Case law

DALRYMPLE v. CITY OF JERSEY CITY

District Court, D. New Jersey · Aug 16, 2019

immunity. … City of Phila.., 409 F.3d 595, 599-600 (3d Cir. 2005) (explaining that qualified immunity insulates public officials from suit unless they violate “clearly established statutory or constitutional rights of which a reasonable

ALFORD v. PLUMERI

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

When parole officers’ actions are taken under their administrative, executive or investigative duties, they are entitled only to qualified immunity. Wilson, 878 F.2d at 775. … Plaintiff has not alleged sufficient facts to establish false arrest.

In Re Gross Mfg. & Importing Co.

328 F. Supp. 905 · District Court, D. New Jersey · Jul 16, 1971

Conceivably, when *911 there is a tardy filing, the true consignor’s retained title might be equated to a security interest and thus qualify as a transfer defined in the Bankruptcy Act. … This clearly shows that the intent was something other than a “true consignment” and was intended to make the creditor-supplier secure.

Driscoll v. Burlington-Bristol Bridge Co.

82 F. Supp. 975 · District Court, D. New Jersey · Feb 25, 1949

Russell & Co., supra: ‘The federal nature of the right to be established is decisive — not the source of the authority to establish it.’ Here the right to be established is one created by the state. … Today, even more clearly than in the past,‘the federal nature of the right to be established is decisive — not the source of the authority to establish it.’. Id.”

HELMS v. DEGNER

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

“Individual defendants who are policymakers may be liable under § 1983 if it is shown that such defendants, ‘with deliberate indifference to the consequences, established and maintained a policy, practice or custom … “Plaintiff’s inability to maintain the highest manners possible (or his embarrassment ensuing from having another person in the cell while [p]laintiff uses the toilet) cannot qualify as a violation of

Halifko v. Cities Service Oil Co.

510 F. Supp. 1131 · District Court, D. New Jersey · Apr 9, 1981

The source of the slippery substance and the time it was spilled on the platform have not yet been established. … Clearly, the allegedly negligent installation or maintenance of the docking plate were acts that occurred prior to the beginning of the loading process.

LAMPON-PAZ v. THE UNITED STATES OF AMERICA

District Court, D. New Jersey · Sep 19, 2022

The government invokes sovereign immunity, a jurisdictional defense. In general, the United States and its agencies are immune from civil suit. See Dep’t of the Army v. Blue Fox, Inc., 525 U.S. 255, 260 (1999). … Council, Inc., 555 U.S. 7, 20 (2008). 10 The complaint very clearly seeks only an injunction. To the extent Mr.

PELLA

District Court, D. New Jersey · Feb 25, 2026

)(2)(B) requires courts to review the complaint and dismiss claims that are: (1) frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune … For the reasons below, as presently pleaded, this claim fails the established pleading standard.

Fahringer v. Paul Revere Insurance

317 F. Supp. 2d 504 · District Court, D. New Jersey · Dec 2, 2003

In other words, Fahringer had to return to work if there was some occupation for which she was qualified, or could have become qualified, unless she was completely unable to do so. … The appeals process established by ERISA, however, permits an insured to appeal a negative benefits decision and supply additional information for review.

NEMETH v. THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF NEW JERSEY OCCUPIED BY MICHELLE M. SMITH

District Court, D. New Jersey · May 19, 2020

Any claims based on that assertion are clearly barred under Rooker-Feldman, because they constitute a collateral attack on the state court foreclosure judgment. … Thus, Plaintiff seeks redress for deeds which were clearly “judicial acts” and to which judicial and quasi-judicial immunity attach.

Morrison v. Kimmelman

650 F. Supp. 801 · District Court, D. New Jersey · Dec 30, 1986

Concerns with judicial immunity, comity, and independence would thus arise regardless of the circumstances which might have brought the testimony of the trier of fact into court. … Judges are clearly precluded from testifying in trials over which they preside. Fed.R.Evid. 605. 2 .

RIYAZ v. INTEGRA LIFE SCIENCES

District Court, D. New Jersey · May 1, 2025

Upon review, the Court finds that Plaintiff has established indigence and grants the IFP Application. … Discrimination To establish a prima facie case of discrimination under the ADA, Plaintiff must adequately allege that: “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to

Chao v. Local 54, Hotel Employees & Restaurant Employees International Union

166 F. Supp. 2d 109 · District Court, D. New Jersey · Oct 9, 2001

In other words, proof of a violation establishes a prima facie case that the outcome of the election may have been affected and shifts the burden to the defendant to show that the established violation did not affect the … Because the statute clearly and unambiguously requires that notice be sent to last known address of all union members, these undisputed figures conclusively establish a violation of the election notice provisions of the LMRDA

JACKSON v. SEIFRIED

District Court, D. New Jersey · Apr 30, 2024

To state a claim under Title II of the ADA, the plaintiff must establish that “(1) he is a qualified individual; (2) with a disability; (3) who was excluded from participation in or denied the benefits of the services, … Koch9 for the proposition that “poor impulse control” is not a qualifying disability under Title II. (ECF No. 472 at 17.)

MARINACCIO v. UNTIED STATES OF AMERICA

District Court, D. New Jersey · Jul 20, 2022

Oct. 24, 2012) (noting that the United States “cannot be liable for the purported violation of rights established under the New Jersey Constitution, as the[y] are similarly immune from such claims.”); Abulkhair v. … This lone statement clearly is conclusory.

Organon, Inc. v. Mylan Pharmaceuticals, Inc.

303 F. Supp. 2d 546 · District Court, D. New Jersey · Feb 17, 2004

The absence of legal restrictions limiting who can qualify as a tax consultant was an important aspect of the Court’s decision. … A procedure will be established to review the documents to determine which, if any, are not protected by the privilege.

CAPPS v. DIXON

District Court, D. New Jersey · May 21, 2021

Dixon responds that Capps has failed to identify a clearly established right that he purportedly violated. … The Court is not a factfinder, and it cannot evaluate whether Capps had a clearly established right to be free from Dixon’s takedown until the parties address what actually happened

Morgan v. Markerdowne Corp.

976 F. Supp. 301 · District Court, D. New Jersey · Sep 5, 1997

Lenders receive two types of federal subsidy payments on loans made to qualified borrowers. … The FTC Holder Rule, as first promulgated in 1975, was clearly intended to apply to school loans.

ARCHIE v. HAMILTON TOWNSHIP MUNICIPAL COURT

District Court, D. New Jersey · Feb 7, 2022

He argues the second exception is likewise inapplicable because he had jurisdiction and because his actions during these proceedings were clearly judicial actions. (Id.) … It is well established that a “[pro se] complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.” Montgomery v.

Paton v. La Prade

469 F. Supp. 773 · District Court, D. New Jersey · Nov 29, 1978

The record clearly demonstrates 6 that Paton’s letter was not opened; that merely her name and address were copied from the outside of the envelope. … The transcription of Paton’s return address might qualify under the plain view exception to the warrant requirement. See, U. S. v. Solis, 536 F.2d 880, 881 (9th Cir. 1976) and cases cited therein. 8 . See, Canaday v. U.