Case law

TAKEDA PHARMACEUTICAL COMPANY LIMITED v. ZYDUS PHARMACEUTICALS (USA) INC.

District Court, D. New Jersey · May 18, 2022

Takeda invoked the Noerr-Pennington doctrine, see id. at *9, which extends First Amendment protection and immunity from antitrust liability to “[t]hose who petition [the] government for redress,” Pro. Real Est. … “To act as its own lexicographer, a patentee must ‘clearly set forth a definition of the disputed claim term’ other than its plain and ordinary meaning,” and it “must ‘clearly express an intent’ to redefine the term.”

Oberti Ex Rel. Oberti v. Board of Education

789 F. Supp. 1322 · District Court, D. New Jersey · Apr 24, 1992

The IDEA also establishes a preference for mainstreaming. … Additionally, we note that the following year, the School District clearly documented its consideration of alternate placements for Rafael. 14 .

Carton v. Choice Point & Choice Point Services, Inc.

450 F. Supp. 2d 489 · District Court, D. New Jersey · Sep 14, 2006

Remedies for breach are established by law or by the contract itself. 23 See Linan-Faye Constr. Co. v. … A liquidated damages clause is the classic remedy established by contract. 24 .

Samuel Friedland Foundation v. United States

144 F. Supp. 74 · District Court, D. New Jersey · Aug 24, 1956

or provide scholarships and fellowships for worthy and qualified persons without regard to sex, nationality, race, color or creed.” … or provide medical scholarships and fellowships for worthy and qualified persons without regard to sex, nationality, race, color or creed.

PPL EnergyPlus, LLC v. Hanna

977 F. Supp. 2d 372 · District Court, D. New Jersey · Oct 11, 2013

Massey was qualified as an expert “in the history and evolution of the electricity industry.” (T. 23,12-15). … The benefit sought was the timely construction of a qualifying new generation facility within the PJM territory.

Maietta v. United Parcel Service, Inc.

749 F. Supp. 1344 · District Court, D. New Jersey · Oct 1, 1990

His testimony clearly depicted circumstances which, as a matter of law, could not have created a reasonable apprehension that Barbillon or Foster would use force. … Maietta argues he has established a pri-ma facie case for a discriminatory discharge because (1) he is a member of a protected group; (2) he was terminated from a job for which he was qualified; and (3) his job was filled

Yan Wo Cheng v. Rinaldi

389 F. Supp. 583 · District Court, D. New Jersey · Feb 5, 1975

You have failed to establish that you have not been firmly resettled in Hong Kong. … A qualified alien from a Communist or Communist-dominated country or a country within the general area of the Middle East as defined in section 203(a)(7) of the Act should be considered for the benefits of the proviso to

Larison v. City of Trenton

180 F.R.D. 261 · District Court, D. New Jersey · May 5, 1998

If a proposed amendment is not clearly futile, *264 then denial of leave to amend is improper.” Weight et al., supra § 1487, at 637-42. … Since the New Jersey Tort Claims Act provides immunity for acts of actual malice or willful misconduct committed by its employees, the Trenton Police Department cannot be held liable for these acts on the part of its employees

Lithuanian Commerce Corp. v. Sara Lee Hosiery

179 F.R.D. 450 · District Court, D. New Jersey · Jun 29, 1998

In order to “establish! … court where the pre-trial order “did not clearly frame” the claims but “include[d] sufficient references” to them).

Student Public Interest Research Group of New Jersey, Inc. v. P.D. Oil & Chemical Storage, Inc.

627 F. Supp. 1074 · District Court, D. New Jersey · Jan 13, 1986

Instead, defendant broadly asserts that all of its permit violations qualify as upsets. EPA’s regulations do not permit this type of blanket defense. … It reflects the regulatory structure established by the Act.

Goss Ex Rel. Goss v. Alloway Township School

790 F. Supp. 2d 221 · District Court, D. New Jersey · Feb 7, 2011

To establish a claim under § 1983, “plaintiff[ ] must show that the defendant, under the color of state law, deprived [him] of a federal constitutional or statutory right.” Miller v. … Here, Defendants' policies at issue clearly would have been made with time for deliberation. Thus, the deliberate indifference standard applies. 6 .

Student Public Interest Research Group of New Jersey, Inc. v. AT & T Bell Laboratories

617 F. Supp. 1190 · District Court, D. New Jersey · Aug 30, 1985

Does the use of the present tense, “in violation”, mean that past violations are immunized from citizen suit enforcement? … To hold that DMRs and NCRs are adequate to establish liability does not mean they are conclusive proof.

United States v. Kramer

913 F. Supp. 848 · District Court, D. New Jersey · Oct 31, 1995

Clearly, double recovery is not permitted — even under CERCLA.” (Id.). … That court noted that “if a particular action qualifies as a ‘removal action’ under the definition contained in *860 CERCLA, the government’s costs are recoverable under the unambiguous language of § 107, regardless of what

D.M. v. Terhune

67 F. Supp. 2d 401 · District Court, D. New Jersey · Jul 30, 1999

The fourth Girsh factor concerns the risks of establishing liability. The Plaintiffs acknowledge that there are significant risks in establishing liability. … Finally, it provides for a qualified mental health expert to ensure compliance.

Reichhold, Inc. v. United States Metals Refining Co.

655 F. Supp. 2d 400 · District Court, D. New Jersey · Jun 22, 2009

To qualify each for reopening Reichhold must, at the outset, establish that its implementation resulted in out-of-pocket increased costs to Reichhold of $200,000 or more, over and above the out-of-pocket costs that Reichhold … That clearly was not what happened.

Helmsley v. Borough of Fort Lee

362 F. Supp. 581 · District Court, D. New Jersey · Aug 7, 1973

If Congress is authorized to act in a field, it should manifest its intention clearly. … Of what value is the HUD exemption when it is qualified as has been indicated ?

Homa v. American Express Co.

496 F. Supp. 2d 440 · District Court, D. New Jersey · May 31, 2007

Indeed, Utah law “enables parties to freely contract, establishing terms and allocating risks between them ... … Cash Advance of Ga., LLC, 400 F.3d 868, 878 (11th Cir.2005) ("[Precluding class action relief will not have the practical effect of immunizing [defendants].

RTC Mortgage Trust 1994 N-1 v. Fidelity National Title Insurance

981 F. Supp. 334 · District Court, D. New Jersey · Oct 20, 1997

This was clearly enunciated in Byrd v. Blue Ridge Rural Elec. Coop., Inc., 356 U.S. 525 , 78 S.Ct. 893 , 2 L.Ed.2d 953 (1958), which thereby tempered the scope of the outcome determinative test. … It must be noted that RTC has not suggested that Rules 8, 9, or 11 are unconstitutional or outside the boundaries established by the Rules Enabling Act, 28 U.S.C. § 2072 .

BEY v. THE SUPERIOR COURT OF NEW JERSEY

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

type of document was misrepresented to her and in what way, fails to identify or describe the document signed by Judge Pedrillo,3 does not allege that she was evicted or the otherwise deprived of her home,4 and does not clearly … Plaintiff bears the burden of establishing “the threshold for the first two ‘most critical’ factors . . . .

Crow-New Jersey 32 Ltd. Partnership v. Township of Clinton

718 F. Supp. 378 · District Court, D. New Jersey · Jul 28, 1989

floor area and the area of impervious coverage on proposed development, Section 1 of Ordinance # 386-88 provides: If one or more indications of wetlands are present, a wetlands report and delineation shall be prepared by a qualified … While the State of New Jersey clearly has preempted local ordinances that regulate activity affecting freshwater wetlands (N.J.S.A. 13:9B-30), the state has clearly defined those activities in N.J.S.A. 13:9B-3.