Case law

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.

MAHER v. United States

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

They further argue that even if a Bivens remedy were available, dismissal is warranted because the individual defendants are protected by qualified immunity and the claims are independently barred by the statute of limitations … Establishing liability under the FTCA requires a plaintiff to demonstrate duty, breach, proximate causation, and actual damages. See Roma v.

United States v. Board of Educ. of Tp. of Piscataway

832 F. Supp. 836 · District Court, D. New Jersey · Sep 10, 1993

In all cases, the most qualified candidate will be recommended for appointment. … There is no dispute that plaintiff and Taxman have established a prima facie case; indeed, the Board’s concession that it took race into account in making the employment decision is sufficient in and of itself to establish

Moore v. Delaware River Port Authority

80 F. Supp. 2d 264 · District Court, D. New Jersey · Jun 24, 1999

The Joint Commission was authorized to build bridges, establish connective roads and provide transportation services within the Delaware Port District. Id. … painstaking comparison of the common law of New Jersey and Pennsylvania, like the one we engaged in as to CEPA and [the] Whistleblower Law, will have to be undertaken [by the trial judge on remand] if DRPA contends that it is immune

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.

CUSHING v. JACOBS

District Court, D. New Jersey · Mar 25, 2020

Accordingly, the Annuity contract, as clearly drafted, is irrevocable. C. … immunity. See Sorber v. Velez, 09-cv-3799, 2009 WL 3491154, at *4 (D.N.J. Oct. 23, 2009).

Weisman v. New Jersey Department of Human Services

817 F. Supp. 2d 456 · District Court, D. New Jersey · Oct 5, 2011

Allan Boyer in his individual capacity and in his official capacity as COO of Ancora; and Alfred Fillipini in his individual capacity and in his official capacity as Director of Human Resources at Ancora. 9 Based on the clearly … established case law, Defendants DHS and Ancora as arms of the state are not “persons” within the meaning of § 1983.

Clement v. Public Service Electric & Gas Co.

122 F. Supp. 2d 551 · District Court, D. New Jersey · Dec 11, 2000

Thus, Count I of the plaintiffs Complaint clearly fails to state a cause of action against PSE & G and Doe. IV. … color of any statute, ordinance, regulation, custom, or useage, of any State ... subjects ... any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

LASCHE v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jun 4, 2020

Qualified Immunity Defendants also assert that Plaintiffs’ Complaint should be dismissed because Defendants are entitled to qualified immunity. See Def. Br. … Because Plaintiffs have failed to state a claim as to a violation of their constitutional rights, I need not address whether the Individual Defendants are entitled to qualified Immunity on any of Plaintiffs’ claims.

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

MURPHY v. EQUIFAX INFORMATION SERVICES, LLC

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

For the reasons set forth below, this Court will follow the precedent established by those courts that have found the FCRA to waive sovereign immunity and deny Education’s Motion under Rule 12(b)(1). … sovereign immunity.

Plywood Property Associates v. National Flood Insurance Program

928 F. Supp. 500 · District Court, D. New Jersey · Jun 18, 1996

FEMA contends that Plaintiffs rely solely on the testimony of two alleged experts in order to establish their claim for damages, and that neither of the experts is qualified to offer their respective opinions. … Accordingly, FEMA argues that Plaintiffs cannot establish their claim for damages as a matter of law.

SEVERINO v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE

District Court, D. New Jersey · Sep 14, 2020

The Court declines to address matters of qualified and absolute immunity at this time. Although “[a] district court should resolve any immunity question al the earliest possible stage of the litigation.” Orsatti v. … Creighton, 483 U.S. 635. 646 n.6 (1987)). the Complaint lacks sufficient particularity for the Court to determine whether Defendants are entitled to qualified immunity.

KING v. X. PONCE

District Court, D. New Jersey · Nov 29, 2023

Finally, Defendants submit they are entitled to qualified immunity on each of Plaintiff’s claims. (Id. at 25-29.) … immunity.

Exxon Corp. v. Federal Energy Administration

417 F. Supp. 516 · District Court, D. New Jersey · Oct 30, 1975

The court felt that that rationale seems to suggest, as the FEA points out, that the CEP cannot qualify as an allocation program simply because it does not require the physical transfer of crude oil among refiners. … Hence, the CEP is clearly an allocation program since it achieves the same result that actual transfers of crude oil would have. Slip Opinion at 16. See also Cities Service Co. v.

Kenny v. United States

103 F. Supp. 971 · District Court, D. New Jersey · Mar 26, 1952

therein stated, 292 U.S. at pages 286 and 287, 54 S.Ct. at page 694 : “The structure of a rate schedule calls in peculiar measure for the use of that enlightened judgment which the commission by training and experience is qualified … The published valuation may be considered as prima facie evidence in the proceeding but it is clearly not conclusive. The procedure which must be followed is prescribed by Section 15(7) of the Act, supra.

SNEAD v. BALLY'S PARK PLACE, LLC

District Court, D. New Jersey · Oct 31, 2023

The two-inch elevation of the raised board “is the kind of minor defect that does not qualify as a dangerous condition under the [TCA].” Charney, 732 F. … “[A] net opinion alone is insufficient to sustain plaintiff's burden of establishing that the public entity was on constructive notice of a 3 Snead’s argument that Atlantic City loses its immunity under the TCA because

Oxford House, Inc. v. Township of Cherry Hill

799 F. Supp. 450 · District Court, D. New Jersey · Sep 10, 1992

First of all, the final clause excluding current users clearly indicates an intent that at least some prior users be covered by the definition. … Defendant appears to argue that the reason for the denial was the fact that the residents of Oxford House do not have the requisite “permanency and stability” to qualify as a family unit under the ordinance.

Equal Employment Opportunity Commission v. Westinghouse Electric Corp.

577 F. Supp. 1029 · District Court, D. New Jersey · Jul 29, 1982

As EEOC insists, it is not a “pension plan” as that term has been defined by both WPDA and ERISA, but as EEOC overlooks, it is clearly a “welfare plan” as defined in both statutes. … Evans, 431 U.S. 553 , 97 S.Ct. 1885 , 52 L.Ed.2d 571 (1977) established that § 703(h) on its face immunizes all bona fide seniority systems, with no distinction between those adopted before or after its effective date.

PATEL v. CRIST

District Court, D. New Jersey · Jan 7, 2020

Immunities 1, Sovereign Immunity The State Defendants argue that they are entitled to sovereign immunity, such that the Complaint should be dismissed as to them in its entirety.4 State Def. … Moreover, a plaintiff “must clearly and specifically set forth facts sufficient to satisfy . . standing” as “a federal court is powerless to create its own jurisdiction by embellishing otherwise deficient allegations of