Case law

Mann v. Estate of Meyers

61 F. Supp. 3d 508 · District Court, D. New Jersey · Nov 21, 2014

Actual litigation of the issues is clearly established by the record. Element three. All three of these issues were also the subject of a final award on the merits. Judge Keefe issued an opinion on January 10, 2013. … In short, the precedents overwhelmingly establish that individuals are not personally liable under the ADEA.

THOMAS v. United States

District Court, D. New Jersey · Sep 30, 2022

The Presentence Report (ECF No. 17-1 (“PSR”)) noted that Thomas qualified as a career offender due to his felony convictions. PSR at ¶¶ 33–34. … Indeed, Thomas has failed to establish that Brown and Mitchell were similarly situated.

Costa v. Verizon New Jersey, Inc.

936 F. Supp. 2d 455 · District Court, D. New Jersey · Mar 27, 2013

The removing defendant bears the burden of establishing jurisdiction and compliance with all pertinent procedural requirements. Id. … May 28, 2010) (finding interrogatories and request for production of documents qualified as “other paper” that led to the determination of federal jurisdiction). As explained by Judge Kugler, a U.S.

LITTLEJOHN v. VIVINT SOLAR

District Court, D. New Jersey · May 18, 2020

Absent establishment of negligence or willfulness, a plaintiff could not succeed on their claim. … The parties clearly disagree about whether Chamberlain’s knowledge may be imputed to Defendant.

GLAZEWSKI v. BARNETT

District Court, D. New Jersey · Jun 7, 2022

Thus, to obtain relief under § 1983, a plaintiff must establish: (1) that one of his rights secured by the Constitution or laws of the United States was violated; and (2) that this violation was caused or committed by a … The New Jersey Sexually Violent Predator Act provides for the civil commitment of individuals convicted of a sexually violent offense who qualify as “sexually violent predators.”

D'AGOSTINO v. ROTH

District Court, D. New Jersey · Aug 4, 2022

Defendant for the ADA discrimination claim, failure to accommodate claim, and hostile work environment claim, finding that the sparse evidence of Plaintiff’s sleep problems did not indicate an affliction severe enough to qualify … Because Plaintiff seeks $273.22 in unpaid wages, the Little Tucker Act provides Plaintiff’s limited waiver of sovereign immunity for this Court to have jurisdiction. 25.

CHILDREN'S HEALTH DEFENSE, INC. v. RUTGERS

District Court, D. New Jersey · Sep 27, 2021

Defendants likewise reject her claims that she may be naturally immune to COVID-19 because there is currently no recognized mechanism for verifying a natural immunity. (Id. at 22- 23.) Ms. … Pinto cannot establish that she will suffer irreparable harm because she delayed before seeking relief. (Id. at 25.) Ms.

BERRY v. FITZGERALD

District Court, D. New Jersey · Mar 9, 2023

Shorter relied on Farmer’s holding that “a federal prisoner ha[s] a clearly established constitutional right to have prison officials protect him from inmate violence and has a damages … “Because the Federal Tort Claims Act constitutes a waiver of sovereign immunity, the Act’s established procedures have been strictly construed.” Livera v.

RAMIREZ v. WORLD MISSION SOCIETY CHURCH OF GOD

District Court, D. New Jersey · Apr 1, 2024

New Jersey Charitable Immunity Act Defense Defendants argue they are immune from the negligence suit pursuant to the New Jersey Charitable Immunity Act (“NJCIA”). N.J. Stat. Ann. § 2A:53A–7(a). … The Court therefore does not reach the issue of whether World Mission New Jersey qualifies for the Charitable Immunity Act defense at this juncture. 4.

ZALZAR

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.)

Moorestown Township Board of Education v. S.D. & C.D. ex rel. M.D.

811 F. Supp. 2d 1057 · District Court, D. New Jersey · Sep 15, 2011

In New Jersey, the process of enrollment is a mere a mechanism to establish residency and is not a strict barrier to attend school. … It would clearly contravene the language and purpose of the Act and other agency pronouncements. See swpra.

DEJESUS v. KIDS ACADEMY, INC.

District Court, D. New Jersey · Apr 21, 2020

(3) that she was qualified for the position she was 5 This finding also establishes Plaintiff’s disability discrimination claim under the NJLAD. … “There is clearly a difference between two days and nineteen months.” Id. (citations omitted); see also Williams v.

POWELL v. ADVANCING OPPORTUNITIES

District Court, D. New Jersey · Nov 16, 2022

AG of the United States, 655 F.3d 333, 339 (3d Cir. 2011) (“The obligation to liberally construe a pro se litigant’s pleadings is well- established.”); Alston v. … “To establish a retaliation claim under the FMLA, a plaintiff must first establish a prima facie case of retaliation by demonstrating that: (1) she availed herself of a protected right under the FMLA; (2) she suffered

Jackson v. Fauver

334 F. Supp. 2d 697 · District Court, D. New Jersey · Sep 27, 2004

To establish a prima facie case of negligence in a medical malpractice action, a plaintiff must present expert testimony establishing: (1) an applicable standard of care, (2) a deviation from this standard of care, (3) injury … Hubbard, 168 N.J. at 395 , 774 A.2d 495 , and where “an expert is no more qualified to attest to the merits of a plaintiffs claim than a non-expert.” Id.

MELEIKA v. CITY OF BAYONNE

District Court, D. New Jersey · Oct 21, 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. … This is not, however, clearly alleged. It is unclear how a cause of action based on “swatting” would implicate a claim of wrongdoing against the police. Mr.

National Junior Baseball League v. Pharmanet Development Group Inc.

720 F. Supp. 2d 517 · District Court, D. New Jersey · Mar 30, 2010

In this allegation, scienter clearly has not been sufficiently alleged. … Defendants argue that the above statements qualify as inactionable "corporate puffery.”

King v. Christie

981 F. Supp. 2d 296 · District Court, D. New Jersey · Nov 8, 2013

To establish standing for these third parties, Plaintiffs must, in the first instance, show that they have suffered an injury. … In that regard, although Plaintiffs do not meaningfully advance an argument that A3371 regulates speech per se, Plaintiffs nevertheless contend that A3371 clearly targets speech by virtue of the statute’s application solely

Sisco ex rel. Boisseau v. Shalala

860 F. Supp. 185 · District Court, D. New Jersey · Apr 8, 1994

Criteria to Qualify for Benefits 42 U.S.C. § 402 (d) provides for the payment of child’s insurance benefits to every child of an individual who dies fully or currently insured if the child files an application and meets certain … Clearly, a claim of possible bias implicates the fairness of the agency proceedings, and thus further discovery was granted. Id. The Court however, does not read Hummel to apply to the present case.

Borecki v. Eastern International Management Corp.

694 F. Supp. 47 · District Court, D. New Jersey · Aug 2, 1988

Moreover, evidence admitted to prove Goodfarb’s participation might establish that he acted outside the scope of his employment — contradicting the “fact” conclusively established by the “judicial admission.” … The continuing, insulting behavior in Porta is clearly distinguishable from the factual scenario presented in this case.

United States ex rel. Kaiser v. Mahan

233 F. Supp. 1 · District Court, D. New Jersey · Sep 4, 1964

Allen, 1953, 344 U.S. 443, 447-450 , 73 S.Ct. 397 , 97 L.Ed. 469 , and qualified in Fay v. Noia, 1963, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 . … That the facts tending to establish the grounds for this application, and the probable cause of the deponent’s belief that such grounds exist are as follows: Information given to the deponent to the effect that bookmaking