Case law

Kyriazi v. Western Electric Co.

461 F. Supp. 894 · District Court, D. New Jersey · Oct 30, 1978

The evidence in this case establishes clearly and convincingly, the sagacity of Chief Judge Breitel’s language in Pace College v. *926 N. Y. … Miss Kyriazi then asked if it was true that a Member needed to be appraised outstanding for 2~/2 years before qualifying for Senior.

Jehovah's Witnesses Assembly Halls of New Jersey, Inc. v. City of Jersey City

597 F. Supp. 972 · District Court, D. New Jersey · Oct 10, 1984

These activities clearly come within the permitted theater use. It was intended that there be large gatherings of people. This kind of activity clearly comes within permitted convention hall use. … Proceedings before a Board of Adjustment do not qualify as a judicial proceeding, and, therefore, Younger abstention is inappropriate. Younger v.

City of Newark, New Jersey v. Eastern Airlines, Inc.

159 F. Supp. 750 · District Court, D. New Jersey · Feb 27, 1958

There is clearly no such power vested in the courts. … It further appears that this plaintiff lacks the possessory interest in the land sufficient to qualify her to maintain her claim under the second count.

MUOIO

District Court, D. New Jersey · Jan 12, 2026

The purpose of NJUPA Section 50 is clearly to provide “{nJotice to [the] apparent owner.” Stat. Ann, § 46:30B-50. … Although plaintiffs must “clearly and specifically set forth facts sufficient” to satisfy standing on a motion to dismiss, Hosp, Council of W. Pa. v.

JOHNSON & JOHNSON HEALTH CARE SYSTEMS INC. v. SAVE ON SP, LLC

District Court, D. New Jersey · Jun 10, 2025

“The party filing the notice of appeal bears the burden of demonstrating that the magistrate judge’s decision was clearly erroneous or contrary to law.” Marks v. Struble, 347 F. … Contrary to ESI and Accredo’s reading of the “required by law” sub-parts, it is not the Court’s entry of the Qualified Protective Order which establishes compliance with paragraph (e) sufficient to establish prong two

City of Jersey City v. Pierce

669 F. Supp. 103 · District Court, D. New Jersey · Jun 9, 1987

Pursuant to a program established by Congress, the Department of Housing and Urban Development (“HUD”) provides federal grants to qualified urban areas so as to stimulate economic development activity in those areas. … As an initial matter, agencies are clearly vested with authority to create certain evidentiary presumptions. See National Labor Relations Board v.

United States ex rel. JKJ P'ship 2011, LLP v. Sanofi Aventis, U.S., LLC (In re Plavix Mktg., Sales Practices & Prods. Liab. Litig.)

315 F. Supp. 3d 817 · District Court, D. New Jersey · May 30, 2018

"On a motion to dismiss for lack of standing, the plaintiff bears the burden of establishing the elements of standing, and each element must be supported in the same way as any other matter on which the plaintiff bears the … Finally, after the amendment "[a] relator no longer must possess 'direct ... knowledge' of the fraud to qualify as an original source....

Amatuzio v. Gandalf Systems Corp.

932 F. Supp. 113 · District Court, D. New Jersey · Jul 5, 1996

After several unsuccessful attempts to establish and confirm a deposition date, plaintiffs notice the deposition of Mr. … outside world sues a corporation, conversations between the corporate attorney and almost any employee for the purpose of getting information necessary to defend the action may enjoy the attorney-chent privilege and be immune

Weiss v. Parker Hannifan Corp.

747 F. Supp. 1118 · District Court, D. New Jersey · Sep 26, 1990

The Denial of the Promotion to Weiss A prima facie case of discrimination for denial of a promotion may be established by showing that: (1) the plaintiff is a member of a protected group; (2) he was qualified for the higher … The evidence clearly shows that both Weiss and Engel have been employed since their terminations by Parker Hannifan.

Animal Science Products, Inc. v. China National Metals & Minerals Import & Export Corp.

596 F. Supp. 2d 842 · District Court, D. New Jersey · Dec 30, 2008

The [CMA] agreed to establish itself under the name the “China Magnesite Forum” [ 6 ] and established goals of restraining competition and establishing limits on export supply in order to maintain and increase prices.... … as implicating either the act-of-state or foreign sovereign compulsion, or comity doctrines, or the Foreign Sovereign Immunities Act (“FSIA”), Pub.L.

Stewart v. Rutgers

930 F. Supp. 1034 · District Court, D. New Jersey · May 10, 1996

Stewart Has Established a Prima Fa-cie Case Stewart may establish a prima facie case by demonstrating by a preponderance of the evidence that she is within a protected class; that she applied for, was qualified for and was … Because the Plaintiffs’ Rule 12G Statement does not clearly delineate between disputed and undisputed facts, it will be cited only where it refers to facts that are clearly not in dispute or where it cites to deposition testimony

SHENKER v. TOWNSHIP OF LAKEWOOD

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

Thus, plaintiff’s claims clearly arise from the OCPO’s law enforcement responsibilities. … Furthermore, it is well established that § 1983 does not override Eleventh Amendment immunity. Davis, 2005 WL 1863665, at *3; Quern, 440 U.S. at 342.

Rabinowitz v. New Jersey State Board of Education

550 F. Supp. 481 · District Court, D. New Jersey · Oct 29, 1982

The court notes, however, that where Congress sought to defer to state law it did so clearly and unambiguously. … To determine the amount of money to be awarded to a state meeting its obligations, a formula established by statute must be applied.

McCourt v. Mitsui O.S.K. Lines America, Inc.

921 F. Supp. 1315 · District Court, D. New Jersey · Apr 17, 1996

It is not disputed that Gill is qualified to testify as to the practices commonly employed by stevedores and vessels when unloading automobiles. … The Court notes that it makes no judgment here as to the negligence of the stevedore, which is clearly thrown into dispute by this record.

Huddell v. Levin

395 F. Supp. 64 · District Court, D. New Jersey · May 28, 1975

Although Congress may have initially excluded personal injury awards from taxation because of constitutional reservations, 27 it has since been clearly established that Congress can constitutionally tax any gain, and certainly … Since the judgment was rendered after the effective date of the amendment, the higher rate is clearly applicable here. Hill v.

ILLESCAS INGA v. TSOUKARIS

District Court, D. New Jersey · Jul 16, 2020

No explanation is given as to how, why, or to what extent Petitioner’s immune system has been compromised by his brief bout of respiratory illness. … Apr. 7, 2020) (denying request for TRO by habeas petitioner as he could not establish deliberate indifference to his medical needs).

FITCH

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

Because Plaintiff concedes that Defendants are immune in their official capacities and that he has failed to state a claim for relief as to his grievance and equal protection claims, those claims shall all be dismissed … conduct, even where the transfer was clearly a direct response to protected conduct).

MIKANDA v. NEW JERSEY OFFICE OF HOMELAND SECURITY AND PREPAREDNESS

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

In particular, I have examined the docket to determine whether the actions of Judge Hillman, whether or not clearly described in the complaint, were taken in a judicial capacity. Mr. … Discussion “Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their

Source Search Technologies, LLC v. Kayak Software Corp.

111 F. Supp. 3d 603 · District Court, D. New Jersey · Jul 1, 2015

The question is whether the predistributed software requirement qualifies as an inventive concept, not merely a novel one. … This feature, which was neither a generic computer function nor a conventional network operation, qualified as an inventive concept.

Township of Clinton v. United States Postal Service

638 F. Supp. 763 · District Court, D. New Jersey · Jun 18, 1986

The final outcome of that suit was a judgment, dated January 11, 1985, that the activities of the De Sapio defendants in connection with acquiring title to and constructing the post office were immune and exempt from the … Moreover, local authorities clearly were advised of the De Sapios’ contract by February 1982, at the latest, and have demonstrated no real prejudice from not having received an A-95 form at an earlier date.