Case law

Lerch v. Citizens First Bancorp, Inc.

144 F.R.D. 247 · District Court, D. New Jersey · Oct 28, 1992

Thus, plaintiffs have established that they can adequately represent the class. I now turn to the requirements of Rule 23(b). b. … August 1, 1990 is clearly too early to end the class period.

CHARDONNAY-SINGLETON v. BROOKS

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

health and sought to fraudulently substitute Defendant Singleton as the beneficiary of the Insured’s Servicemen’s Group Life Insurance Policy (the “SGLI Policy”)—a low-cost life insurance offered to certain qualifying … It is well established that the United States enjoys sovereign immunity from suit. See FAA v. Cooper, 566 U.S. 284, 290–91 (2012).

J.C. ex rel. J.C. v. Mendham Township Board of Education

29 F. Supp. 2d 214 · District Court, D. New Jersey · Dec 9, 1998

Naturally, much debate has surrounded the determination of what qualifies a party as “prevailing.” … In the context of § 1988 claims, the Supreme Court has held that “it seems clearly to have been the intent of Congress to permit such an interlocutory award [of attorneys’ fees] only to a party who has established his entitlement

MENDEZ 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

SHAW v. UNITED STATES OF AMERICA

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.

Sabol v. Board of Education

510 F. Supp. 892 · District Court, D. New Jersey · Mar 27, 1981

Without more, it cannot be said that these statements provide clear evidence of Congressional intent to establish a broad ban on employment discrimination against the handicapped. … These cases clearly indicate that teacher discrimination is equivalent to discrimination against students only where broad policies of hiring and assignment are involved, not where a solitary case of employment discrimination

MILANES v. POWELL

District Court, D. New Jersey · May 16, 2025

Defendants also argued that they were entitled to qualified immunity and entitled to summary judgment for that reason as well. (/d.) In lieu of opposition, Plaintiff filed with this Court a letter. … Once the moving party has met this initial burden, the burden shifts to the non-moving party who must provide evidence sufficient to establish that a reasonable jury couid find in the non-moving party’s favor to warrant

Goodwin v. Shapiro

545 F. Supp. 826 · District Court, D. New Jersey · Aug 2, 1982

The Hospital shall attempt to have qualifying patients who do not reside in the unit participate in the program, 8. … Just as the Hospital has one clearly stated admissions process, the discharge process shall be standardized for all patients. 4.

RONEY v. SOUTH WOODS STATE PRISON

District Court, D. New Jersey · Mar 4, 2024

. § 1915(e)(2)(B) and dismiss any claim which is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … Although Plaintiff has established his indigence in this matter, his claims cutrently before the Court fail to state a claim for which relief may be granted for the reasons set forth above, and Plaintiff's current

FELDER 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.

Pagan v. Holder

741 F. Supp. 2d 687 · District Court, D. New Jersey · Oct 5, 2010

First, the plaintiff must establish a prima facie case of discrimination by showing that (1) she is a member of a protected class, (2) she was qualified for the position, (3) she suffered an adverse employment action, and … “An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.” Id.

MULLARKEY v. DELAWARE RIVER PORT AUTHORITY

District Court, D. New Jersey · Jun 30, 2025

a genuine issue of material fact as to whether he was disabled within the meaning of the ADA, Plaintiff cannot establish that he was qualified to perform the essential functions of his job with or without reasonable … To establish a prima facie claim of failure to accommodate, a plaintiff must establish that: (1) the plaintiff was disabled within the meaning of the ADA; (2) the plaintiff was qualified to perform the essential functions

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.

Woodworth v. Bowen

679 F. Supp. 1194 · District Court, D. New Jersey · Aug 10, 1987

To qualify for benefits, Woodworth needed thirty quarters of coverage for fully insured status (Tr. 18). … Title 42, section 405(g) of the United States Code provides the basis for this Court’s jurisdiction and establishes the limitations upon its review.

Brown v. Our Lady of Lourdes Medical Center

767 F. Supp. 618 · District Court, D. New Jersey · Jul 15, 1991

Plaintiff has been given tremendous leeway in pursuing discovery to establish his claims. … Plaintiff misunderstands the importance of Patrick as it dealt with state antitrust immunity, not whether there was state action pursuant to § 1983.

REYES-RODRIGUEZ v. TSOUKARIS

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

After Petitioner confirmed that he had received similar results in the past, a hepatitis test was ordered, which indicated that Petitioner did not have hepatitis C and was immune to hepatitis B. (Id. at 16-20). … Apr. 7, 2020) (denying request for TRO by habeas petitioner as he could not establish deliberate indifference to his medical needs).

Bauchelle v. AT & T CORP.

989 F. Supp. 636 · District Court, D. New Jersey · Nov 17, 1997

But the assumption will not stand____ 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. … Boegli, 251 U.S. 315, 316 , 40 S.Ct. 167, 167-68 , 64 L.Ed. 281 (1920) (holding that the 1910 amendments to the ICA “so clearly establish the purpose of Congress to subject such companies to a uniform national rule as to

Brosious v. Children's Place Retail Stores

189 F.R.D. 138 · District Court, D. New Jersey · Aug 23, 1999

In the instant case, the representatives’ claims and those of the class members clearly arise out of the same defendant conduct, that is, the production and distribution of allegedly false and misleading documents by the … The predominance inquiry “trains on the legal or factual questions that qualify each class member’s ease as a genuine controversy ...” Amchem Prods., Inc. 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

Mosaid Technologies Inc. v. Samsung Electronics Co.

362 F. Supp. 2d 526 · District Court, D. New Jersey · Apr 1, 2005

Indeed, this Court finds it highly unlikely that the Supreme Court would rely on a quote from a 1928 case to establish the minimum form an embodiment must take to qualify as a reduction to practice without clearly articulating … In Amsted, the question before the Federal Circuit was whether a particular letter qualified as proper notice under § 287.