Case law

Stahl v. Township of Teaneck

162 F. Supp. 661 · District Court, D. New Jersey · May 28, 1958

The Court made the following cogent statement: “It is true, as a general rule, that the lex loci governs as to the validity of contracts, but this rule is subordinate to and is qualified by the doctrine that neither by comity … The legislature by such action clearly manifested an intention to close avenues to the unlicensed participation in the business of real estate brokerage.” (Emphasis supplied.) In Solomon v.

MANZANILLO v. United States

District Court, D. New Jersey · Jan 22, 2024

Pursuant to the statute, this Court is required to screen Plaintiff's complaint and dismiss any claim which is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … complained of falls within the limitation period, the court will permit the claim to proceed even where some of the events would otherwise be untimely, In order to receive this benefit, however, “a plaintiff must establish

NL Industries, Inc. v. Commercial Union Insurance

926 F. Supp. 446 · District Court, D. New Jersey · Apr 30, 1996

Clearly, therefore, the duty to defend is broader than the insurer’s obligation to indemnify. … Just as graffiti undoubtedly qualifies as property damage, so must the lead paint damage at issue here.

MITCHELL v. HUDSON COUNTY DEPARTMENT OF CORRECTIONS

District Court, D. New Jersey · Jun 24, 2024

It is, of course, possible that the evidence will contradict Plaintiff’s allegations or establish that the use of pepper spray was reasonable and justified under the circumstances. … Shabazz, 482 U.S. 342, 348 (1987) (“Inmates clearly retain protections afforded by the First Amendment, . . . including its directive that no law shall prohibit the free exercise of religion.”).

Waterfront Commission v. Construction & Marine Equipment Co.

928 F. Supp. 1388 · District Court, D. New Jersey · Jun 18, 1996

Mainly, the supply of waterfront labor would be regulated by a longshoremen’s register. 2 This register would include “all qualified longshoremen eligible.” N.J.S.A. § 32:23-27. … These centers were to be established and maintained by the Commission. 3 .

CASCIANO v. CITY OF PATERSON

District Court, D. New Jersey · Jan 19, 2022

The NJCRA affords a private cause of action to [a]ny person who has been deprived of any substantive due process or equal protection rights, privileges or immunities secured by the … As a result, the Court does not reach Defendants’ qualified immunity argument on this issue. C.

Harding v. Dana Transport, Inc.

914 F. Supp. 1084 · District Court, D. New Jersey · Jan 25, 1996

The challenge before this court is to determine whether the defendants have waived that which they so clearly and unequivocally claim. … As reflected both at federal common law and in the Federal Rules, the work product doctrine provides qualified not absolute protection. Id. at 239 , 95 S.Ct. at 2170 .

United States v. Atlantic States Cast Iron Pipe Co.

612 F. Supp. 2d 453 · District Court, D. New Jersey · Mar 23, 2009

First, it defines who qualifies as a “victim” under the statute. … It clearly encompasses OSHA’s particular efforts, in these three incidents [involving Messrs.

Viking Yacht Co. v. COMPOSITES ONE LLC

613 F. Supp. 2d 626 · 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).

KELLEY v. REYES

District Court, D. New Jersey · Jul 1, 2020

Entitlement to Qualified Immunity The allegations detailing how these Defendants intentionally coerced confessions, fabricated evidence (including the “tip,” an eyewitness identification … Lee), and hid material exculpatory and impeachment evidence foreclose a finding of qualified immunity at this time. Kelley and Lee ECF No.1 at ¶¶ 48–50, 51–57, 59, 79, 135, 147–48, 172.

LEE v. CLARK

District Court, D. New Jersey · Jul 1, 2020

Entitlement to Qualified Immunity The allegations detailing how these Defendants intentionally coerced confessions, fabricated evidence (including the “tip,” an eyewitness identification … Lee), and hid material exculpatory and impeachment evidence foreclose a finding of qualified immunity at this time. Kelley and Lee ECF No.1 at ¶¶ 48–50, 51–57, 59, 79, 135, 147–48, 172.

Cooper Health System v. Virtua Health, Inc.

259 F.R.D. 208 · District Court, D. New Jersey · Aug 4, 2009

Plaintiff also claims that Star’s redactions “clearly far exceed that permitted by [Judge Colalillo in her] ... February 18, 2009 Order and as stated by the Court during the February 17,2009 hearing.” Brief at 23. … However, the community of interest privilege is only applicable if an underlying privilege has been established. Louisiana Municipal Police Employees Retirement System v.

Clark v. Actavis Group HF

567 F. Supp. 2d 711 · District Court, D. New Jersey · Jul 25, 2008

This responsibility clearly lies within the realm of the FDA’s authority. 11 See id. § 7.41(a). The same is true of the recall procedures. … The case concerns the doctrine of sovereign immunity, id. at 715 , rather than the doctrine of primary jurisdiction.

TOKHI v. CITIZENSHIP AND IMMIGRATION SERVICES

District Court, D. New Jersey · Sep 3, 2025

The Court has serious misgivings that Plaintiffs can establish any of the requisite elements of contract formation and breach. … Defendants concede that this 2012 case “does hold that sovereign immunity is waived for equitable actions not brought under the APA,” and asks this Court to construe ambiguity here in favor of immunity. (Rep. at 6.)

JOYNER v. HANSSEN

District Court, D. New Jersey · Dec 8, 2021

That document, however, is clearly an amended complaint which reiterates the claims listed in the original complaint and expands upon them. … Rice, 40 F.3d 72, 75 (4th Cir. 1994) (“the Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state”).

Retter v. Georgia Gulf Corp.

755 F. Supp. 637 · District Court, D. New Jersey · Jan 28, 1991

To state a prima facie case of age discrimination, plaintiff must show (1) that he belongs to a protected class, (2) that he was qualified for and satisfactorily performing his position, (3) that he was fired in spite of … Further, the Third Circuit has clearly stated that “from a legal perspective managers are not compelled to convey their dissatisfaction to employees.” Healy, 860 F.2d at 1216 .

Treusch v. Center Square Supermarket, LLC

921 F. Supp. 2d 336 · District Court, D. New Jersey · Jan 31, 2013

The Supreme Court has clearly held that a claim “arising under § 301 is controlled by federal substantive law even though it is brought in a state court.” Avco Corp., 390 U.S. at 560 , 88 S.Ct. 1235 . … Accordingly, it is clearly established that federal law governs an employee’s claim against a union for breach its duty of fair representation.

Harris v. Ricci

8 F. Supp. 3d 583 · District Court, D. New Jersey · Mar 28, 2014

Petitioner’s emotions experienced upon being charged with *.010, cannot qualify as “actual injury.” See Pryer v. … “Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Product Safety Commission v.

PARKS v. CFG HEALTH SERVICES

District Court, D. New Jersey · May 6, 2024

I find that Kelsey has shown that plaintiff cannot establish Kelsey was deliberately indifferent to plaintiff’s medical needs. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). … immunity argument beyond noting that the evidence viewed in the light most favorable to plaintiff does not show that Kelsey violated a federal statutory or constitutional right.

Atlantic City Racing Assoc. v. Sonic Financial Corp.

90 F. Supp. 2d 497 · District Court, D. New Jersey · Feb 22, 2000

establishes that Sonic had completed inspection to its satisfaction as to these subjects. … Lack of Shareholder Approval ACRA does not dispute that the issue of shareholder approval qualifies as a title matter.