Case law

Giordano v. MGC Mortgage, Inc.

160 F. Supp. 3d 778 · District Court, D. New Jersey · Feb 16, 2016

Oct. 30, 2015) (“[T]o the extent plaintiff incurred fees for postage, he cannot recover for mailing the qualified written request itself.”); Steele v. … Plaintiff’s Complaint clearly alleges that MGC has exhibited a pattern or practice of noncompliance with the requirements of RESPA.”) (citation omitted). .

THORNTON v. STATE OF NEW JERSEY

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

Plaintiff here explicitly asks the Court to resolve the underlying issues “giving rise to the proceeding,” (id.), which clearly references the state court custody matter. … Indeed, it is well-established that the immunity doctrine has been extended to “certain others who perform functions closely associated with the judicial process,” including “those who serve as arms of the court, fulfill

Eberhart v. LG Electronics USA, Inc.

188 F. Supp. 3d 401 · District Court, D. New Jersey · May 24, 2016

Nor does he allege prices for comparable televisions without the deceptive advertising or with clearly expressed, accurate refresh rates. … This matter clearly does not fall within this exception.

Miller v. Beneficial Management Corp.

776 F. Supp. 936 · District Court, D. New Jersey · Oct 18, 1991

Although Miller was a member of the protected class, Miller fails to establish she was qualified for the position and salary paid to Walsh. … Valley Forge Sewer Auth., 839 F.2d 171, 174 (3d Cir.1988) (“inability to establish satisfactory performance of his supervisory duties would ... preclude Spangle from establishing that he was qualified to assume the position

Educational Testing Service v. Katzman

631 F. Supp. 550 · District Court, D. New Jersey · Apr 2, 1986

Moreover, I fail to see any due process interest which would be served by such immunity. … At that meeting, Katzman admitted to having committed acts which would clearly provide the basis for a prima fade, case of copyright infringement and agreed to stop such activities.

MCCLINE

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

Holiday, 436 F.2d 1079, 1079 (3d Cir. 1971)); and WHEREAS a litigant “must establish that he is unable to pay the costs of his suit,” Hurst v. Shalk, 659 F. … App'x 133, 134 (3d Cir. 2016), and “bears the burden ‘to provide the Court with the financial information it needs to make a determination as to whether [they] qualify for IFP status.” Gray v.

United States v. Ben Grunstein & Sons Company

137 F. Supp. 197 · District Court, D. New Jersey · Jan 17, 1956

Thus (5) since the evidence in the case at bar clearly establishes the value of the meat, which defendant was under contract to , deliver, that value, less the value of the meat in fact delivered, is the just measure of the … For this recovery should • go under such facts, if, and when, liability is established. 1 .

United States Ex Rel. Haskins v. Omega Institute, Inc.

11 F. Supp. 2d 555 · District Court, D. New Jersey · Jul 2, 1998

Plaintiff has merely established that Marra was the teacher of the course and prepared the course description. … fail to qualify under Rule 41(a)(1).

MORRIS

District Court, D. New Jersey · Jun 3, 2026

See Exhibit 5 to Complaint at 50. 5 now, a qualified immunity analysis.'4 * * * … does not place the burden upon a litigant of establishing facts peculiarly within the knowledge of his adversary.”); Makdisi v. U.S. Dep’t of State, 2026 WL 1217053, at *9 (D.N.J.

Reiff v. Convergent Technologies

957 F. Supp. 573 · District Court, D. New Jersey · Feb 28, 1997

Kroemer reports, biomechanical research “clearly established” a connection between CTDs, keying force, repetition, and posture, and efforts were made to lessen required keying force and improve keying posture. … Thus, 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. See Daubert v.

JAMES v. THE SUPERIOR COURT OF NEW JERSEY

District Court, D. New Jersey · Jul 20, 2023

Fourth, and finally, Plaintiff's ADA claim, as alleged, is barred by sovereign immunity under the Eleventh Amendment. (ECF No. 54-3 at 21-28.) … If Plaintiff intended to plead such a claim, it was incumbent on him to say so clearly in his pleadings. See DeShields v. Int’l Resort Properties Lid., 463 F.

Blake Gardens, LLC v. New Jersey

309 F. Supp. 3d 240 · District Court, D. New Jersey · Feb 15, 2018

Blake Gardens and other developers had established over 20 such residences in New Jersey prior to the 2015 Act 2 . (Compl. ¶ 12). … Before this Court, the State moves to dismiss the Complaint based upon Eleventh Amendment immunity ( Fed. R. Civ. P. 12(b)(1) ). Before analyzing the jurisdictional issue, the scope of the Complaint is reviewed.

Franz v. Raymond Eisenhardt & Sons, Inc.

732 F. Supp. 521 · District Court, D. New Jersey · Feb 28, 1990

The defendant may demonstrate this in two ways: it may show that the plaintiff is unable to establish a prima facie case of discrimination; or, if the plaintiff has successfully established a prima facie case, the defendant … Clearly, the evi-dentiary value of the age of the replacement will depend on the other evidence of discrimination (direct and/or circumstantial) utilized in the attempt to establish the prima facie case. See Maxfield v.

VAN DUYNE v. KESSELMAN

District Court, D. New Jersey · Oct 20, 2020

immunity. … as qualified immunity, but in an official-capacity action, these defenses are unavailable).

HILL v. United States

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

App’x 466-67 (3d Cir. 2011) (“the United States Marshals Service is entitled to sovereign immunity from suit” absent an explicit waiver of sovereign immunity). … Those orders were clearly issued in a judicial rather than administrative capacity, notwithstanding Plaintiff’s assertion to the contrary, and Judge Wolfson is therefore absolutely immune from suit in this civil rights

Sarbak v. Citigroup Global Markets, Inc.

354 F. Supp. 2d 531 · District Court, D. New Jersey · Dec 21, 2004

Furthermore, there must be an unambiguous writing that clearly establishes that an employee intended to waive the right to sue. … 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.

Anzano v. Metropolitan Life Ins.

32 F. Supp. 417 · District Court, D. New Jersey · Apr 1, 1940

The proofs here fall clearly within the first clause. Gross v. Commercial Casualty Ins. Co., 90 N.J.L. 594 , 101 A. 169 ; Teitelbaum v. … The defense was not able to produce any evidence from qualified witnesses bearing upon the existence of syphilis dn the insured, and the defense here would rest upon the disclosure in the death certificate.

GITTENS v. PEPPER

District Court, D. New Jersey · Nov 14, 2024

§ 1915(e)(2)(B) and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … Although these grievances and other complaints Plaintiff has filed have not borne fruit, Plaintiff clearly has access to a remedy system where he may raise his claims, and the theft or loss of his property therefore does

DeJoy v. Comcast Cable Communications Inc.

968 F. Supp. 963 · District Court, D. New Jersey · Mar 21, 1997

In order to establish a prima facie case of discrimination, DeJoy must prove by a preponderance of the evidence (1) he belongs to a protected class, (2) he was qualified for the Vice President and General Manager positions … Finally, DeJoy, despite being qualified, has been replaced by two younger men. Defendants, moreover, concede, for the purposes of the instant motion, that DeJoy has established a prima facie case of age discrimination.

Lewis v. Guadagno

837 F. Supp. 2d 393 · District Court, D. New Jersey · May 3, 2011

Trans-Hudson Corp., 513 U.S. 30, 47 , 115 S.Ct. 394 , 130 L.Ed.2d 245 (1994) (reiterating a well-established prior holding of the Court that “cities and counties do not enjoy Eleventh Amendment immunity”); see also Chisolm … It appears that he would qualify to run for state assembly, for county freeholder or for municipal office.