Case law

KOUTZIS v. MELLEBY

District Court, D. New Jersey · Aug 28, 2019

Plaintiffs assert the 3 Based on the Court’s ruling here, the Court finds that Defendants’ qualified immunity argument is moot. 4 The Court notes that Plaintiff … It is clear that elements three and four are met here, as the allegedly false report may qualify as an act in furtherance of a conspiracy and the allegation of a false arrest clearly alleges

Altana Pharma AG v. Teva Pharmaceuticals USA, Inc.

532 F. Supp. 2d 666 · District Court, D. New Jersey · Sep 6, 2007

This Court finds that Plaintiffs have failed to establish irreparable harm. … In both of these cases, the Federal Circuit indicated that the district court did not clearly err in finding that the plaintiff established irreparable harm by arguing some of the same types of harms Plaintiffs allege here

SMITH v. TSOUKARIS

District Court, D. New Jersey · May 14, 2020

Specifically, Petitioner contends that he is a long-time smoker, that he had his spleen removed in 1996 which to some extent weakened his immune system, that he has had a strangulated hernia, and that on two occasions fifteen … Apr. 7, 2020) (denying request for TRO by habeas petitioner as he could not establish deliberate indifference to his medical needs).

Karp v. Collins

310 F. Supp. 627 · District Court, D. New Jersey · Mar 12, 1970

While applying to the universe of crimes and petty offenses, the statute makes no attempt to limit “place” to a specific or identifiable location or an area which could be deemed its curtilage, nor does it establish some … the hearers, since the interest we seek to protect is freedom from present nuisance rather than freedom from anticipated violence. * * * A rule that words may be punished only if they tend to provoke violence would give immunity

ARORA v. BARRETTA

District Court, D. New Jersey · Sep 24, 2019

For removal to be proper under § 1331, the removed claims must arise from a “right or immunity created by the Constitution or laws of the United States.” Concepcion v. CFG Health Sys. … This type of jurisdiction is clearly not applicable here. “A case arises under title 11 ifit invokes a substantive right provided by title 11.” /d.

B.Y.C.C. v. United States

District Court, D. New Jersey · Aug 15, 2023

Rule 12(b)(1)—Lack of Subject-Matter Jurisdiction “T]he United States enjoys sovereign immunity from suits and, accordingly, may be sued only if it has waived that immunity.” Beneficial Consumer Disc. Co. v. … Brinton, Three-Dimensional Sovereign Immunity, 54 Santa Clara L. Rev. 237, 249 (2014).

Wilma Bersach Yanes Chacon (Next Friend), on behalf of her husband Pedro Antonio Colmenares Cordero v. Warden, Delaney Hall ICE Detention Center

District Court, D. New Jersey · Feb 25, 2026

To qualify for next friend status, the third person must satisfy two requirements. … “The burden is on the ‘next friend’ clearly to establish the propriety of his status and thereby justify the jurisdiction of the court.” Id. at 164 (citation modified).

EMERSON RADIO CORPORATION v. YU

District Court, D. New Jersey · Oct 1, 2020

In rare circumstances, however, where the remedy offered by the other forum is clearly unsatisfactory, the other forum may not be an adequate alternative.” Piper Aircraft Co. v. … To the extent evidence exists in Hong Kong, Defendant has not established that the production of such evidence in this forum would be unduly burdensome.

Baxter Healthcare Corp. v. HQ Specialty Pharma Corp.

133 F. Supp. 3d 692 · District Court, D. New Jersey · Sep 23, 2015

First, the Court must construe the term “osmotic-adjusting agent” based upon well-established claims construction principles. … Specifically, to act as a lexicographer, a patentee must “clearly set forth a definition of the disputed claim term” and “clearly express an intent to define the term.”

PERCIBALLI

District Court, D. New Jersey · Jan 29, 2026

existence and maintenance of standards controlling the technique's operation; (5) whether the method is generally accepted; (6) the relationship of the technique to methods which have been established … The Court finds Penniman is sufficiently qualified to serve as an expert on skier behavior and expectations.

Blackburn v. United Parcel Service, Inc.

3 F. Supp. 2d 504 · District Court, D. New Jersey · Apr 28, 1998

Under this framework, plaintiff has the initial burden of establishing a prima facie case. … Such a result does not comport with the unambiguous language, let alone the spirit, of CEPA, which clearly focuses on the plaintiff's reasonable belief.

Entrekin v. Fisher Scientific Inc.

146 F. Supp. 2d 594 · District Court, D. New Jersey · Jun 11, 2001

. § 1446 . 8 To qualify for removal, the cause of action must be a claim “of which the district courts of the United States have original jurisdiction.” 28 U.S.C. § 1441 (a). … increase in the cost of litigation; (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment

MURRAY v. NEWARK HOUSING AUTHORITY

District Court, D. New Jersey · Nov 10, 2020

To establish a prima facie case for discrimination under the ADA, a plaintiff must show “(1) that [s]he is a disabled person within the meaning of the ADA; (2) [s]he is otherwise qualified to perform the essential functions … Here, Plaintiff has not clearly or sufficiently pled the nature of her alleged disability or the nature of her job and/or her qualifications to perform it.

H.R. v. WEST WINDSOR-PLAINSBORO BOARD OF EDUCATION

District Court, D. New Jersey · Jul 25, 2023

Plaintiffs state that the ALJ’s assertion that at least six students qualified for supplemental reading instruction was incorrect, and instead only four students qualified. (Pls.” … Plaintiffs contend that the ALJ did not base his decision on “all credible, objective evidence,” which Plaintiffs maintain clearly showed S.R. required further special education services. (Pls.

Pokol v. EI Du Pont De Nemours and Co., Inc.

963 F. Supp. 1361 · District Court, D. New Jersey · Mar 20, 1997

Ramirez, who determined Pokol failed to meet the definition established by the DuPont Plan and by the Board for “totally and permanently disabled.” … Pokol states "[s]ummaiy [¡judgment is clearly not ripe and discovery must continue.” Opposition Brief at 24.

SILIPENA

District Court, D. New Jersey · Mar 4, 2026

This requirement is liberally construed, and courts have held that “a broad range of knowledge, skills, and training qualify an expert as such.” … Here, Opinion 2 clearly, and fatally, concludes that Shapiro and Malanga, on behalf of Plaintiffs, failed to establish a portion of their case.

GOMEZ v. UNION CITY BOARD OF EDUCATION

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

There is support for finding that a disciplinary hearing qualifies as a quasi-judicial proceeding. The court in Le v. … A policy exists “when a decisionmaker possess[ing] final authority to establish municipal policy with respect to the action issues an official proclamation, policy, or edict.” Id.

CHALLENGER v. BASSOLINO

District Court, D. New Jersey · Jun 30, 2023

immunity. … immunity.

In re Halsey Electric Generator Co.

175 F. 825 · District Court, D. New Jersey · Dec 30, 1909

At the time of filing the said petition, a receiver was appointed who took charge of the estate until April 7, 1909, when the trustee was appointed and qualified. … Por the purposes of this case it may be stated that if the statute clearly indicates a legislative purpose to make the expenses incurred in preserving and administering bankrupts’ estates, subordinate to taxes, such purpose

JACKSON v. PETERSON

District Court, D. New Jersey · May 9, 2025

§ 1915(e)(2)(B) and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … The facts clearly indicate that the officers had probable cause and Plaintiff, therefore, fails to state a plausible claim for relief for each of these claims.