Case law

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.

SGA Financial Corp. v. United States Small Business Administration

509 F. Supp. 392 · District Court, D. New Jersey · Feb 27, 1981

Defendant, United States Small Business Administration (“SBA”), is a federal agency which administers a federal loan program for qualified small businesses. … Thus, the legislative scheme clearly contemplates a broad exercise of discretionary power by SBA.

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

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

613 F. Supp. 2d 518 · District Court, D. New Jersey · Mar 25, 2009

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

Gayle v. Johnson

4 F. Supp. 3d 692 · District Court, D. New Jersey · Mar 14, 2014

According to the BIA, the INS’s contrary position failed to allow for any review of the INS’s determination, which was clearly at odds with the regulations. See id. … [Joseph ] establishes a system of ‘detention by default' by placing the burden fully on the alien to prove that he should not be detained.”). .

Szczubelek v. Cendant Mortgage Corp.

215 F.R.D. 107 · District Court, D. New Jersey · Mar 31, 2003

See Hoxworth, 980 F.2d at 924 (plaintiffs’ attorney must be qualified, experienced, and generally able to conduct proposed litigation). … Rapps, 132 F.R.D. 226, 232 (W.D.Mo.1990) (attorney with twelve years experience was well qualified to be class counsel); Armstrong v.

Mullen v. New Jersey Steel Corp.

733 F. Supp. 1534 · District Court, D. New Jersey · Mar 26, 1990

This requires proof that plaintiff establish he (1) belongs to a protected class, (2) applied for and was qualified for the job, (3) was rejected despite his qualifications and (4) was replaced by a person sufficiently young … Any understanding by Mullen that termination did not affect stock options was clearly unreasonable given the record. 18 3.

Douglas Spiel, MD, PA v. Horizon Blue Cross Blue Shield of New Jersey

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

Section 9 of the FAA establishes the process by which parties may seek to have a court confirm and enforce an arbitration award. 9 U.S.C. § 9. … The NSA clearly lacks any language that would create a cause of action or right to have an IDR award confirmed by this Court.

Complete Medical Wellness LLC v. Horizon Blue Cross Blue Shield of New Jersey

District Court, D. New Jersey · Dec 1, 2025

Section 9 of the FAA establishes the process by which parties may seek to have a court confirm and enforce an arbitration award. 9 U.S.C. § 9. … The NSA clearly lacks any language that would create a cause of action or right to have an IDR award confirmed by this Court.

Kreimer v. Bureau of Police for Town of Morristown

765 F. Supp. 181 · District Court, D. New Jersey · May 22, 1991

However, in establishing regulations for use, the conditions imposed must be specific, their purposes necessary, and their effects neutral. … ; the fact that some may find the patron “offensive” does not qualify as a disruption.

In re the Extradition of Singh

123 F.R.D. 127 · District Court, D. New Jersey · Nov 2, 1987

Carr, 369 U.S. at 217 , 82 S.Ct. at 710 , that construing application of a treaty’s political offense exception clause requires ‘an initial policy determination of a kind clearly for nonjudicial discretion.’ … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference. Harisiades v.

PINTO v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

District Court, D. New Jersey · Jul 19, 2024

Under Rule 12(c), “judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Jablonski v. … See Jablonski, 863 F.2d at 290 (“[JJudgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved.)

Smith v. Saraf

148 F. Supp. 2d 504 · District Court, D. New Jersey · Jul 3, 2001

is at the heart of the necessarily unique structure of the military establishment. … Wade, 410 U.S. 113 , 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973), which established a woman’s qualified right to terminate her pregnancy, this Court recognized causes of action of both parents and infants harmed by doctor’s negligence

DRONEY v. VIVINT SOLAR

District Court, D. New Jersey · Mar 19, 2021

Judge Schneider determined that “Hendricks is qualified to testify about the general areas of credit reporting and credit data privacy. … However, Hendricks is not qualified to testify about plaintiffs’ damages, emotional or physical, or damages expected to flow from FCRA violations.

Lupian v. Joseph Cory Holdings, LLC

240 F. Supp. 3d 309 · District Court, D. New Jersey · Mar 7, 2017

New Jersey clearly has a substantial relationship to the parties because Defendant is its citizen and the first exception, therefore, does not apply. The second exception, however, applies in the instant case. … The statute also., expressly reserves state authority to regulate such areas as uniform cargo rules and antitrust immunity for, agent-van line operations, among other similar concerns. See § 14501(c)(3).

Northeast Neurosurgical Associates v. Horizon Blue Cross Blue Shield of New Jersey

District Court, D. New Jersey · Nov 25, 2025

qualified IDR item or service and that are furnished in the same geographic region (as defined by the Secretary for purposes of such subsection) as such qualified IDR item … The NSA clearly lacks any language that would create a cause of action or right to have an IDR award confirmed by this Court.

Gillon v. Bernstein

218 F. Supp. 3d 285 · District Court, D. New Jersey · Nov 3, 2016

Publication Both statements clearly satisfy the element of publication by virtue of the fact that Defendant posted them on the Ripoff Report website. … McMurray’s experience qualifies him to opine on the deleterious effect of negative internet postings to businesses. See Pis.’ Opp’n, Ex. A-7 at 1. Mr.

DRONEY v. VIVINT SOLAR

District Court, D. New Jersey · Jun 23, 2020

Judge Schneider determined that “Hendricks is qualified to testify about the general areas of credit reporting and credit data privacy. … However, Hendricks is not qualified to testify about plaintiffs’ damages, emotional or physical, or damages expected to flow from FCRA violations.

WILLIAMS v. JOHNSON

District Court, D. New Jersey · May 26, 2021

Federal law is clearly established for these purposes where it is clearly expressed in “only the holdings, as opposed to the dicta” of the opinions of the United States Supreme Court. See Woods v. … As the change Petitioner challenges was merely procedural and did not meaningfully increase the likelihood of prolonged detention of that previously in place, the 1997 amendment does not qualify as an improper Ex Post

Castellani v. City of Atlantic City

102 F. Supp. 3d 657 · District Court, D. New Jersey · Apr 9, 2015

Cumberland Cnty., A government policy or custom can be established in two ways: Policy is made when a decisionmaker possessing final authority to establish a municipal policy with respect to the action issues an official … The law enforcement privilege is a “qualified privilege designed to prevent the disclosure of information that would be contrary to’the public interest in the effective functioning of law enforcement.”