch (other than the United States Postal Service or the Postal Regulatory Commission).” 5 U.S.C. § 104(1) (emphasis … Sovereign Immunity “The doctrine of sovereign immunity bars all suits against the United States except where such immunity is explicitly waived by Congress.” Castoran v.

In Re Cendant Corp. Litigation

60 F. Supp. 2d 354 · District Court, D. New Jersey · Jul 27, 1999

Plaintiffs have established a prima facie § 11 claim against the CUC defendants, McLeod, and E & Y. … The HFS defendants’ argument that they are immune from liability because they were entitled to rely upon E & Y’s expert evaluation of the financial statements is an affirmative defense which requires a factual inquiry inappropriate

DURHAM v. KELLEY

District Court, D. New Jersey · Oct 13, 2021

Eleventh Amendment Immunity As an initial matter, Plaintiff brings claims against Defendants in their official and individual capacities. (See ECF No. | J§ 5-20.) … “To establish a claim under 42 U.S.C. § 1983, a plaintiff must demonstrate a violation of a right protected by the Constitution or laws of the United States that was committed by a person acting under the color of state

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.

Bacon v. Secretary of Health and Human Services

786 F. Supp. 434 · District Court, D. New Jersey · Mar 13, 1992

was not clearly foreshadowed____ (Id. at 106, 92 S.Ct. at 355 ) (citations omitted). … Melkonyan establishes a new principle of law that clearly overrules the procedure that existed in the Third Circuit prior to the decision.

SHAIKH v. GERMADNIG

District Court, D. New Jersey · May 6, 2025

On April 30, Chief Judge Bumb indicated her receipt of the letter, and expressed that Plaintiff, who has “knowledge of the doctrine of judicial immunity” “is acting in bad faith, and with an improper purpose,” clearly … Plaintiff also cites three Supreme Court cases and one Arizona state appellate court case about judicial immunity. (Mot. at 4.)

ORTIZ v. DEJOY

District Court, D. New Jersey · Oct 15, 2024

. § 1915, the Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … Because Plaintiff sufficiently establishes his inability to pay, the Court will GRANT his IFP application. See D.E. 1-1.

AGNITA HOIST v. ATHENA BITCOIN ATM

District Court, D. New Jersey · May 2, 2024

June 29, 2020) (finding the Treasury Department is “clearly” an “arm[] of the state for immunity purposes”); May v. Irvington Police Dep’t, Civ. No. 15-764, 2016 WL 236212, at *2 (D.N.J. … In this case, Plaintiff has failed to establish that Treasury owed any duty to Plaintiff; breached a duty; or proximately caused any damages.!?

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

Torres v. Lucca's Bakery

487 F. Supp. 2d 507 · District Court, D. New Jersey · May 22, 2007

Indeed, Savukinas’ testimony regarding the email clearly indicates that Oshikiri determined which safety standards were followed: I went to Mr. … Wilcox is not qualified as an expert to testify about the issues in this case.

THORPE v. STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVSION OF PENSIONS AND BENEFITS

District Court, D. New Jersey · Oct 11, 2024

The Court held that naming Ignatowitz and Kelly did not overcome the Eleventh Amendment bar previously identified, as Plaintiff did “not clearly allege how Mr. Ignatowitz and Mr. … Here, Plaintiff’s IFP application establishes her inability to pay the filing fee, as the application states that Plaintiff has a monthly income of only $2,802 and liquid assets worth only several hundred dollars, but

Ewell v. NBA Properties, Inc.

94 F. Supp. 3d 612 · District Court, D. New Jersey · Mar 23, 2015

“[Ojbviously, clearly, there would be some — a lot of questions if I showed up beat up in NBA Properties media trailer.” (Id. at 206). … Was Hewitt qualified for the job? Was the job given to a less qualified person of another race? Ewell offers nothing from which discrimination can be inferred.