Case law

Weber v. Wynne

431 F. Supp. 1048 · District Court, D. New Jersey · Feb 24, 1977

However, application of these principles is particularly difficult, for predatory intent has never been clearly defined. … It is therefore important to clearly indicate the types of business behavior which violate the Act.

American Home Products Corp. v. Procter & Gamble Co.

871 F. Supp. 739 · District Court, D. New Jersey · Dec 27, 1994

Balance, however, is far from conclusive establishment. … This claim is clearly an implied claim (see Def.Ex. 31; Tr. 1.87 (Davis)), and hence its establishment hinges on a reliable consumer survey.

United States v. Nguyen

793 F. Supp. 497 · District Court, D. New Jersey · May 22, 1992

Peterkin said that although it was dark, he could clearly see this man because of the artificial lights from the street lamps overhead. Id. … Significantly, Nguyen failed to establish why a jury could not reach the same conclusion by reading the studies.

LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY v. JANSSEN BIOTECH, INC.

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

Cal. 2009) (observing “there are few authoritative cases that clearly define the legal showing required to justify application of the control exception”); In re G-Fees, 584 F. … But Noerr-Pennington immunity, as applied to litigation, does have a limit.

SALAS v. THE UNITED STATES OF AMERICA

District Court, D. New Jersey · Jan 11, 2021

The FTCA “operates as a limited waiver” of the sovereign immunity of the United States. White-Squire v. U.S. Postal Serv., 592 F.3d 453, 456 (3d Cir. 2010). … First Nat’l Bank, 879 F.2d 1186, 1194 (3d Cir. 1989), it has argued in its motion that Plaintiff fails to qualify for the increased damages exception under either the more stringent worst-case scenario test or the reasonably

AMATO v. SUBARU OF AMERICA, INC.

District Court, D. New Jersey · Sep 26, 2024

Legal Standard It is well-established there exists “a common law public right of access to judicial proceedings and records.” … The parties have also sent hard copies, so the Court may assess whether the proposed materials qualify for sealing under L. Civ. R. 5.3.

AQUINO v. SUBARU OF AMERICA, INC.

District Court, D. New Jersey · Sep 26, 2024

Legal Standard It is well-established there exists “a common law public right of access to judicial proceedings and records.” … The parties have also sent hard copies, so the Court may assess whether the proposed materials qualify for sealing under L. Civ. R. 5.3.

In Re Mid-Center Redevelopment Corp.

383 F. Supp. 954 · District Court, D. New Jersey · Oct 7, 1974

Padula Construction and Mid-Center Redevelopment Corporation (Mid-Center) are sister corporations, the stock of which, subject to qualifying shares, is owned by Arthur H. … Such a right, if established, is superior to the Receiver’s position. Cf. 4A Collier on Bankruptcy ¶ 70.62, at 695 (14th ed. 1971).

Riggs v. Metropolitan Life Insurance

940 F. Supp. 2d 172 · District Court, D. New Jersey · Apr 18, 2013

Riggs is unable to establish that she is eligible for benefits under the plan or show that the claim determination was arbitrary and capricious. … Eastman Kodak Co., 113 F.3d 433, 439 (3d Cir.1997) (explaining that “a claimant bears the burden of demonstrating that he qualifies for benefits”). .

BROWN-STEWART v. HACKENSACK MEDICAL UNIVERSITY CENTER

District Court, D. New Jersey · Jan 24, 2024

However, there is a dispute as to whether Plaintiff was qualified to perform her role with HUMC. … Even if this Court were to find Plaintiff satisfied her burden of proving a prima face case, HUMC has clearly established a legitimate non-discriminatory reason for terminating Plaintiff as she performed poorly during

TOLBERT v. ATLANTIC COUNTY JUSTICE FACILITY

District Court, D. New Jersey · Jan 8, 2025

to screen Plaintiff's Complaint for sponte dismissal prior to service, and to dismiss any claim if that claim fails to state a clatm upon which relief may be granted and/or to dismiss any defendant who is immune … Taylor, 538 F.3d 229, 236 (3d Cir. 2008) (considering the degree of prison overcrowding that violates the Fourteenth Amendment and finding that pretrial detainees did not have a clearly-established right to avoid triple-celling

Equal Employment Opportunity Commission v. Chas. Schaefer Sons, Inc.

703 F. Supp. 1138 · District Court, D. New Jersey · Dec 22, 1988

McDowell was clearly an employee within the meaning of Title VII and thus this court has jurisdiction to hear this claim. … To establish a prima facie case, the EEOC must show that: (i) McDowell was a member of a protected minority; (ii) he was qualified for the job from which he was discharged; (iii) he was in fact discharged; and (iv) after

SPENCER

District Court, D. New Jersey · Jul 22, 2026

Id. § standard to qualify for the 300gg-4(j)(3)(E). … In other words, Congress must speak clearly to preclude judicial review of an underlying regulation in enforcement proceedings.

Dasrath v. Continental Airlines, Inc.

467 F. Supp. 2d 431 · District Court, D. New Jersey · Dec 22, 2006

The earlier decision was clearly erroneous and failure to reconsider it would create manifest injustice. A. … Dasrath has established a prima facie case under the McDonnell Douglas inquiry. He is a member of a racial minority.

KENWORTHY v. LYNDHURST POLICE DEPARTMENT

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

Second, Plaintiff’s 10 The Lyndhurst Defendants also claim that they are immune from liability for Count Three under the NJTCA, but they do not provide any basis for suc h immunity. See Trafton v. … Supp. 2d 417, 445 (D.N.J. 2011) (providing that to establish good faith immunity under the NJTCA, the public entity or employee must demonstrate “objective reasonableness” or that they behaved with “subjective good faith

WILCOX v. MARTINEZ

District Court, D. New Jersey · Nov 18, 2019

. § 1915(e)(2)(B), to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune … App’x 70, 72 (3d Cir. 2011) (“Filing a formal prison grievance clearly constitutes protected activity ...”); see also Watson v. Rozum, 834 F.3d 417, 422 (3d Cir. 2016).

GEORGES v. MCELROY

District Court, D. New Jersey · May 31, 2022

. § 1915, establishes certain financial requirements for prisoners who are attempting to bring a civil action IFP. … App’x at 72 (“Filing a formal prison grievance clearly constitutes protected activity....”).

SELVAGGI v. POINT PLEASANT BEACH BOROUGH

District Court, D. New Jersey · May 25, 2022

This section does not apply to lawfully established and operating hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast establishments. … Therefore, the “presumption of validity [cannot] be overcome unless the evidence clearly establishes its unreasonableness.” Twp. of Livingston v. Marchev, 85 N.J. Super. 428, 432 (App. Div. 1964) (citing Vickers v.

McKeever v. Township of Washington

236 F. Supp. 2d 400 · District Court, D. New Jersey · Aug 7, 2002

This entitlement creates a property interest in the position clearly established in State law. 2. … In December 2000, Plaintiff had been employed by the municipality for about eleven years and as a result qualified for tenure in the position of Director of the Department of Public Works/Director of the Department of Municipal

PEARSON v. SWEENEY

District Court, D. New Jersey · Nov 24, 2020

P. 15(d), rather than an amended complaint because Plaintiff clearly intends to continue to rely on the facts and claims in the original complaint. … complaint and sua sponte dismiss any claims that are (1) frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune