Case law

GARRETT v. MURPHY

District Court, D. New Jersey · Oct 31, 2022

Plaintiff has had at least three qualifying dismissals: Garrett v. Murphy, No. 20-5235 (D.N.J. May 14, 2020) (dismissed for failure to state a claim); Garrett v. … Protected by natural immunity, Garrett has not shown that continued exposure to COVID-19 still puts him at imminent risk of serious physical injury.

Toussaint v. Mays-Stovall

District Court, D. New Jersey · Apr 26, 2022

Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … If Plaintiff files an amended pleading, he must clearly explain the alleged wrongful conduct and the legal basis for any claims.

PINSON v. PERERA

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

(Id.) 1 The State Defendants also argue in their motion to dismiss that they are entitled to qualified immunity. (DE 6-1 at 12–13.) … P. 12(b)(1), “because the State has conditioned its waiver of sovereign immunity on compliance with [NJTCA] procedures.” Polynice, 2020 WL 2764818, at *6 (citing Baldeo v. City of Paterson, Civ.

Tully v. Mott Supermarkets, Inc.

337 F. Supp. 834 · District Court, D. New Jersey · Feb 2, 1972

Novel or atypical methods should not provide immunity from the securities laws.” ( 404 U.S. at 11 , 92 S.Ct. at 168 ). (Emphasis added). … Clearly, neither side would gain anything by a fractionalization of this litigation.

DeCamp Bus Lines v. United States

224 F. Supp. 196 · District Court, D. New Jersey · Sep 9, 1963

unlawful and set aside agency action, findings, and conclusions found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … With this established, the Court directs its attention to the grounds to be considered upon this review.

BEY v. COMBS

District Court, D. New Jersey · May 1, 2025

)(2)(B) requires courts to review the complaint and dismiss claims that: (1) are frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune … In the event Plaintiff believes that he is able to establish this Court’s subject matter jurisdiction, he may file an amended complaint that clearly sets forth the basis for the Court’s subject matter jurisdiction, including

LAWSON v. PRAXAIR, INC.

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

Moreover, the plain language of the NJPSA does not require a patient’s injury to be established before invoking the privilege. … Supp. 3d 610, 621 (D.N.J. 2015) (“A party asserting a legislative privilege . . . bears the burden of establishing the applicability of legislative immunity by a preponderance of the evidence.”)

Finley v. United States

130 F. Supp. 788 · District Court, D. New Jersey · Feb 18, 1955

Todd also argues that Congress and the courts have decreased the scope of sovereign immunity from suit. … As has been noted in the original opinion, the facts clearly establish laches. The prejudice suffered by Todd has been great.

MOLZ v. FEDERAL AVIATION ADMINISTRATION

District Court, D. New Jersey · Feb 27, 2023

The only means to establish a Title VII claim is to contact an EEO counselor. Sending a Tort Claim notice to the U.S. … To rebut the presumption of public access, the party seeking confidentiality must demonstrate “good cause” by establishing that disclosure will cause a “‘clearly defined and serious

WORTHY v. NEW JERSEY DEPARTMENT OF HEALTH

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

Aug. 12, 2016) (“[T]he Third Circuit has long held that the DOH is an arm of the State of New Jersey for sovereign immunity purposes.”).15 Yet Plaintiff has not established that any of the exceptions to sovereign … immunity apply here.

PEARSON v. SWEENEY

District Court, D. New Jersey · Jul 27, 2020

§ 1915(a), which establishes his financial eligibility to proceed IFP and will be granted. … Plaintiff does not clearly present the chronological events that led to his assault by another inmate nor does he describe the assault or when it occurred.

ENGLISH v. KAPLAN

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

The Appellate Division affirmed that English could not establish that any of the defendants owed her a cognizable duty, and that English “failed to establish the claimed reduction in her income was proximally caused by … Here, English has not met her burden of establishing third party standing. Lujan, 504 U.S. at 561.

Dickerson v. New Jersey, Department of Human Services

767 F. Supp. 605 · District Court, D. New Jersey · Jul 10, 1991

The repeated racial incidents which occurred during plaintiffs employment at DHS were clearly intentional. … In order to establish a prima facie case of race discrimination in a constructive discharge claim, plaintiff must show that (i) she belongs to a protected class; (ii) she was qualified for the position she held and was performing

Serodio v. Rutgers

27 F. Supp. 3d 546 · District Court, D. New Jersey · Jun 13, 2014

“[A] school may only be4 held liable for a Title VI claim of student-on-student racial discrimination when the school’s response is ‘clearly unreasonable in light of the known circumstances.’ ” Id. … Nor has he presented any evidence to establish that the school knew about such incidents and acted with deliberate indifference.

GARRETT v. COMMISSIONER OF SOCIAL SECURITY

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

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.

Liberty Sales Associates, Inc. v. Dow Corning Corp.

816 F. Supp. 1004 · District Court, D. New Jersey · Mar 17, 1993

Mere distribution through an office or warehouse would not qualify.” Instructional Systems at 349, 614 A.2d at 137 (quoting Greco Steam Cleaning, Inc. v. Associated Dry. … Of the five categories specifically excluded from the statutory definition, Liberty’s facility clearly falls within four of them.

FRANKLIN ARMORY, INC. v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jan 22, 2021

Although arguments in reply briefs generally are not considered, sovereign immunity 2. … The parties do not dispute that Plaintiff’s constitutional claim and Plaintiff’s defamation claims both fall within the clearly recognized exceptions to Eleventh Amendment immunity; the constitutional claims

United Rubber Workers, Local 102 v. Lee Rubber & Tire Corp.

269 F. Supp. 708 · District Court, D. New Jersey · Jun 16, 1967

This argument as to Local 102 is clearly without merit. There is, however, some question as to the application of the arbitration provisions of the collective bargaining agreement with Local 227. … This arises because of what would seem to be the qualifying language “then in effect.”

MUNIZ v. UNITED STATES OF AMERICA

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

Alternatively, Defendant Lopez de Lasalle argues she is entitled to qualified immunity and that the 8 statute of limitations … “Because the Federal Tort Claims Act constitutes a waiver of sovereign immunity, the Act’s established procedures have been strictly construed.” Livera v.

Citizens' Committee for Environmental Protection v. United States Coast Guard

456 F. Supp. 101 · District Court, D. New Jersey · Jun 9, 1978

The plaintiffs’ only attempt to address the sovereign immunity argument occurred during oral argument in this case. … The proposed highway segment will serve three major functions which clearly establish independent utility.