Case law

In re Lamictal Direct Purchaser Antitrust Litigation

18 F. Supp. 3d 560 · District Court, D. New Jersey · Jan 24, 2014

The opinion clearly did at least one thing. … But such a reading would far too greatly constrict parties’ power to settle, a power the Actavis court clearly meant to keep intact.

Democratic-Republican Organization v. Guadagno

900 F. Supp. 2d 447 · District Court, D. New Jersey · Oct 11, 2012

In other words, Plaintiffs have failed to establish a likelihood of success on the merits that would allow a preliminary injunction to issue. … certainly favors denying injunctive relief where Plaintiffs cannot establish a constitutional harm. .

Brock v. Gerace

110 F.R.D. 58 · District Court, D. New Jersey · Mar 6, 1986

The defendant in this civil proceeding thus also has the burden of establishing non-waiver of the privilege. Id. … Smith, 580 F.Supp. 1418 (D.N.J.1984) [holding that federal prosecution was untainted by use of defendant’s immunized testimony before a state investigative afecncy, under Kastigar v.

DnC America Banking Corp v. Topcroft, Inc. (In re Topcroft, Inc.)

136 B.R. 99 · District Court, D. New Jersey · Dec 12, 1991

In defining the term “clearly erroneous” the United States Supreme Court has stated that “[a] finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left … This case is clearly inapposite.

ABC v. THE STATE OF NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY ("DCPP")

District Court, D. New Jersey · Jan 25, 2022

For the avoidance of doubt, the Court notes that “[q]ualified immunity is an affirmative defense and generally must be included in a responsive pleading or may be considered waived.” Sharp v. … The Court thus deems qualified immunity waived by King. Here, because King failed to appear, the Court is unable to consider any defenses he may have raised.

MERVILUS v. UNION COUNTY

District Court, D. New Jersey · Oct 26, 2021

In addition, Defendants maintain that Kaminskas is entitled to qualified immunity as to all claims against him and good faith immunity as to Count IV under the NJCRA. (Id. at 11–14). … App’x at 481 (finding that defendants were entitled to qualified immunity on plaintiff’s fabrication of evidence claim where the record revealed only inferences of negligence in the defendants’ investigation of a child

KERKHOFF v. EZRICARE, LLC

District Court, D. New Jersey · May 31, 2024

NJPLA’s Immunity Provision Although product sellers are subject to liability under the NJPLA, the Act includes an immunity provision “to rescue persons it categorized as ‘product sellers … Thus, the Court rejects EzriCare’s claim of immunity at this juncture. IV.

Medoff v. United States Central Intelligence Agency

464 F. Supp. 158 · District Court, D. New Jersey · Dec 29, 1978

Abzug, the amendment’s primary sponsor in the House, explicitly stated on the floor that § 403g was one of the statutes intended to qualify under the new Exemption 3. … Such materials are clearly within the protective scope of 5 U.S.C. § 403g. See generally Baker v. CIA, supra.

Sgro v. Getty Petroleum Corp.

854 F. Supp. 1164 · District Court, D. New Jersey · Jun 17, 1994

The expressed intent of the parties and the circumstances at the time of the Agreement clearly establish that the equipment was to be treated as “trade fixtures” and thus removable by Getty at termination of the Agreement … Roe, 282 N.Y. 525 , 27 N.E.2d 35, 38-39 (1940) (reasonable to qualify delivery upon proof of ownership).

DOE v. HILLSBOROUGH TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · May 29, 2025

immunity arguments at this stage. … Dec. 21, 2017) (declining to determine qualified immunity after dismissing § 1983 claim); Manion v. Sarcione, 192 F. Supp. 2d 353, 357 (E.D.

Pernas v. Parkview Towers Management Corp.

502 F. Supp. 1099 · District Court, D. New Jersey · Nov 10, 1980

However, a review of that case reveals that it dealt with the dismissal of a student from high school and the Supreme Court’s consideration of a teacher’s immunity under 42 U.S.C. § 1983 . … A compensation award will be *1104 appropriate only if the school board member has acted with such an impermissible motivation or with such disregard of the student’s clearly established constitutional rights that his action

Massieu v. Reno

915 F. Supp. 681 · District Court, D. New Jersey · Feb 28, 1996

Near the end of the hearings, the government produced evidence which “clearly established]” that 800,000 of the alleged 2.5 million pesos embezzled were not, in fact, proceeds of the alleged embezzlement. … Clearly it does not.

Williams v. Red Bank Board of Education

508 F. Supp. 989 · District Court, D. New Jersey · Mar 2, 1981

S.A. 52:14F-5(/) provides that: Administrative law judges shall be attorneys-at-law of this State, or any persons who are not attorneys-at-law, but who, in the judgment of the Governor or the director are qualified in the … Clearly, however, plaintiff is in no way constrained to take this risky course.

Charney v. City of Wildwood

732 F. Supp. 2d 448 · District Court, D. New Jersey · Aug 18, 2010

“Generally, immunity for public entities is the rule and liability is the exception.” Fluehr v. City of Cape May, 159 N.J. 532 , 732 A.2d 1035, 1039-40 (1999). … The hole in the instant case, measuring one and one-half inch deep, and one and one-quarter inch wide at its largest point, is the kind of minor defect that does not qualify as a dangerous condition under the Tort Claims

LAWYERS FOR FAIR RECIPROCAL ADMISSION v. UNITED STATES

District Court, D. New Jersey · Jan 10, 2023

Privileges and Immunities Clause. … But even reaching the merits, this claim quite clearly lacks any basis in law. Despite recent efforts to expand the right to counsel, the Sixth Amendment does not extend to civil actions, Turner v.

D'ALLESSANDRO v. United States

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

Here, Chief Judge Wolfson’s orders were “clearly issued in a judicial rather than administrative capacity,” notwithstanding Plaintiff’s assertion to the contrary, with respect to the exclusions of time under … Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” are entitled to Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception applies

New York Times Co. v. Roxbury Data Interface, Inc.

434 F. Supp. 217 · District Court, D. New Jersey · May 3, 1977

While plaintiffs could not copyright the personal names, they clearly could obtain a copyright on a compilation of names appearing in The New York Times. … The two works clearly do not compete directly in the sense that telephone, city or social directories do.

United States v. Rabin

986 F. Supp. 887 · District Court, D. New Jersey · Nov 24, 1997

Lau-rice, however, was granted immunity and revealed the true nature of his agreement with Defendant. PSR § 54-56. B. … Root, 12 F.3d 1116 (D.C.Cir.1994) (FCC approval process significantly disrupted when agency dismissed possibly qualified applicants based on forged documents).

DESSOURCES v. MANNING

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

App’x at 182 (finding arresting and presenting evidence to a grand jury are “clearly law enforcement functions”). … has expressly waived its immunity.

Kounelis v. Sherrer

396 F. Supp. 2d 525 · District Court, D. New Jersey · Oct 20, 2005

It is well-established that Plaintiff has a First Amendment right to file grievances with the Court. … Clearly, as newly asserted defendants, Sagebiel and Cannon also would not suffer any prejudice.