Case law

United States v. Local 560, International Brotherhood of Teamsters

731 F. Supp. 1206 · District Court, D. New Jersey · Jan 18, 1990

But as we see time and time again, a democratic election does not establish a democracy. As I noted in my November 28,1988 letter to Mr. … I also note that under sovereign-immunity principles, see, e.g., Library of Congress v. Shaw, 478 U.S. 310 , 106 S.Ct. 2957 , 92 L.Ed.2d 250 (1986); United States v.

New Jersey Department of Environmental Protection v. Gloucester Environmental Management Services, Inc.

719 F. Supp. 319 · District Court, D. New Jersey · Aug 17, 1989

The Supreme Court has established three requisites for applying a decision only prospectively: (1) The holding must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied … The court dismissed EPA from this action because sovereign immunity barred the claim against it. A sovereign immunity defense is something more than a claim of no subject matter jurisdiction.

In re Mercedes-Benz Antitrust Litigation

213 F.R.D. 180 · District Court, D. New Jersey · Feb 19, 2003

That is clearly not the situation before the Court, however. On fun-gibility, Dr. … This may involve amending the class, establishing sub-classes, or even de-certification for damages purposes. See Bogosian, 561 F.2d at 456 . Common liability issues clearly predominate.

Viking Yacht Co. v. Composites One LLC

613 F. Supp. 2d 518 · District Court, D. New Jersey · May 12, 2009

Clearly, Caruthers’s conception of an experiment does not comport with that of CCP. … Brent Strong’s testimony explains that “it is Plaintiffs’ burden ... to establish what caused the cracking in their yachts.” (Dkt. No. 166, at 24).

CORRY v. THE NEW JERSEY JUDICIARY

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

Plaintiff concedes that the Judiciary is immune, however posits that the individual Defendants are not entitled to such immunity and are liable for aiding and abetting under NJLAD. (ECF No. 42 at 5-6). … immunity, the individual Defendants cannot be said to have aided or abetted, or “acted in relation” to the principal.

Gustavo Robles v. State of New Jersey, et al.

District Court, D. New Jersey · Dec 22, 2025

The Court dismissed the Amended Complaint as to these moving defendants on multiple grounds—including Eleventh Amendment immunity, judicial immunity, failure to state a claim under § 1983 or the ADA, and failure to state … Currency, 728 F.2d at 195 (noting that “[t]he threshold question” in deciding whether a default should be set aside “is whether [the defendant] has established a meritorious defense”).

Bright v. Asset Acceptance, LLC

292 F.R.D. 190 · District Court, D. New Jersey · Aug 1, 2013

In addition, the Plaintiff maintains that his attorneys are qualified and have experience litigating class action cases. … “The party seeking certification bears the burden of establishing each element of Rule 23 by a preponderance of the evidence.” Id.

Herbert v. Newton Memorial Hospital

933 F. Supp. 1222 · District Court, D. New Jersey · Jul 29, 1996

The evidence of record clearly indicates, moreover, that the Hospital’s decision was based not on some clandestine effort to thwart Dr. … The evidence of record clearly establishes, however, that Dr. Herbert had no customers of his own. Nor is there any evidence that he received any customers from referrals from the Hospital’s staff surgeons.

ESTATE OF SAULO DEL ROSARIO v. PATERSON POLICE DEPARTMENT

District Court, D. New Jersey · Apr 9, 2020

Response at 10; see also Leang, 198 N.J. at 587 (finding allegations sufficient for liability and precluding immunities). … Op. at 12.3 As to Defendant Kush, in the January Opinion, the Court declined to apply qualified immunity because it could not “rule on the reasonableness of the force” at the summary judgment stage, given remaining

HARTWELL 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.

INDIVIOR INC. v. DR. REDDY'S LABORATORIES S.A.

District Court, D. New Jersey · Aug 24, 2020

Here, DRL has pled facts that sufficiently establish all three elements. … A patentee can attempt to establish element 1, predatory or anticompetitive conduct, by pleading facts that establish “(1) that the asserted patent was obtained through knowing and willful fraud within the meaning

Cipher Pharmaceuticals Inc. v. Actavis Laboratories FL, Inc.

99 F. Supp. 3d 508 · District Court, D. New Jersey · Apr 20, 2015

the ratio between excipients) dissolve iso-tretinoin.” ('102 Patent, column 5, lines 16-19; '427 Patent, column 5, lines 12-15) There simply is no support in the patents’ claims or specifications for Defendants’ proposed qualifier … While Defendants use this fact to support their argument that “hydrophobic lip-idie balance” must be indefinite, the Court *517 disagrees because all of the evidence before the Court clearly establishes that HLB is a standard

<font color="red">DO NOT FILE IN THIS CASE</font> TRANSFERRED TO TRENTON - NEW CIVIL ACTION NO. 3:18-cv-13943

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

According to the Complaint, Plaintiff’s symptoms during the prior three or four days, were clearly stroke warning signs. … Here, the United States is immune from suit under Bivens because it has not explicitly waived sovereign immunity.

Zawadowicz v. CVS. Corp.

99 F. Supp. 2d 518 · District Court, D. New Jersey · May 30, 2000

Martin’s instruction contains the terms “will notify,” which *529 is clearly stated in future tense. … In .response, plaintiff argues that CVS’s argument confuses FMLA leave with an FMLA qualifying absence. FMLA leave consists of a series of related, FMLA-qualifying absences.

Pharmadyne Laboratories, Inc. v. Kennedy

466 F. Supp. 100 · District Court, D. New Jersey · Jan 10, 1979

Clearly, if I were construing the meaning of “new drug” without binding authority, I would opt for the FDA’s construction. … After qualifying as an organic chemist, Dr. Bauer testified as to the tests run under his supervision and the results thereof.

Serritella v. Engelman

339 F. Supp. 738 · District Court, D. New Jersey · Feb 24, 1972

First, it must be recognized that the receipt of welfare benefits is a matter of “statutory entitlement for persons qualified to receive them.” … This provision reads: A State plan for aid and services to needy families with children must (3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment

DURANTE v. United States

District Court, D. New Jersey · May 18, 2020

system has clearly been compromised since being here. At least half of the men in my pod have the same symptoms as mine. (Durante Dec. ⁋ 2.) … Durante has failed to demonstrate that he qualifies for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). The motion for compassionate release must be denied.

B.G. ex rel. F.G. v. Cranford Board of Education

702 F. Supp. 1158 · District Court, D. New Jersey · Dec 29, 1988

Department of Education, 471 U.S. 359 , 105 S.Ct. 1996 , 85 L.Ed.2d 385 (1985), was inapplicable to the established facts of this case. … Clearly, the concept of “related services” embraces and has been interpreted to include psychological services. T.G. v.

Daiichi Sankyo Co. v. Mylan Pharmaceuticals Inc.

670 F. Supp. 2d 359 · District Court, D. New Jersey · Jul 30, 2009

Olmesartan medoxomil also qualifies as an insurmountable antagonist. … A reference qualifies as prior art if it was published before the priority date. See 35 U.S.C. 102(a). Turning to the facts at hand, the Carini Article fails to qualify as a prior art reference.

Papianni v. International Ass'n of Bridge, Structural & Ornamental Iron Workers

622 F. Supp. 1559 · District Court, D. New Jersey · Dec 10, 1985

to which they are clearly entitled. … And, before Judge Meanor, they were successful in establishing that the terms of the Plumbers Local Consent Decree did not provide cause for the local’s failure to effect the transfers.