Case law

Landano v. Rafferty

782 F. Supp. 986 · District Court, D. New Jersey · Feb 4, 1992

Finally, Landano has not carried the burden of establishing that he has in fact exhausted his state claims. … To the contrary, the carefully qualified conclusion that the granting of bail "solely on the ground that there is a high likelihood of success on the merits” is inappropriate, implies that the strength of petitioner’s argument

WILLIAMS v. INTERNATIONAL PAPER COMPANY

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

Plaintiff filed suit on or about June 8, 2021, in the Superior Court of New Jersey, Camden County, alleging that IPC had “committed an intentional tort by inducing its employee, Plaintiff, who was not trained or qualified … Specifically, IPC contends that “[a]ny alleged deficiencies in training, safety and lock-out-tag-out . . . procedures or failing to shut down the plant during cleaning are all aspects of a potential negligence claim,” but do not establish

FORD v. United States

District Court, D. New Jersey · Sep 22, 2021

As the Third Circuit summarized: According to the evidence established at Ford’s trial, on June 11, 2003, Ford, Donald Johnson, and Christopher Howard robbed … When considering a § 2255 motion, a district court “must accept the truth of the movant’s factual allegations unless they are clearly frivolous on the basis of the existing record.” United States v.

Clark v. McDonald's Corp.

213 F.R.D. 198 · District Court, D. New Jersey · Mar 3, 2003

Times Co., 200 F.3d 73, 88 (3d Cir.1999) (“Standing is established *206 at the pleading stage by setting forth specific facts [satisfying the elements of standing].”); Although it is the duty of the plaintiff to “clearly … to establish on a restaurant-by-restaurant basis.

Ferraro v. Bell Atlantic Co., Inc.

2 F. Supp. 2d 577 · District Court, D. New Jersey · Apr 7, 1998

Count One: Sexual Discrimination Claim In order to establish a prima facie case of sexual discrimination, plaintiff must show: (1) that she is female; (2) that she applied and was qualified for a job, or other compensation … Here, there is a genuine issue of fact as to whether or not Bell Atlantic refused to grant plaintiff any sought-after job, compensation, term, condition or privilege for which she was qualified. 5 If it is determined that

Menoken v. McNamara

213 F.R.D. 193 · District Court, D. New Jersey · Feb 27, 2003

The Advisory Committee explained that: [t]he addition of the qualifying word “final” emphasizes the character of the judgments, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory judgments … Here, the September 26, 2002 order was clearly interlocutory as it was the very first step in litigation conducted in the district court.

United States ex rel. Simpson v. Bayer Corp.

376 F. Supp. 3d 392 · District Court, D. New Jersey · Apr 23, 2019

"[T]he moving party must show that the non-moving party has failed to establish one or more essential elements of its case on which the non-moving party has the burden of proof at trial." McCabe v. … Having rejected Bayer's assertion of a bright-line rule immunizing claims made pursuant to the DRG system from FCA liability, the Court examines the undisputed facts in light of what the materiality standard does require

HAMZA v. UNITED CONTINENTAL HOLDINGS, LLC

District Court, D. New Jersey · Jul 29, 2021

Based on these definitions, United does not qualify as a “health care entity.” … with timing to establish a causal link.”

G-69 v. Degnan

130 F.R.D. 339 · District Court, D. New Jersey · Feb 28, 1990

Moreover, my review of the document discloses that no privilege could properly attach to the document and it is clearly discoverable.” Higgins Letter to Connell, dated May 17, 1989. … The governmental privilege (or “official privilege”) in criminal investigation files is a qualified privilege requiring balancing the needs of law enforcement and the importance of the information sought to the plaintiffs

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.

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

HEINE v. TOWNSHIP OF CEDAR GROVE

District Court, D. New Jersey · Dec 20, 2019

A litigant’s pro se status likewise does not relieve him or her of the obligation to “clearly and specifically” identify which claims pertain to which defendants. Pushkin v. … To establish municipal liability the plaintiff must: (i) demonstrate the existence of an unlawful policy or custom; (ii) that she suffered a deprivation of the rights, privileges, or immunities secured by the Constitution

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. .

Aventis Pharmaceuticals, Inc. v. Barr Laboratories, Inc.

335 F. Supp. 2d 558 · District Court, D. New Jersey · Sep 20, 2004

Sodium starch glycolate and calcium carbonate are clearly two discrete chemicals. … Viewing the prosecution history as a whole, the applicant clearly made narrowing amendments to secure the patent.

M.H. v. OMEGLE.COM LLC

District Court, D. New Jersey · Mar 19, 2021

If the district court does not hold an evidentiary hearing, “the plaintiff need only establish a prima facie case of personal jurisdiction.” O’Connor v. … order jurisdictional discovery when “factual allegations . . . suggest with reasonable particularity the possible existence of the requisite contacts between the party and the forum state, such that its claim is not clearly

<font color="red">DO NOT FILE IN THIS CASE</font> TRANSFERRED TO TRENTON - NEW CIVIL ACTION NO. 3:18-cv-02519

District Court, D. New Jersey · Jul 29, 2019

Moreover, a defendant’s “after-the-fact participation in reviewing grievances or appeals, [is] generally an insufficient basis to establish ‘personal knowledge’ for purposes of § 1983.”4 Rosa-Diaz v. … Assuming arguendo, that Plaintiff is a qualified individual and that he has otherwise properly pleaded an ADA claim, this claim fails because sleeping in his cell is not a service, program, or activity under the ADA.

DRESKIN

District Court, D. New Jersey · Jul 31, 2026

These assertions do not establish a Free Exercise Clause violation. … RLUIPA’s legislative history likewise reflects that the statute was not intended to provide religious organizations with immunity from zoning regulations. See 146 Cong. Rec. S7774-01, S7777, 2000 WL 1079346.

WADE v. MILLS

District Court, D. New Jersey · Feb 23, 2021

Sept. 6, 2016) (“It is clear...that a violation of those statutes would not qualify as a constitutional violation sufficient to support a claim raised under 42 U.S.C. § 1983 or its state … “By its terms, of course, the statute creates no substantive rights; it merely provides remedies for deprivations of rights established elsewhere.” City of Oklahoma City v.

MCELLIGOTT v. MCELLIGOTT

District Court, D. New Jersey · Oct 19, 2023

that such order would be clearly inappropriate. 22 U.S.C … At the outset, Respondent has offered no evidence that an award of costs and fees would be “clearly inappropriate” here.

Telfair v. Tandy

797 F. Supp. 2d 508 · District Court, D. New Jersey · Jun 23, 2011

Indeed, it is long established that a court should “accept as true all of the [factual] allegations in the complaint and reasonable inferences that can be drawn therefrom, and view them in the light most favorable to the … Twombly, 550 U.S. 544, 127 S.Ct. 1955 , the Court of Appeals for the Third Circuit provided the courts in this Circuit with detailed and careful guidance as to what kind of allegations qualify as pleadings sufficient to pass