Case law

KAREEM v. PHH MORTGAGE CORPORATION

District Court, D. New Jersey · May 24, 2021

Both fail to establish actual damages. … This written correspondence is more than sufficient to qualify as a qualified written request that invokes Defendants’ duty under the regulations.

Andrews v. Goodyear Tire & Rubber Co.

191 F.R.D. 59 · District Court, D. New Jersey · Feb 14, 2000

The memo included phrases such as: “Tom Martin [one of the individually named defendants] referred to blacks as ‘Spoons’ and said that none were qualified for promotion” and “[w]hen I asked what ‘spoons’ were, he said, ‘that … December 14, 1993 was the date Opinion 668 , which established interim guidelines for members of the Bar, was decided by the New Jersey Supreme Court. See infra. .

BLAKE v. ALSTOM TRANSPORTATION INC.

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

In short, the record indicates that the supervisor did nothing in response to the Plaintiff’s clearly stated need for FMLA leave. … Under the McDonnell Douglas framework, “a plaintiff must first establish a prima facie case of discrimination.

ZALAZAR

District Court, D. New Jersey · Aug 5, 2026

A meritorious defense exists when the defendant’s allegations, if established at trial, would constitute a complete defense. Mrs. Ressler’s Food Prods. v. KZY Logistics LLC, 675 F. … Second, Defendant maintains he has several meritorious defenses, such as being entitled to qualified immunity. (Mov. Br. at 24.)

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.

FENNELL-BAILLUM

District Court, D. New Jersey · May 14, 2026

To qualify for “next friend” status, the third person must satisfy two requirements: (1) “First, a ‘next friend’ must provide ‘an adequate explanation — such as inaccessibility, mental incompetence, or other disability … “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 (citations omitted).

FLADGER v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · May 19, 2022

The uncontroverted record established that Plaintiff requires several days per week treatment (Tr. 925, 926, 929, 930, 950, 1021). … The ALJ did not err by not treating the cited records as medical opinion statements, nor did this Court. 3 Even if, arguendo, the cited records qualified

In Re Main Street Beverage Corp.

232 B.R. 303 · District Court, D. New Jersey · Sep 28, 1998

Thus, “[i]t is well settled that federal tax liens reach interests immune from attachment by private creditors.” In re Atlantic Bus. & Community Dev. Corp., 994 F.2d 1069, 1072 (3d Cir.1993). … The court, therefore, must examine the nature of the property interest inherent in a New Jersey liquor license under the scheme established by the state legislature. In Boss Co., Inc. v.

Hill v. Spencer Savings & Loan Ass'n (In Re Bevill, Bresler & Schulman, Inc.)

94 B.R. 817 · District Court, D. New Jersey · Jan 13, 1989

Absent these fictions, virtually all securities transactions would be immune from the trustee’s avoidance power, frustrating SIPA’s purpose of equitable distribution. … These provisions are clearly not applicable to the present case.

BYNUM

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

Talc Users”); (2) the authorized representatives of deceased or legally incapacitated or incompetent Qualifying Talc Users; and (3) the spouses or family members of Qualifying Talc Users who may properly assert derivative … Pa. 2020) (dismissing a nationwide no-injury medical monitoring class because “the variation in state law alone is sufficient to establish that maintenance of the action as a class is inappropriate” (citation and

RODRIGUEZ v. TIRADO

District Court, D. New Jersey · Apr 29, 2022

This Court has received Plaintiff’s properly completed application to proceed without prepayment of the filing fee ((“in forma pauperis” or “IFP”), which establishes his financial eligibility to proceed with installment … The complaint does not clearly allege that Officer Tirado himself imposed restrictions that were excessive to any legitimate purpose or that Officer Tirado acted solely with the intent to cause mental suffering.

WALKER v. JOHNSON

District Court, D. New Jersey · Jul 18, 2024

An “unreasonable application” of clearly established federal law is a court’s “objectively unreasonable” application of law, not merely a court’s erroneous application. … In his Petition,9 Petitioner asserts that the Appellate Division’s determination “ran a foul [sic] to the clearly established law that was settled in [Crawford; Melendez-Diaz v.

Sheet Metal Workers International Ass'n Local Union No. 27 v. E.P. Donnelly, Inc.

673 F. Supp. 2d 313 · District Court, D. New Jersey · Dec 3, 2009

Indeed, the 10(k) procedure exists to resolve these otherwise intractable disputes, and must immunize employers for breaching collective bargaining agreements when carrying out a 10(k) determination. See Carey v. … As a party to the PLA, Local 27 clearly has standing to sue for breach of the PLA.

ERICKSON v. ENVIRONMENTAL RESOURCES MANAGEMENT

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

Mayview State Hosp., 293 F.3d 103, 114 n. 19 (3d Cir. 2002) (non-prisoner indigent plaintiffs are “clearly within the scope of § 1915(e)(2)”). See also Lopez v. … That is insufficient to establish domicile. See McCann v. George W.

Asquith v. Volunteers of America

1 F. Supp. 2d 405 · District Court, D. New Jersey · Mar 20, 1998

More generally, unlike a parolee’s freedoms, Asquith’s freedoms were carved out of his status as an incarcerated person and were heavily qualified. … This Court need not reach the VOA and Savko’s qualified immunity claim, or the DOC defendants’ claim that they should be dismissed from the ease because they had no personal involvement in the complained-of events.

Davis v. Ort

42 F. Supp. 2d 465 · District Court, D. New Jersey · Jan 6, 1999

The benefits of the agreement to Rum-ery are obvious: he gained immunity from criminal prosecution in consideration of abandoning a civil suit that he may well have lost. … Plaintiffs intent further establishes that he understood the agreement and executed it voluntarily, albeit in bad faith.

TransWeb, LLC v. 3M Innovative Properties Co.

16 F. Supp. 3d 385 · District Court, D. New Jersey · Apr 21, 2014

The evidence established that 3M inventors and employees, including Jones and Rousseau, were well aware of TransWeb and its products prior to and during the Minneapolis Expo. … Instead, 3M contends that they are not qualifying prior art as a matter of law. For the reasons set forth above, that is not correct. .

FEGGINS

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

Schumacher & Co., 37 F.3d 996, 1013 (3d Cir. 1994); and WHEREAS here, Plaintiff’s allegations merely establish the opportunity for agreement. … Plaintiff’s argument that the Townships of Montclair, Nutley, and Bloomfield orchestrated a policy “to ignore the constitutional violations and orchestrate administrative cover-ups,” (Compl. ¶ 27), is grounded on “clearly

Sasson v. Sasson

327 F. Supp. 2d 489 · District Court, D. New Jersey · Jul 30, 2004

Technologies, in the United States and established an EIN. … The Ninth Circuit has clearly stated that, “an unlawful or precarious immigration status does not preclude one from becoming a habitual resident under the [Hague] Convention ...”

SOUTH v. FEDERAL BUREAU OF PRISONS

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

“If a proposed amendment is not clearly futile, then denial of leave to amend is improper.” Harrison Beverage Co. v. … To establish a violation of plaintiff’s Eighth Amendment right to adequate medical care, plaintiff must allege facts that show (1) a serious medical need, and (2) acts or omissions by prison