Case law

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

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.

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....”).

Newark Morning Ledger Co. v. United States

734 F. Supp. 176 · District Court, D. New Jersey · Apr 3, 1990

of the subscribers or the statistical evidence submitted by plaintiff and the uncontroverted expert opinions that the subscriptions have limited useful lives which can be estimated with reasonable accuracy, plaintiff has clearly … Glasser’s testimony establishes that qualified experts could estimate with reasonable accuracy the remaining useful lives of the paid subscribers of the Booth newspapers as of May 31, 1977. As to the question asked, Dr.

HUSSEIN v. ELAMIR

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

Standard on jurisdictional motion The burden of establishing federal jurisdiction rests with the party asserting its existence. [citing DaimlerChrysler Corp. v. … Viewed as medical malpractice claims, the plaintiff's allegations clearly arise under state law. Unless there is diversity, they must be heard in state, not federal, court.

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).

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

MOHAMMED

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

In sum, this Court lacks either general or specific jurisdiction over Defendant.6 Because Plaintiff has failed to establish that Judge Almonte’s determination as to personal jurisdiction was clearly erroneous or contrary … Under Florida law, statements made in a complaint are covered by a qualified litigation privilege so long as the alleged defamatory statements are relevant to the judicial proceeding.

Denise J. v. Commissioner of Social Security

District Court, D. New Jersey · Mar 30, 2026

Mongiovi, as a licensed mental health counselor, however, does not qualify as an “acceptable medical source” under the regulations. See Feliciano o/b/o D.E. v. Comm’r of Soc. … Plaintiff describing her daily routine involving taking care of her family and going to appointments), 2386 (Plaintiff presented anxious but otherwise exhibited normal behavior), 2850 (Plaintiff was anxious but spoke clearly

PINEDA CONDE v. TSOUKARIS

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

The movant bears the burden of establishing “the threshold for the first two ‘most critical’ factors . . . … Much of what she describes—for example, alleged denial of medication and medical care—is clearly incorrect with respect to this Petitioner. (DE 14-3.)

VAUGHN:DOUCE v. NEW JERSEY DIVISION CHILD PROTECTION AND PERMANENCY

District Court, D. New Jersey · Nov 13, 2024

° The Court notes that there are likely alternative grounds to dismiss this suit, but the Complaint’ □ allegations are so difficult to make out that it is impossible to clearly identify the exact claims and facts … Royal, 443 F.3d 302, 303 (3d Cir. 2006) (“A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts”).

Fowler v. Borough of Westville

97 F. Supp. 2d 602 · District Court, D. New Jersey · May 16, 2000

The actions of defendants testified to by Savoca and Raggio in these affidavits are clearly relevant to plaintiffs’ allegations. … Defendants concede that drug and alcohol dependency may qualify as a “handicap” under the Act.

Landano v. Rafferty

126 F.R.D. 627 · District Court, D. New Jersey · Jul 27, 1989

On re-direct examination, Pascuiti qualified this statement and testified that he had not selected any photographs from the display in question. (Id.). … The record clearly supports an inference that Exhibit H was not turned over to the defense prior to or at trial.

RAMON v. STONE

District Court, D. New Jersey · Apr 26, 2023

immunity on these claims. … “Thus, where a plaintiff is unable to establish a claim for excessive force, he cannot establish a claim for failure to intervene.” Coleman v. City of Long Branch, Civ. No. 15-7314, 2018 WL 4027033, at *8 (D.N.J.

United States v. Gatto

746 F. Supp. 432 · District Court, D. New Jersey · Sep 4, 1990

Clearly, the indictment alleges that each defendant committed a predicate act within five years of the date of indictment. … Fuleomer, 816 F.2d 925, 930-31 (3d Cir.), cert. denied, 484 U.S. 845 , 108 S.Ct. 139 , 98 L.Ed.2d 96 (1987), this case is clearly distinguishable.

HERNANDEZ v. United States

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

whereas statements not made in reference to or for the future purpose of litigation or prosecution generally will not qualify. … The letter with which Petitioner takes issue here is clearly non-testimonial.

WILSON v. BERGEN COUNTY N.J. SHERIFFS OFFICE

District Court, D. New Jersey · May 15, 2023

Hemsley clearly ignored the CDC guide lines and refused to take precaution by removing the plaintiff Wilson off South-2 and quarantining him.” Id. … There are not enough facts for the Court to reasonably infer that Plaintiff’s unspecified “mental health illness” or nightmares would qualify as a “serious medical need.”

JOHNSON v. NEW JERSEY STATE PRISON

District Court, D. New Jersey · Jan 8, 2024

of whom is a person subject . 14 to suit and each of whom would in any event be entitled to Eleventh Amendment immunity in this Court. … (ECF No. 1 at . 45 event, and clearly not a continuing violation of Plaintiff's federal rights. Plaintiffs request for injunctive relief is dismissed. V.

G-I Holdings, Inc. v. Bennet (In Re G-I Holdings, Inc.)

328 B.R. 691 · District Court, D. New Jersey · Jul 6, 2005

The four individual defendants named in this action qualify as “present asbestos claimants”; each has sued BMCA alleging liability based on theories of successor liability and alter ego. … In fact, the scope of the Legal Representative’s function is not clearly established. Section 524(g) makes no mention of the role of the Legal Representative in bankruptcy proceedings.

GUARENTE v. MCMULLEN

District Court, D. New Jersey · Mar 22, 2024

However, what can clearly be seen is Plaintiff flailed his right elbow in Mease’s direction and collided with the Bodycam.? Jd. at 2:27- 2:28. … State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities