Case law

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

ABADI v. MARINA DISTRICT DEVELOPMENT COMPANY, LLC

District Court, D. New Jersey · Feb 8, 2023

“[G]ood cause” requires “a particularized showing that disclosure will cause a clearly defined and serious injury to the party seeking closure[; t]he injury must be shown with specificity.” Id. … This Court’s Local Rule 5.3 establishes the procedure by which a litigant may move to seal a docket entry.

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).

Cardinale Trucking Company v. United States

232 F. Supp. 339 · District Court, D. New Jersey · Jun 15, 1964

In this context, however, we-do not think that a right to trial. de novo is automatically established merely because the Commission denied a petition for rehearing which, invoked constitutional principles. * * * (emphasis … Unless such interpretation is clearly erroneous, the court is bound by it. Interstate Commerce Commission v.

Rennie v. Klein

476 F. Supp. 1294 · District Court, D. New Jersey · Sep 14, 1979

After 17 days of hearings, the plaintiffs have clearly demonstrated a likelihood of prevailing on the merits on the recertified classes. … Beginning January 7, 1980, defendants shall establish for the adult units of the Ancora Psychiatric Hospital, Greystone Park Psychiatric Hospital, Marlboro Psychiatric Hospital, Trenton Psychiatric Hospital, and Glen Gardner

REDDICK v. HICKS

District Court, D. New Jersey · Jul 18, 2023

immunity. … It is well-established that “neither a State nor its officials acting in their official capacities are ‘persons’ under § 1983.” Will v. Mich.

Morisky v. Public Service Electric & Gas Co.

191 F.R.D. 419 · District Court, D. New Jersey · Feb 23, 2000

They also cannot establish that all or some of these forty employees later chose to join the lawsuit. … Thus, there is clearly a substantial need for the material in this case. .

MR. X v. McCorkle

333 F. Supp. 1109 · District Court, D. New Jersey · Jul 6, 1970

deprived of parental support or care by reason of the death, continued absence *1114 from the home, or physical or mental incapacity of a parent, and who is living with any one of several listed relatives and who is age qualified … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, x>rivileges, or immunities

Bradley v. Atlantic City Board of Education

736 F. Supp. 2d 891 · District Court, D. New Jersey · Sep 7, 2010

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Boniface, 325 N.J.Super. 133, 137 , 737 A.2d 1170 (Ch.Div.1999) ("Clearly the New Jersey Act was modeled after the federal statute and case law in New Jersey has found that our legislature intended when it enacted the state

United States v. Accetturo

623 F. Supp. 746 · District Court, D. New Jersey · Oct 18, 1985

The owner of the establishment contacted Ricciardi and told him he wanted the machinery moved. … Michael Esposito is presently incarcerated in the Metropolitan Correctional Center in New York City on a civil contempt charge after he refused to testify after being immunized.

JOHNSON v. ELLIS

District Court, D. New Jersey · Nov 7, 2023

. § 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. … fails to account for their immunity from suit for adopting the bail reform law in the person of Governor Murphy.

YOUNG v. United States

District Court, D. New Jersey · Dec 2, 2019

as a career offender base offense because it was a crime of violence or controlled substance offense, his Presentence Report clearly states that Petitioner’s current offense qualified as a controlled substance offense … Excusable neglect is insufficient to establish a basis for equitable tolling. United States y. Thomas, 713 F.3d 165, 174 (3d Cir. 2013).

WATSON

District Court, D. New Jersey · Feb 27, 2026

Qualified Immunity and Punitive Damages The Moving Defendants move to dismiss the federal and state constitutional claims based on qualified immunity. … violation and (ii) whether the asserted constitutional right is clearly established.”

Zdrok v. v. Secret Catalogue, Inc.

215 F. Supp. 2d 510 · District Court, D. New Jersey · Aug 13, 2002

The rules of claim preclusion are well-established in the Third Circuit. … This behavior clearly distinguishes this case from Covington.

COUSAR v. STACK, A.P.

District Court, D. New Jersey · Aug 11, 2022

A plaintiff’s lawsuit is barred under section 1983 if “establishing the basis for the . . . claim necessarily demonstrates the invalidity of the conviction.” Id. at 481‒82. … , (4) that Plaintiff’s claims against Defendant McCaffrey are barred by absolute witness immunity, and (5) that Plaintiff’s claims against Defendant Stack is also barred by qualified immunity.

Tegler v. Global Spectrum

291 F. Supp. 3d 565 · District Court, D. New Jersey · Feb 14, 2018

If somebody is qualified, we have to consider them seriously for the role and you can't hire anybody less qualified who's not African[-]American.' " Id. at 50 . … To establish a prima facie case of termination based on age, Plaintiff must establish that (1) she was a member of a protected class; (2) she was qualified for the position from which she was discharged, or, stated differently

United States v. Markus

604 F. Supp. 736 · District Court, D. New Jersey · Mar 15, 1985

App., 1/4/83 Transcript at 79, 85, such was clearly not the case. Indeed, the court’s ruling was based solely upon and directed toward the indictment itself. … Scott established that, even absent the delay in moving which occurred here and in Lee , midtriai dismissals do not bar re-trial, as had been held in United States v.

GARRETT v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Dec 28, 2020

if it finds that the action: (1) is frivolous or malicious; (2) fails to state a claim upon which relief may be granted; or (3) seeks monetary relief against a defendant who is immune … June 8, 2020) (one internal citation omitted). 2 Plaintiff has had at least three qualifying dismissals: Garrett v. Murphy, No. 20-5235 (D.N.J.

WOODWARD v. ROBINSON

District Court, D. New Jersey · Jan 25, 2023

Moreover, the New Jersey State Parole Board was established within the New Jersey Department of Corrections, see N.J. Stat. § 30:4-123.47(a); and the NJDOC is a state agency entitled to Eleventh Amendment immunity. … “Inmates clearly retain protections afforded by the First Amendment, ... including its directive that no law shall prohibit the free exercise of religion.” DeHart v.