Case law

Wk, Jr. by Wk v. Nj Div. of Develop. Disabilities

974 F. Supp. 791 · District Court, D. New Jersey · Aug 18, 1997

Reply Br. at 6 n. 5.) [2] To qualify as a proceeding which is judicial in nature, it must be established that the inquiry "investigates, declares and enforces liabilities as they stand on present or past facts and under laws … Such a mandatory injunction clearly falls within the Younger analysis, and plaintiffs cite no case law to the contrary.

Pinkus v. Reilly

178 F. Supp. 399 · District Court, D. New Jersey · Nov 16, 1959

In other words, the Post Office Department could rely upon the consensus of informed medical judgment to the contrary to establish the falsity of the Pinkus representations. To paraphrase Reilly v. … Clearly, these advertisements by him were intentional. Clearly, since they were contradictory, he knew he was then stating an intentional falsehood to the public.

PARKER v. NEW JERSEY MOTOR VEHICLE COMMISSION

District Court, D. New Jersey · Mar 16, 2023

“Thus, if the nonmoving party fails ‘to make a showing sufficient to establish the existence of an element essential to that party’s case, . . . there can be no genuine issue of material fact.’” Id. (quoting Katz v. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

TAYLOR v. SULLIVAN

District Court, D. New Jersey · Oct 25, 2019

must review the complaint and dismiss the action if it determines that the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … To establish a prima face case of discrimination under the ADA, a plaintiff must demonstrate that (1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions

GUNTER v. GRAY

District Court, D. New Jersey · Jul 30, 2020

immunity. … Because this Court finds that summary judgment is warranted on the merits, the Court need not reach the issue of qualified immunity.

Curtiss-Wright Corporation v. McLucas

364 F. Supp. 750 · District Court, D. New Jersey · Sep 14, 1973

Tenant farmers, said the Court, fell clearly within the zone of interests protected by the Act, to wit, that the Secretary of Agriculture is obliged by the Act to provide adequate safeguards to protect the interests of tenants … the establishment of same is contingent upon availability of products at a given work station.

N.C. 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 Defendant has failed to appear, the Court is unable to consider any defenses he may have raised.

STATHUM v. NADROWSKI

District Court, D. New Jersey · Jul 31, 2019

Defendants also argue that Plaintiff failed to exhaust his administrative remedies, and they are entitled to qualified immunity. (Reply Br.) A. … Remaining Claims The Court declines to reach Defendants’ arguments that Plaintiff failed to exhaust administrative remedies and that Defendants are entitled to qualified immunity because Defendants

United States v. Anastasio

120 F. Supp. 435 · District Court, D. New Jersey · Apr 14, 1954

It clearly appears from the evidence, however, that the Record of Registry was induced by the fraudulent conduct of the defendant. … If the defendant now finds himself in an inextricable dilemma it is clearly one of his own creation.

Missouri Pacific Railroad Co. v. National Milling Co.

276 F. Supp. 367 · District Court, D. New Jersey · Nov 27, 1967

There is no quarrel with the principle fixing the liability of the consignee as established in this line of cases. … Requiring double payment is not merely harsh, as mentioned in Fink, supra, it is clearly unconscionable and manifestly inconsistent with any consideration of abstract public interest.

PAGLIAROLI v. AHSAN

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

Moving Defendants are entitled to qualified immunity. 3. Plaintiff’s federal claims are barred by the statute of limitations. … immunity.

Sarlo v. Broadspire Services, Inc.

439 F. Supp. 2d 345 · District Court, D. New Jersey · Jul 11, 2006

The policy makes clear that it is the claimant’s responsibility to provide proof of a qualifying disability. … The record does not establish that Dr. Mendelssohn applied a definition of disability that substantially differed from the policy definition. Likewise,.the record does not establish that Dr.

BENTON-FLORES v. AUSTIN

District Court, D. New Jersey · Jul 22, 2022

. § 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. … In assessing whether a plaintiff establishes a prima facie case, a plaintiff must present evidence that “establishes some causal nexus between [her] membership in a protected class and the decision not to [hire her].

FITCH

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

A plaintiff may establish supervisory liability under § 1983 by showing: (1) liability based on an establishment of policies, practices, or customs that directly caused the constitutional violation; or (2) personal liability … Dep’t of Corr., 806 F.3d 210, 223 (3d Cir. 2015) (“to establish a claim against a policymaker under § 1983 a plaintiff must allege and prove that the official established or enforced policies and practices directly causing

National Freight, Inc. v. United States

359 F. Supp. 1153 · District Court, D. New Jersey · Jun 13, 1973

A statutory Three-Judge Court was empanelled and statutory jurisdiction has been established pursuant to 28 U. S.C. Secs. 1336, 1398, 2284, 2321-2325 and 49 U.S.C. Sec. 305 (g) and (h). … Sec. 307 (a), which provides in pertinent part: “Subject to section 310 of this title, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the

In Re Human Tissue Products Liability Litigation

582 F. Supp. 2d 644 · District Court, D. New Jersey · Oct 22, 2008

Thus, if general causation is to be established in this litigation, it may only be established through methodologies, other than medical and scientific literature review, or reliance upon other, less pertinent medical and … Klein could establish that HIV was detected in freeze-dried bone stored for thirty days, Dr.

FILIPPATOS v. United States

District Court, D. New Jersey · Nov 28, 2023

Here, the Government has presented the Court with a facial attack because the Government argues that Filippatos failed to adequately establish subject matter jurisdiction in his pleadings without disputing the facts alleged … The Court finds Filippatos failed to exhaust administrative remedies and need not reach the Government’s sovereign immunity argument.

Hudson's Bay Co. Fur Sales v. American Legend Cooperative

115 F.R.D. 337 · District Court, D. New Jersey · Apr 20, 1987

In an attempt to counter this established principle, Hudson suggests there is distinction between facts and evidence. … This situation clearly falls within the ambit of Rule 60(b); a party may thus seek relief from judgment if he meets certain other requirements.

HIGHVIEW TERRACE APARTMENTS v. ABULKHAIR

District Court, D. New Jersey · Mar 4, 2021

While the pleadings do not clearly establish Plaintiff's citizenship, the Complaint alleges that Defendant owes “$.00" in debt for the apartment. (Compl. *8.) … Once again, it is black- letter law that in order to satisfy the well-pleaded complaint rule, “[a] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of

Weihrauch v. International Union of Electrical

272 F. Supp. 472 · District Court, D. New Jersey · Aug 1, 1967

A suit to enjoin a trusteeship of this nature is no more the type of dispute sought to be immunized from precipitous injunction under Section 7 of NorrisLaGuardia, than it is the type of dispute protected from any injunction … Section 301 clearly applies to contracts other than collective bargaining agreements. Retail Clerks Intern. Ass’n v. Lion Dry Goods, 369 U.S. 17 , 82 S.Ct. 541 , 7 L.Ed.2d 503 (1961).