Case law

Caver v. City of Trenton

192 F.R.D. 154 · District Court, D. New Jersey · Mar 10, 2000

“Good cause is established on a showing that disclosure will work a clearly defined and serious injury to the party seeking closure. The injury must be shown with specificity.” Publicker Indus., *163 Inc. v. … BOLES is a Black Fraternal Police Organization established by black police officers from the Trenton Police Department in 1968.

Boston University v. Mehta (In Re Mehta)

262 B.R. 35 · District Court, D. New Jersey · May 10, 2001

Appellant BU argues that the following two findings of fact should be reversed as clearly erroneous: 1. … Clearly, the Debtor was the recipient of an “educational benefit” from Cabrini....

CVJETICANIN v. United States

District Court, D. New Jersey · Jan 31, 2022

in any qualified applicants. … Petitioner’s taped recording, the testimony of the witnesses establishing the mailed bills and payments, and the periodicals utterly devoid of promised advertisements clearly established Petitioner’s guilt, and nothing

Colgate Palmolive Co. v. W.L. Gore & Associates, Inc.

919 F. Supp. 767 · District Court, D. New Jersey · Mar 27, 1996

The doctrine ensures that patent pirates cannot immunize themselves from infringement liability by undertaking minor, insubstantial alterations solely to remove a product from the literal scope of a patent’s claims. … Id at 3 (emphasis in original). 3) It is well established that all limitations of a claim must be considered in determining the claimed subject matter.

HACKETT v. UNITED STATES DEPARTMENT OF JUSTICE

District Court, D. New Jersey · Jun 5, 2025

immunity on that allegation; and (v) Plaintiff’s IIED and NIED claims should also be dismissed becausewhile the Federal Tort Claims Act (“FTCA”) waives sovereign immunity for torts against the Un ited States, that is only … Count IV then, must be dismissed as [p]laintiffs cannot establish a Section 1983 claim because DOJ is not a ‘person’ under Section 1983.”).

IPPOLITO v. CARPENITO

District Court, D. New Jersey · Dec 5, 2019

Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … The issuance of the judgment Plaintiff requests would clearly impair the prosecutorial discretion of Carpenito.

FITCH v. KUHN

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

. § 1915(e)(2)(B) and dismiss any claim which is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … Plaintiff thus alleges facts clearly indicating that the prison and its staff were not deliberately indifferent to his needs, but instead sought to mitigate the threat of COVID-19.

SCANLON v. LAWSON

District Court, D. New Jersey · Feb 21, 2020

Unresolved issues of material fact preclude the grant of qualified immunity to Surrency and Balicki in their individual capacities. See Barton v. … There is no qualified immunity for § 1983 Monell claims.

LOPEZ v. MORRISON

District Court, D. New Jersey · Jul 10, 2023

§ 1915(e)(2\(B) and dismiss any claim which is frivolous, malicious, fails to state a claim for relief, ot seeks relief from an immune defendant. … Although Plaintiffs label their new filing as an amended complaint, it provides very little in the way of allegations, and the document is clearly net meant to stand on its own.

HPD Laboratories, Inc. v. Clorox Co.

202 F.R.D. 410 · District Court, D. New Jersey · Jun 8, 2001

Applicable Law The Federal Rules of Evidence establish the framework for assessing evidentiary privileges. … Therefore, to qualify for protection, Ms. Peeffs statements must have been made to assist Clorox’s attorneys to provide legal advice to their client. Adlman, 68 F.3d at 1499 .

DOYLE v. Y Z COMMERCE LLC

District Court, D. New Jersey · Dec 13, 2021

Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … must review the complaint and dismiss the action if it determines that the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune

DOYLE v. ARETE FINANCIAL GROUP LLC

District Court, D. New Jersey · May 12, 2022

Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … must review the complaint and dismiss the action if it determines that the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune

Medical Society of New Jersey v. Mottola

320 F. Supp. 2d 254 · District Court, D. New Jersey · Jun 8, 2004

Standard for preliminary injunction The standard for granting an application for a preliminary injunction is well established in this Circuit. . … Therefore, even pursuant to the framework of the HCQIA, the information ordered released to The Record by Judge Moses clearly falls under the carve out provision of Section 11137(b)(1). 3.

United States v. Nelson

672 F. Supp. 812 · District Court, D. New Jersey · Nov 5, 1987

The Second and Ninth Circuits, consistent, at least to me, with established precedent in this circuit, clearly require inducement or demand under color of official right. … The evidence discussed was furnished exclusively by Malouf testifying under a grant of immunity. The government provided no other evidence as to these matters.

Bell v. Lockheed Martin Corp.

270 F.R.D. 186 · District Court, D. New Jersey · Jun 23, 2010

Further, Plaintiff argues that Defendant fails to establish that conducting merits discovery at this time constitutes an undue burden. {Id. at 8-9.) … Although the scope of the court’s inquiry at the class certification stage may be circumscribed, clearly the court is required to consider merits issues if necessary to resolve class certification issues, which supports permitting

Jurista v. Amerinox Processing, Inc.

492 B.R. 707 · District Court, D. New Jersey · Apr 5, 2013

At no point in Jur-ista’s Complaint does he make any reference to “a charitable contribution to a qualified religious or charitable entity or organization.” … Moreover, it has not been clearly established — as turnover law requires — that any property within the Defendants’ possession rightfully belongs to Jermax.

DESPOSITO v. United States

District Court, D. New Jersey · Sep 29, 2021

beds clearly involved an ‘element of judgment or choice.’”); Jackson v. United States, No. CIV.A. 06-88 ERIE, 2007 WL 2033902, at *8–*9 (W.D. Pa. July 12, 2007) (same). … Moreover, “[w]hen established governmental policy, as expressed or implied by statute, regulation, or agency guidelines, allows a Government agent to exercise discretion, it must be presumed that the agent's acts are grounded

Mayflower Transit, LLC v. Prince

314 F. Supp. 2d 362 · District Court, D. New Jersey · Mar 30, 2004

The first three of these factors clearly favor Plaintiffs case. … Clearly, Defendant would not have chosen this domain name but for its similarity to the name of Plaintiffs company.

Sunkett v. Misci

183 F. Supp. 2d 691 · District Court, D. New Jersey · Jan 24, 2002

The balance of these factors clearly weighs against excluding any portion of Willis’s testimony. … The Plaintiffs’ allegations of a retaliatory conspiracy clearly fail to meet this standard.

DOYLE v. HEATH

District Court, D. New Jersey · Dec 13, 2021

Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … must review the complaint and dismiss the action if it determines that the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune