Case law

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

J.B. v. Bohonovsky

835 F. Supp. 796 · District Court, D. New Jersey · Nov 3, 1993

In or about late 1987 or early 1988, decedent was diagnosed as having Acquired Immune Deficiency Syndrome (“AIDS”). Decedent continued to have sexual relations with plaintiff until July of 1990. … Here, plaintiff and decedent had unprotected sexual relations on occasion, which demonstrates that plaintiff was clearly exposed to the AIDS virus. See Def.Mem.Exh. C (Pl.Response to Interrogatory # 14).

HAMZA v. UNITED CONTINENTAL HOLDINGS, LLC

District Court, D. New Jersey · Sep 28, 2020

It is well established that a plaintiff may not amend his complaint in a brief in opposition in a motion to dismiss. See Com. of. Pa. ex rel. Zimmerman v. … In light of Plaintiff’s pro se status, the Court will give him leave to file a Second Amended Complaint that is consistent with this Opinion and clearly sets forth the factual basis for each of his claims.

HATIKVAH INTERNATIONAL ACADEMY CHARTER SCHOOL v. EAST BRUNSWICK TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · Aug 3, 2020

“Good cause is established if there is a showing that disclosure will result in a clearly defined and serious injury to the party seeking to overcome the presumption of access.” /d.; see also Miller vy. … Div. 2017), affd 213 A.3d 912 (N.J. 2019) (contemplating that “non-qualifying organizations and persons” could “‘gain access to appropriately-redacted versions” of records under N.J. Admin.

Edwin Bernardo Nauta Ordonez v. U.S. Immigration and Customs Enforcement & U.S. Department of Homeland Security

District Court, D. New Jersey · Oct 23, 2025

“The burden is on the ‘next friend’ clearly to establish the propriety of [her] status and thereby justify the jurisdiction of the court.” Id. at 164 (citations omitted). … Dec. 16, 2014) (indicating that a close relative, such as a spouse, who maintains a close personal relationship with the petitioner, could qualify as a next friend).

FORT v. U.S. DEPARTMENT OF VETERAN'S AFFAIRS

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

The party moving for summary judgment has the initial burden of establishing its right to summary judgment. See Celotex Corp., 477 U.S. at 323. … Therefore, while Valdivieso’s letter opinion is neither binding nor dispositive, it is clearly relevant and the Court may consider it.

Hunterson v. DiSabato

137 F. Supp. 2d 529 · District Court, D. New Jersey · Jun 10, 1999

Standing alone, the disorderly persons offense (which doés not qualify as criminal conduct) could have subjected Hunt-erson to a one year FET with a possible upgrade to 15 months at the hands of a two member panel. … if the future parole eligibility date ... which would otherwise be established pursuant to this section is clearly inappropriate in consideration of the circumstances of the parole violation and the characteristics and prior

ELLIS v. PUBLIC SERVICE ELECTRIC AND GAS

District Court, D. New Jersey · Sep 29, 2023

In September 2018, Plaintiff was diagnosed with Sjogren’s disease, which is a chronic autoimmune disorder where the immune system attacks glands that make moisture in the eyes, mouth, and other parts of the body. … The Court questions whether Plaintiff has established a prima facie case of retaliation, To make such a showing, a plaintiff must establish “(1) protected employee activity; (2) adverse action by the employer either after

In Re Campbell Soup Co. Securities Litigation

145 F. Supp. 2d 574 · District Court, D. New Jersey · Jun 19, 2001

However, as presented in the Amended Complaint, such statements did not comply with the PSLRA’s requirements to qualify for safe harbor protection. … As a result, Plaintiffs claim, Defendants violated established GAAP principles.

In re Rosen

66 F. Supp. 174 · District Court, D. New Jersey · Jun 6, 1946

The two New Jersey cases last above cited are in conflict, and since they have their origin in the same court, the later case establishes the law to be followed here. … The Bankruptcy Act alone can qualify or limit its effect here.

Arroyo v. Pleasant Garden Apartments

14 F. Supp. 2d 696 · District Court, D. New Jersey · Sep 18, 1998

As of July 17, 1997, Freddie Mac clearly had actual notice of the litigation and had acknowledged its potential liability under the Complaint. … One year after the complaint had been filed and well after the limitations period expired, the Medical Center sought leave to amend its answer to include charitable immunity as a defense.

Kolanovic v. Gida

77 F. Supp. 2d 595 · District Court, D. New Jersey · Dec 29, 1999

Thus, the Appellate Division substituted concealment of evidence with destruction of evidence, and stated that “[immunizing the willful destruction or concealment of evidence would not further the policy of encouraging testimonial … ship, its cargo, or to people aboard the ship. 7 .Plaintiffs claim that these photographs did not reveal the bends in the ladder or the missing parts of the ladder, whereas an upright view of the ladder would have shown clearly

In re Insurance Brokerage Antitrust Litigation

282 F.R.D. 92 · District Court, D. New Jersey · Mar 30, 2012

The commonality requirement is therefore clearly satisfied. See In re Pet Food Prods. Liab. … well qualified and experienced class action attorneys who have been involved in similar ... litigation around the country.”

Hudson News Co. v. Federal Insurance

258 F. Supp. 2d 382 · District Court, D. New Jersey · Apr 4, 2003

Clearly, this matter in dispute did not arise from, stem from, result from, or relate to the September 11 attacks. … The burden of establishing existence of original jurisdiction, and (in this case, the need for transfer) falls on the removing party.

PINTO v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

District Court, D. New Jersey · May 26, 2023

The Qualified Assignment stated that it was “intended to constitute a qualified assignment within the meaning of Section 130(c) of the Internal Revenue Code.” … This applies to both permissive and compulsory counterclaims, but it even more clearly holds where, as here, the counterclaim is compulsory because it “arises out of the transaction

ALBRIGHT

District Court, D. New Jersey · May 13, 2026

. § 1915, establishes certain financial requirements for prisoners who are attempting to bring a civil action IFP. … Should Plaintiff wish to file an amended pleading, he should write or type the complaint legibly, in a consistent size equivalent to twelve-point font, in clearly delineated paragraphs. C.

Tustin v. Heckler

591 F. Supp. 1049 · District Court, D. New Jersey · Jul 12, 1984

Injury may be ascertainable but still irreparable, as when the law immunizes a state officer against liability for acts committed before they were clearly unconstitutional. … Plaintiffs have therefore established a reasonable likelihood of success on the merits.

TINSLEY v. MAIN

District Court, D. New Jersey · Jul 31, 2020

subsequently sought and received permission to file a third and final summary judgment motion to address the so-called “same decision defense” and qualified immunity. (See ECF No. 221.) … The DHS Defendants now assert that Defendant Mainis entitled to summary judgment 1) based the same decision defense applicable to First Amendment retaliation claims and 2) on the basis of qualified immunity.

Sebastian International, Inc. v. Consumer Contact (PTY) Ltd.

664 F. Supp. 909 · District Court, D. New Jersey · Jun 30, 1987

Absent a clearly expressed legislative intent to the contrary, statutory language must be recognized as conclusive [citations omitted]. 569 F.Supp. at 49 . … Under this clause, certain printed material must be manufactured in the United States to qualify for copyright protection.