Case law

Armco Inc. v. Glenfed Financial Corp.

720 F. Supp. 1129 · District Court, D. New Jersey · Aug 8, 1989

Inclusion of the qualifier "realizable” in the Complaint, but the noticable absence of it from the contract itself, is telling. … As to the third argument, Glenfed argues "the precedents establish that intentionally misleading conduct is not a prerequisite to estoppel." Defendant’s Fourth Brief, p. 23.

United States v. Reeves

891 F. Supp. 2d 690 · District Court, D. New Jersey · Jul 3, 2012

The New Jersey APA sets forth four procedural requirements that each agency must satisfy in order to establish a binding *705 rule or regulation. … The term “law or regulation of any state” requires reference to the state law to determine if a given requirement qualifies as a law or regulation under state law.

CHAUDHARY v. PENNEY

District Court, D. New Jersey · Nov 8, 2022

Eisenstein is qualified to give testimony on Dr. Patel and Dr. Singer’s standard of care because “Dr. … Of course, Plaintiff must establish that Dr. Eisenstein is qualified to render this opinion before presenting it at trial.

Carter v. Rafferty

621 F. Supp. 533 · District Court, D. New Jersey · Nov 13, 1985

The extensive record clearly demonstrates that petitioner’s convictions were predicated upon an appeal to racism rather than reason, and concealment rather than disclosure. … The finding is clearly labelled as a conclusion of law in the opinion on remand and was subsequently rejected by the New Jersey Supreme Court as it is by this court.

N.J. Bldg. Laborers' Statewide Pension Fund & Trs. Thereof v. Richard A. Pulaski Constr.

322 F. Supp. 3d 546 · District Court, D. New Jersey · May 16, 2018

The third duty is to clearly explain the facts and the legal principles underpinning the Court's decision. Like any jury, the Court performs these duties fairly and impartially. … The Pension Fund qualifies to commence this action under §§ 502(d)(1) and 4301(a)(1) of ERISA, 29 U.S.C. §§ 1132 (d)(1), 1451(a)(1). (Stipulated Facts ¶ 2).

Watkins v. Nabisco Biscuit Co.

224 F. Supp. 2d 852 · District Court, D. New Jersey · Sep 26, 2002

Racial discrimination (discriminatory discharge) To establish a prima facie case of discriminatory discharge under Title VII, Watkins must show: (1) that he is a member of a protected class; (2) that he was qualified for … First, Defendants argue that Plaintiff cannot establish that he was qualified for the position since “he clearly was not performing his position at a level that satisfied the employer’s legitimate expectations.” (Defs.’

Holk v. Snapple Beverage Corp.

574 F. Supp. 2d 447 · District Court, D. New Jersey · Jun 13, 2008

beverage that contains less than 100 percent and more than 0 percent fruit or vegetable juice, the common or usual name shall be a descriptive name ... and, if the common or usual name uses the word “juice,” shall include a qualifying … Determinations regarding what should or should not be permitted on a beverage label are clearly within the expertise of the FDA, which has already expended tremendous resources and time considering this “field” and its impact

WEAVER v. BARRETTE OUTDOOR LIVING, INC.

District Court, D. New Jersey · Jun 28, 2024

McDonnell Douglas first requires the plaintiff to establish a prima facie case of discrimination. See 411 U.S. at 802. … Thus, Plaintiff received at least one verbal warning and one written warning and was clearly on notice that he could be terminated for further violations of Defendant’s company policy.

DAVIS v. KING

District Court, D. New Jersey · May 26, 2022

Thus, the Court finds that Plaintiff established that he qualifies for permission to proceed IFP as he lacks the financial ability to pay the filing fee. … In the event that Plaintiff believes that he is able to establish this Court’s subject matter jurisdiction, he shall refile a complaint with this Court that clearly sets forth the basis for the Court’s subject matter jurisdiction

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.

NEW JERSEY BANKERS ASSOCIATION v. GREWAL

District Court, D. New Jersey · Aug 31, 2023

an immunity defense. … The district court found that the officials were indeed immune and granted them summary judgment. /d.

Shoemaker v. Handel

608 F. Supp. 1151 · District Court, D. New Jersey · May 13, 1985

person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … Plaintiffs also argue that the regulations do not clearly safeguard against the disclosure of information obtained by the testing program or the medical forms.

Burke v. Donington, Karcher, Salmond, Ronan & Rainone, P.A. (In Re Donington, Karcher, Salmond, Ronan & Rainone, P.A.)

194 B.R. 750 · District Court, D. New Jersey · Apr 16, 1996

Clearly, this action may not be deemed to be within the “core” jurisdiction of the bankruptcy court. … Further, issues of state law clearly predominate.

Hudsinus v. Heckler

587 F. Supp. 814 · District Court, D. New Jersey · May 30, 1984

the scope of judicial review of administrative action includes the authority to “hold unlawful and set aside agency action, findings, and conclusions found to be ... contrary to constitutional right, power, privilege, or immunity … In Goldberg , the Supreme Court established a right to an evidentiary hearing prior to termination of welfare benefits.

Local 145, International Ladies Garment Workers' Union v. Fashion Associates, Inc.

596 F. Supp. 77 · District Court, D. New Jersey · Aug 3, 1984

Finally, while Fashion Associates is correct that the affidavits of counsel are not always the optimal way to establish facts, the court does not find the affidavits of Mr. … Rosenberg has not demonstrated the bias which Fashion Associates attributes to him: his alleged *84 ex parte contact with the Union was due to the fact that Fashion Associates sued both Rosenberg — despite his arbitral immunity

EMRIT v. SPECIAL AGENT IN CHARGE OF THE FBI

District Court, D. New Jersey · Mar 10, 2025

Here, Plaintiff makes no colorable argument that venue lies in this District, as it clearly does not. First, Plaintiff does not allege that Defendant resides in New Jersey. … While “the Third Circuit has established that ‘district courts should generally not dismiss in forma pauperis complaints for improper venues,’ but rather, should ‘expressly consider whether the interests of justice weigh

Yong Soon Oh v. AT & T Corp.

225 F.R.D. 142 · District Court, D. New Jersey · Dec 22, 2004

“Those factors are: (1) the complexity and duration of the litigation; (2) the reaction of the class to the settlement; (3) the stage of the proceedings; (4) the risks of establishing liability; (5) the risks of establishing … The fifth factor the Court considers is the risks of establishing damages.

LEJON-TWIN EL v. STATE OF NEW JERSEY-JOHN JAY HOFFMAN

District Court, D. New Jersey · Jun 28, 2022

fundamental right to establish a religion and freely exercise therein.” … immunity or that the County Defendants are immune from vicarious liability under § 1983.

Lynch v. New Deal Delivery Service Inc.

974 F. Supp. 441 · District Court, D. New Jersey · Aug 12, 1997

When the conduct is not clearly sexual or sexist in nature, a plaintiff must establish a prima facie case by showing that the conduct more likely than not occurred because of her sex. Id. … Industry practice or standards, as set out by a qualified auditor, may provide a reasonable and objective measure of what effect, if any, in terms of savings, Lynch’s initiatives as chief financial officer had on the company

FERNANDEZ v. UNITED STATES NATIONAL PARK SERVICE

District Court, D. New Jersey · May 31, 2024

Second, the United States is immune from suit under the New Jersey Landowner Liability Act (NJLLA), N.J. Stat. Ann. § 2A:42A-3. Finally, Jaime Fernandez did not exhaust his administrative remedies. II. … See Abunabba, 676 F.3d at 335 (finding that a previous version of NPS policies “clearly vest local NPS officials with broad discretion to develop appropriate responses to natural hazards”).