Case law

STATE OF NEW YORK BY ABRAMS v. Brown

721 F. Supp. 629 · District Court, D. New Jersey · Oct 11, 1989

The Act establishes a Milk Control Board and vests certain powers in the Director of Milk Control. N.J.S.A. §§ 4:12A-2 & -3. … Under Snapp New York clearly has a quasi-sovereign interest in the economic well-being of its citizens. 458 U.S. at 607 , 102 S.Ct. at 3269 .

TAMAGNY

District Court, D. New Jersey · Nov 24, 2025

John also argues that the Second Amended Complaint fails to plausibly plead a conspiracy claim where it lacks allegations establishing a relationship between Defendants, discriminatory animus, and a conspiratorial agreement … A plaintiff allegedly injured by a conspiracy formed “for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities

Bally Manufacturing Corp. v. Casino Control Commission

534 F. Supp. 1213 · District Court, D. New Jersey · Mar 9, 1982

The federal plaintiff sought to stop proceedings against him and be immunized by the federal court’s intervention. … This is contrary to the well-established rule that time of filing is not dispositive of this issue.

United States v. Garafola

428 F. Supp. 620 · District Court, D. New Jersey · Mar 18, 1977

Clearly, then, it is primarily, if not exclusively, the responsibility of the attorney to avoid joint representation which has any possibility, no matter how remote, of a conflict of interest. … Would he even consider obtaining- a grant of immunity for Client No. 3 when that client’s testimony might affect the destinies of Clients Nos. 1 and 2?

Kurdyla v. Pinkerton Security

197 F.R.D. 128 · District Court, D. New Jersey · Oct 13, 2000

Also relying heavily on materials outside of the pleadings, (PL’s Br. in Opp. at 8-14), Christine Kurdyla responds that: (1) the evidence to date at least establishes “a genuine material issue” of fact on the question of … The NJLAD cases also involved individual plaintiffs who were clearly independent contractors.

MANN v. United States

District Court, D. New Jersey · Dec 21, 2021

In support of his argument that his New York conviction did not qualify him for a career offender enhancement, Petitioner argues that New York Penal Law (“NYPL”) § 220.16 does not qualify as a controlled substance offense … Section 220.16(1) clearly prohibits the possession of a controlled substance, i.e., “a narcotic drug,” with the intent to distribute, i.e., sell it.

KIGGINS v. HADDON TOWNSHIP

District Court, D. New Jersey · Dec 4, 2020

The Third Circuit has held that formal grievances directed at public officials qualify as protected activity under the Petition Clause of the First Amendment. Brennan v. Norton, 350 F.3d 399, 417 (3d Cir. 2003). … However, the Amended Scheduling Order entered in this case clearly sets the deadline to file dispositive motions as August 15, 2019. (Doc. 17.)

Silberberg v. Ray Chain Stores, Inc.

54 F.2d 650 · District Court, D. New Jersey · Dec 4, 1931

petition in bankruptcy was filed against the defendant corporation, and proceedings subsequently had thereunder resulted in an adjudication on May 4, 1931, and on the 29th day of said month trustees were duly appointed and qualified … Here two things are clearly brought out.

MARSH v. ENPRO INDUSTRIES, INC.

District Court, D. New Jersey · Apr 23, 2020

to regularly attend work when not otherwise excused, he cannot establish he is qualified for the role he held. … that he is a qualified individual with a disability.”).

OKOGUN v. MILLER

District Court, D. New Jersey · Aug 22, 2023

The Court, accordingly, finds that Plaintiff has established indigence and grants the IFP Application. Having granted Plaintiff IFP status, pursuant to 28 U.S.C. … Nothing demonstrates this more clearly than Plaintiff's Second Complaint Supplement.

BOWMAN

District Court, D. New Jersey · Apr 28, 2026

Judge Hammer emphasized that the Court “would appreciate a more clearly pled complaint as to both the causes of action alleged and any administrative exhaustion.” Id. at 10 (emphasis added). … [The Court] would appreciate a more clearly pled complaint as to . . . any administrative exhaustion.”).

Martinez v. Nielsen

341 F. Supp. 3d 400 · District Court, D. New Jersey · Sep 14, 2018

Citizenship and Immigration Services ("USCIS"), a division within DHS, to establish that the applicant and beneficiary have a bona fide relationship. … It is well established that "[t]he REAL ID Act fundamentally altered the manner in which aliens may seek review of orders of removal.

M3 Midstream LLC v. South Jersey Port Corp.

1 F. Supp. 3d 289 · District Court, D. New Jersey · Feb 26, 2014

employment and, but without prejudice to the generality of the foregoing provisions in this clause, every exception, limitation, condition and liberty herein contained and every right, exemption from liability, defense, and immunity … Plaintiff is entitled to pursue relief for some subset of the total injury allegedly suffered, and therefore Plaintiff may limit the scope of its allegations, as it clearly has done, and seek relief for damage that occurred

WILLIAMS v. INTERNATIONAL PAPER COMPANY

District Court, D. New Jersey · Jun 20, 2025

Plaintiff asserts these other incidents establish “that more than 15,000 injuries occurred as a result of [IPC’s] conduct.” Id. at 9. … “‘such decisions are a type of mistaken judgment that is a fact of life in industrial workplaces,’ and therefore, as pled, IPC’s alleged conduct [was] not ‘plainly beyond anything the Legislature intended the WCA to immunize

MCMILLAN v. COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF CORRECTIONS

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

The Third Circuit has explained that a court may only grant a motion for judgment on the pleadings if the moving party “clearly establishes that no material issue of fact remains to be resolved and that [the movant] is … Immunity for State Officials State Defendants move for dismissal of all the claims against them in their official capacity. (ECF No. 57 at 8-12.)

RICHARDSON v. CHETIRKIN

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

“Contrary to clearly established Federal law” means the state court applied a rule that contradicted the governing law set forth in U.S. … Federal law is clearly established for these purposes where it is clearly expressed in “only the holdings, as opposed to the dicta” of the opinions of the United States Supreme Court. See Woods v.

SCHMALSTIG v. United States

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

A criminal defendant bears the burden of establishing his entitlement to § 2255 relief. See United States v. Davies, 394 F.3d 182, 189 (3d Cir. 2005). … In considering a motion to vacate a defendant’s sentence, “the 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.

Penn v. Wal-Mart Stores, Inc.

116 F. Supp. 2d 557 · District Court, D. New Jersey · Sep 29, 2000

. § 1446 . 5 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). … Wilson clearly indicates that the case has a value in excess of $75,000.00.” (Id. ¶ 5.) Under the Rule, the Court should ignore these statements.

NL Industries, Inc. v. Commercial Union Insurance

828 F. Supp. 1154 · District Court, D. New Jersey · Sep 24, 1993

Yet, it was established in The Sherwin-Williams Co. v. Certain Underwriters at Lloyd’s of London, 813 F.Supp. 576 (N.D. … CU states that "the LIA documents obtained by Commercial Union clearly establish that, through NL’s intimate involvement with the LIA, NL knew long before Commercial Union’s policies became effective, and therefore expected

Hollus v. Amtrak Northeast Corridor

937 F. Supp. 1110 · District Court, D. New Jersey · Sep 20, 1996

Railroad Undergrade Bridge 31.63 is not a “commercial establishment” within the understanding of Stewart and its progeny. A bridge cannot properly be called an “establishment” at all. … Clearly, a particular parcel's zoning is not dispositive of the question of the owner's liability for mishaps on the abutting sidewalk. 12 .