Case law

VIFOR (INTERNATIONAL) AG v. MYLAN LABORATORIES LTD.

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

The Applicant then further explained that although the prior art disclosed binding to anti-dextran antibodies, “the Office . . . failed to establish that any such binding results in an immune reaction and, as such, the … Clearly, the decision to incorporate “human” in the application signals the potential for non-human subjects.

Burgese v. Starwood Hotels & Resorts Worldwide, Inc.

101 F. Supp. 3d 414 · District Court, D. New Jersey · Apr 14, 2015

The precedent in this circuit clearly indicates that ‘a RICO enterprise exists where a group of persons associate, formally or informally, with the purpose of conducting illegal activity.’ ” (citations omitted)). … “To establish open-ended continuity, a plaintiff must establish that the predicate acts were the enterprise’s ‘regular way of doing business’ or threaten repetition in the future.” Spadaro, 855 F.Supp.2d at 1351.

CRESCI v. CITY OF BAYONNE

District Court, D. New Jersey · Jan 23, 2023

dismissing each of Cresci’s claims: First, I explained that I dismissed the civil rights claims against Elawady, Olmo, Ragozzino, DeMarco, Davis, Kubert, and the John Doe defendants because the Amended Complaint failed to establish … Notably, the Griffin Court emphasized that § 1985(3) requires the “intent to deprive of equal protection, or equal privileges and immunities.”

COUSAR v. MORGAN

District Court, D. New Jersey · Jul 7, 2022

Plaintiff argues when Defendant Ciacci applied for the arrest warrant he did not establish probable cause. (Id. ¶ 61.) … App’x at 171–72 (affirming grant of summary judgment to defendants in false arrest § 1983 case on basis of probable cause and qualified immunity where warrant “appears on its face to be valid”) Where

Shahmoon Ind. Inc. v. United Steelworkers of Amer.

263 F. Supp. 10 · District Court, D. New Jersey · Dec 29, 1966

But it is only when the arbitrator clearly goes beyond the scope of the submission that the courts will interfere. … Shahmoon’s understanding that company policy was involved is clearly indicated by plaintiff's *17 exhibits 2, 6 and 8. See John Wiley & Sons, Inc. v.

Barrows v. Chase Manhattan Mortgage Corp.

465 F. Supp. 2d 347 · District Court, D. New Jersey · Dec 8, 2006

established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty … established legal right” of Plaintiff.

CANGO

District Court, D. New Jersey · Jan 15, 2026

Jan. 5, 2007) (“The [p]laintiff is clearly a member of a protected class in being a female,.”); Marte v. Oliver, No. 20-252, 2020 WL 6544978, at *4 (M.D. Pa. Nov. 6, 2020) (noting that “Latin[as] . . . … was the less qualified candidate.”

CALABRESE v. TIERNEY

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

Second, Defendant contends that he has qualified immunity for his actions and thus cannot be held liable. … immunity. 1A IV.

BROWN v. QUINN

District Court, D. New Jersey · Dec 27, 2022

accompanying claim of false imprisonment under the Fourth Amendment, “a plaintiff must establish: (1) that [he] was detained; and (2) that the detention was unlawful.” Id. at 682–83. … Finally, as the Court intends to dismiss the Complaint, the Court declines to decide Defendant Quinn’s qualified immunity claims. IV.

United States v. Otero

849 F. Supp. 2d 425 · District Court, D. New Jersey · Mar 15, 2012

The Court, of course, recognizes that Federal Rule of Evidence 702 permits one to be qualified as an expert through various means, including study of the literature relating to a field. … Clearly, the evidence will assist the trier of fact to determine a fact in issue, that is, Defendants’ alleged involvement in the May 10, 2010 armed robbery at the Exxon/Tiger Mart in Wayne, New Jersey.

United States v. Jaramillo

4 F. Supp. 2d 341 · District Court, D. New Jersey · Apr 13, 1998

The Colletti court indicated that to warrant an upward adjustment pursuant to Section 3C1.1 “the perjury of the defendant must not only be clearly established, and supported by evidence other than the jury’s [sic] having … of the defendant must not only be clearly established, and supported by evidence other than the jury's [sic] having disbelieved [the defendant], but also must be sufficiently far-reaching as to impose some incremental burdens

Martini v. Hendricks

188 F. Supp. 2d 505 · District Court, D. New Jersey · Mar 15, 2002

Because the state supreme court’s determination of the facts and application of *516 clearly established federal law was reasonable, this Court denies relief on this ground. III. … Zappala based on her remarks concerning the veracity of police officers” was a reasonable interpretation of the facts and a reasonable application of clearly established federal law.

DIBEASE v. United States

District Court, D. New Jersey · Sep 18, 2023

Defendant is Immune from Suit under the FTCA’s Discretionary Function Exception. … (Def.’s Br., ECF No. 7-5 at 30) (emphases added).3 The plain language of the POM clearly grants the postmaster the discretion to choose whether or not the lobby of the Post Office remains open twenty-four hours a day.

CLAUSELL

District Court, D. New Jersey · Jan 15, 2026

Jan. 5, 2007) (“The [p]laintiff is clearly a member of a protected class in being a female,.”); Marte v. Oliver, No. 20-252, 2020 WL 6544978, at *4 (M.D. Pa. Nov. 6, 2020) (noting that “Latin[as] . . . … was the less qualified candidate.”

W.P. v. Poritz

931 F. Supp. 1187 · District Court, D. New Jersey · Mar 15, 1996

It must be clearly stated that this Court is not being asked to review the decision of the Supreme Court of New Jersey in Doe v. Poritz. … A plaintiff must establish both items (1) and (2) above in order to obtain a preliminary injunction. Morton v. Beyer, 822 F.2d 364, 367 (3d Cir.1987).

NICHOLSON v. BRENNAN, POSTMASTER GENERAL

District Court, D. New Jersey · Dec 17, 2020

for material adversity, the United States Supreme Court has commented that “it is important to separate significant from trivial harms,” further stating “[a]n employee’s decision to report discriminatory behavior cannot immunize … To establish a prima facie case of disability discrimination under the Rehabilitation Act, a plaintiff must establish that “(1) he is disabled, (2) he is otherwise qualified to perform essential functions of his job with

BREAKWATER TREATMENT AND WELLNESS CORP. v. THE CITY OF ASBURY PARK

District Court, D. New Jersey · Apr 10, 2024

Having found that Plaintiff fails to establish a due process claim and an equal protection claim under the Fourteenth Amendment, the Court, at this juncture, declines to assess Defendants’ arguments as to qualified … immunity and an improper Monel!

Han v. FOOD & NUTR. SERV. OF US DEPT. OF AGRI.

580 F. Supp. 1564 · District Court, D. New Jersey · Mar 23, 1984

Participating retail establishments are authorized to accept food stamps from customers, *1567 in exchange for payment by the United States of full face value of all food stamp coupons accepted by the establishment or reimbursement … "The privilege is a qualified one and requires balancing the public interest in protecting the flow of information and assistance to the enforcement authorities against a party's right to prepare his case." 8 Wright & Miller

American Marine Rail NJ, LLC v. City of Bayonne

289 F. Supp. 2d 569 · District Court, D. New Jersey · Nov 6, 2003

If a measure is not discriminatory, it will be found unconstitutional if the burden it imposes on interstate commerce “is clearly excessive in relation to its putative local benefits.” Pike v. … establish a protected interest.

Hospital Computer Systems, Inc. v. Staten Island Hospital

788 F. Supp. 1351 · District Court, D. New Jersey · Apr 1, 1992

The Court does not believe that HCS has carried its heavy burden to establish waiver as a matter of law. … Nothing in the record clearly indicates that SIH at any time intended to waive the defects in HCS’s performance under the contract.