Case law

In Re Nazi Era Cases Against German Def. Litig.

320 F. Supp. 2d 235 · District Court, D. New Jersey · Jun 8, 2004

The delay in distributing the second tranche of payments qualifies as an actual injury, whereas the reduced amount expected in the second tranche is an imminent injury. … Clearly, intergovernmental efforts have continued beyond the Joint Statement and Executive Agreement.

THOMPSON-EL v. TOWNSHIP OF GREEN BROOK

District Court, D. New Jersey · Nov 21, 2024

To state a claim under § 1983, a plaintiff must establish that (1) the conduct deprived her of her rights, privileges, or immunities secured by the Constitution or laws of the United States and (2) the conduct challenged … immunity arguments with respect to those claims.

ALINTOFF v. BUCK III.

District Court, D. New Jersey · Jul 22, 2024

In New Jersey, a student with a qualifying disability is entitled to an IEP, which establishes the rationale for a student's educational placement and serves as the basis for program implementation. … Notwithstanding H.A.’s qualifying disability, the evidence and testimony provided during the Hearing established that H.A.’s disability does not unfavorably affect his education performance and he no longer requires

Reliable Volkswagen Sales & Service Co. v. World-Wide Automobile Corp.

216 F. Supp. 141 · District Court, D. New Jersey · Apr 11, 1963

The Court in Sommer went on to qualify this statement by saying “when read together they must disclose the contract declared upon.” See also H. Herfurth Jr., Inc. v. … Can it be said that W-W and Reliable assented that these writings should establish a contract? The answer is clearly negative.

ELFAR v. TOWNSHIP OF HOLMDEL

District Court, D. New Jersey · Jul 6, 2023

Div. 1990) (“Preparation of the State’s case is clearly a prosecutorial function and is a responsibility that cannot be shifted to others. ... … Defendant enjoys no such immunity. /d. at 58 (affirming that municipalities are “persons” subject to liability under section 1983 (citing Monell vy.

United States v. Motzell

199 F. Supp. 192 · District Court, D. New Jersey · Sep 25, 1961

This appears quite clearly in the discussion of this portion of the TaftHartley Act when the matter was before the Congress.” … If, however, tbe Hiring Engineer does not, within 72 hours exclusive of Sundays and holidays, obtain competent and qualified personnel as and when wanted by the Company, the Company will hire from any source.

Matter of New York, Susquehanna & Western R. Co.

504 F. Supp. 851 · District Court, D. New Jersey · Nov 18, 1980

However, the legislative history of the 4 R Act and prior Commission precedent is clearly to the contrary. … Furthermore, the ICC has qualified the applicability of the Oregon Short Line conditions in a ruling issued in that very proceeding.

BG BY FG v. Cranford Bd. of Educ.

702 F. Supp. 1158 · District Court, D. New Jersey · Dec 29, 1988

Department of Education, 471 U.S. 359 , 105 S.Ct. 1996 , 85 L.Ed.2d 385 (1985), was inapplicable to the established facts of this case. … Clearly, the concept of "related services" embraces and has been interpreted to include psychological services. T.G. v.

Arenas v. L'OREAL USA PRODUCTS, INC.

790 F. Supp. 2d 230 · District Court, D. New Jersey · May 13, 2011

A reading of these two sentences together clearly suggests that L’Oreal has the discretion to investigate the circumstances surrounding an employee’s accumulation of eighteen or more points and take those circumstances into … Arenas must demonstrate (1) that she belongs to a protected class, (2) that she was qualified for the position held, (3) that she was terminated despite adequate qualifications, and (4) a logical basis on which to find that

Brounstein v. American Cat Fanciers Assoc.

839 F. Supp. 1100 · District Court, D. New Jersey · Dec 1, 1993

Id. at 474. 6 Therefore, under New Jersey law, membership organizations are clearly covered entities under the LAD. … As such, it is clearly a privilege or advantage offered by the ACFA to certain of its members.

Digiacomo v. Prudential Insurance Co. of America

501 F. Supp. 2d 626 · District Court, D. New Jersey · Aug 10, 2007

DiGiacomo asserts that this decision was a procedural violation because, while DiGiacomo could not perform his occupation at that time, he could have done another job for which he was qualified, such as one involving a flexible … In March of 2003, DiGiacomo established a business called Robrita, LLC. (Pl.Cert.Ex.U). Prudential asserts that on April 8, 2003, Ro-brita purchased the property where the Nostalgia Room Restaurant is located. (Def.

Wiegand v. Motiva Enterprises, LLC

295 F. Supp. 2d 465 · District Court, D. New Jersey · Dec 16, 2003

The Court need not here determine whether the speech on the site qualifies as “fighting words” which are not provided First Amendment protection. … Here, there is a dispute of fact as to whether plaintiff can establish a claim of promissory estoppel.

Krause v. Cherry Hill Fire District 13

969 F. Supp. 270 · District Court, D. New Jersey · Jun 30, 1997

It is well-settled that this definition extends “the meaning of ‘employee’ to cover some individuals who would not qualify as such under a strict application of traditional agency law principles.” … Again, this memorandum clearly implies that these changes were mandated by the Department of Labor.

:MURRAY-BEY

District Court, D. New Jersey · Jul 16, 2026

Like “[S]ection 1983, [Section 1985(3) seeks to remedy the wrongful deprivation of rights, privileges, and immunities,” Bougher v. … This case is clearly not one of the exceedingly rare instances where removal of criminal proceedings to federal court is appropriate.

United States v. Procter & Gamble Co.

19 F.R.D. 122 · District Court, D. New Jersey · Apr 17, 1956

Specify the ‘joint action * * * with respect to matters affecting prices’ for which the Association was allegedly established. 3. Specify the other purposes for which the Association was established. 4. … He is immune from question or comment on his silence; he cannot be convicted when there is the least fair doubt in the minds of any one of the twelve.

DOE v. ROWAN UNIVERSITY

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

Upon establishing a prima facie retaliation claim, the burden shifts to the defendant to show a legitimate, nonretaliatory reason for its conduct. Id. … of the Qualifying Exam).

New Jersey Turnpike Authority v. PPG Industries, Inc.

16 F. Supp. 2d 460 · District Court, D. New Jersey · May 15, 1998

NJTA does not, of course, explain how its alleged status as the State exonerates it from the liability clearly imposed upon it as a PRP under CERCLA. … That theory is clearly inapplicable to the facts of the instant case.

FINNEMAN

District Court, D. New Jersey · Jan 8, 2026

Plaintiff’s IFP application establishes Plaintiff’s financial eligibility to proceed without prepayment of the filing fee and will be granted. 28 U.S.C. § 1915. … )(2)(B) requires courts to review the complaint and dismiss claims that: (1) are frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune

United States v. Atlantic States Cast Iron Pipe Co.

627 F. Supp. 2d 180 · District Court, D. New Jersey · Apr 30, 2009

PRISQUE clearly qualifies for the 4-level adjustment under Subsection (b)(1)(B) for his Count 27 conviction. … We find, and the parties do not dispute, that the CWA offenses and the corresponding Count 1 conspiracy objective, Objective A, clearly qualify for grouping under Section 3D1.2(d). (See, e.g., Davidson I at 50.)

United States Ex Rel. Merritt v. Hicks

492 F. Supp. 99 · District Court, D. New Jersey · Feb 20, 1980

Petitioner argues that the State suppressed exculpatory material in violation of the principles established in Brady v. … On previous occasions we have expressed our concern that individuals that cooperate with the United States Grand Jury pursuant to a grant of immunity should not be penalized for telling the truth.