Case law

Halvajian v. Bank of New York

216 B.R. 502 · District Court, D. New Jersey · Jan 8, 1998

Under one particularly expansive decision in the Third Circuit, even if the bankruptcy court’s order does not qualify as a final order, the district court has the power to entertain this appeal as an interlocutory appeal … The Court notes that the factors listed in the statute, upon which cause to convert may be established, are not exhaustive. See supra text p. 511.

KAYE v. NUSSEY

District Court, D. New Jersey · Apr 26, 2023

alternative, Defendants Cape Regional Medical Center and Cape Regional Health System seek summary judgment as to their affirmative defense of charitable immunity pursuant to the New Jersey Charitable Immunity Act (“NJCIA … Here, there is clearly a factual dispute about whether the hospital’s conduct led Decedent to reasonably believe that the Individual Defendants were acting on its behalf.

Internal Revenue Service v. Pransky

261 B.R. 380 · District Court, D. New Jersey · Mar 30, 2001

Statute of Limitations Pursuant to 26 U.S.C. § 6532 (a) The doctrine of sovereign immunity allows for suits against the government only when the United States has consented to be sued and this consent defines whether a court … There is no mention in either case that the taxpayers would have been allowed to assert any defenses to those assessments out of time. 5 The foregoing authority clearly establishes that a debtor may not avoid the strict statute

THE MECHANICAL CONTRACTORS ASSOCIATION OF NEW JERSEY, INC. v. STATE OF NEW JERSEY

District Court, D. New Jersey · May 28, 2021

The fact that Defendants were possibly motivated by other factors does not establish that Defendants’ alleged purposes are inconceivable. … Privileges and Immunities Claim Next, Plaintiffs claim that the ownership requirement violates the Privileges and Immunities Clause. See Pl. Br., at 27.

Wirtz v. Wheaton Glass Co.

284 F. Supp. 23 · District Court, D. New Jersey · May 1, 1968

Defendant, in advancing justification both factually and legally for the wage rate differential between men and women, claims that the proofs at trial clearly establish essential and substantia] differences in job performance … There was some testimony that some females lifted more than 35 lbs. on occasion and that they did not clearly understand that there was a rule. 9 .

Public Service Electric & Gas Co. v. Associated Electric & Gas Insurance Services

745 F. Supp. 1037 · District Court, D. New Jersey · Sep 19, 1990

London Market and Travelers Indemnity Company, participating as Amicus Curiae, suggest that the subject Order is clearly erroneous and contrary to law for a variety of reasons. … However, if you wish to do so, you may call 1-800-628-8110, a toll free number that has been established by Public Service for your convenience.

Stephenson v. Bell Atlantic Corp.

177 F.R.D. 279 · District Court, D. New Jersey · Dec 11, 1997

Commonality and, Predominance To qualify as a class under Rule 23(b)(3), plaintiffs must demonstrate that “questions of law or fact common to members of the class predominate over any questions affecting only individual members … This reasoning is clearly insufficient, for the fact that all putative class members seek to hold BA liable under the same legal theory does not establish commonality; plaintiffs must show that specific legal and factual

Bracco Diagnostics, Inc. v. Amersham Health, Inc.

627 F. Supp. 2d 384 · District Court, D. New Jersey · Jun 5, 2009

Murray did not qualify or specifically identity Omnipaque as being the traditional LOCM. … established the claim made.”

BRITTON v. LANIGAN

District Court, D. New Jersey · Sep 30, 2019

Petitioner has the burden of establishing each of his claims. See Eley v. Erickson, 712 F.3d 837, 846 (3d Cir. 2013). … The state court decision was, therefore, not contrary to or an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts

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.

Morton Internationa, Inc. v. A.E. Staley Manufacturing Co.

106 F. Supp. 2d 737 · District Court, D. New Jersey · Jul 19, 2000

“If a proposed amendment is not clearly futile, then denial of leave to amend is improper.” … Although prior case law has often not found liability when legitimate recycling activities were undertaken, the law does not appear to have been clearly established that recyclers would not be liable. 20 I *759 cannot conclude

A.F.I.K. Holding SPRL v. Fass

216 F.R.D. 567 · District Court, D. New Jersey · Sep 4, 2003

Thus, the Third Circuit refined the lead plaintiff selection and rebuttal process and established a standard procedure. … (stating that the adequacy of representation inquiry involves consideration of both whether “the interests of the named plaintiffs [are] sufficiently aligned with those of the absentees” and whether “class counsel [is] qualified

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.

Martinez-Santiago v. Public Storage

38 F. Supp. 3d 500 · District Court, D. New Jersey · Aug 14, 2014

The Federal Rules of Civil Procedure and the New Jersey Court Rules clearly establish legal rights and responsibilities of litigants and dictate the timing to interpose or waive defenses. … This duty was clearly established at the time that Plaintiff signed her lease.

Artway v. Scheidemantel

671 F. Supp. 330 · District Court, D. New Jersey · Oct 28, 1987

The fact that the defendant satisfied the requirements of those cases does not immunize her from claims that she denied Artway constitutional due process regarding a determination not discussed by those opinions. … This Court clearly has authority to enter summary judgment against the moving party, even if her opponent has not moved. 6 Moore’s Fed.Prac., para. 56.12 (2d Ed.1976); Morrissey v.

YOUNG v. CASTEN

District Court, D. New Jersey · Sep 2, 2025

Throughout his explication of alleged constitutional violations, Plaintiff cites to a series of cases that he describes as “this Court’s precedent” and “this Court’s established constitutional standards.” … Thus, Judge Casten is immune from suit insofar as Plaintiff seeks injunctive relief. !

Lieberson v. Johnson & Johnson Consumer Companies, Inc.

865 F. Supp. 2d 529 · District Court, D. New Jersey · Sep 21, 2011

The Products at issue here are clearly manufactured for the purpose of washing and moisturizing babies’ skin. … Aug. 30, 2011) (dismissing named plaintiff based on an absence of qualifying purchases and holding that counsel could qualify as class counsel if they were able to find a suitable class plaintiff). .

INDIVIOR INC. v. ALVOGEN PINE BROOK, INC.

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

New Jersey-Philadelphia Presbytery of the Bible Presbyterian Church v. New Jersey State Board of Higher Education

514 F. Supp. 506 · District Court, D. New Jersey · May 18, 1981

Moreover, as of the present time it has only six applicants for its fall, 1981 freshman class, none of whom have yet been determined to be qualified for admission. … It clearly imposed an additional burden on the ability of Shelton to operate and thus on the exercise of religious rights.

Residences at Bay Point Condominium Ass'n v. Standard Fire Insurance

41 F. Supp. 3d 427 · District Court, D. New Jersey · Aug 28, 2014

The NFIA further authorized FEMA to “prescribe regulations establishing the general method or methods by which proved 'and approved claims for losses may be adjusted and paid for any damage to or loss of property which is … Other sections of the Manual clearly evidence the unworkability of Plaintiffs definition.