Case law

Sperling v. Hoffmann-La Roche, Inc.

924 F. Supp. 1346 · District Court, D. New Jersey · Apr 30, 1996

In 1983, the Allisons filed a timely application and otherwise qualified for membership but were rejected. The following year, the Ryans filed a timely application and otherwise qualified for membership. … There is clearly evidence in the record to support these allegations.

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

Adams v. City of Atl. City

294 F. Supp. 3d 283 · District Court, D. New Jersey · Feb 13, 2018

The Supreme Court overturned the 5th Circuit Court of Appeals's affirmance of the district court's opinion that the officer's force was reasonable (although the 5th Circuit affirmed on qualified immunity grounds rather than … While there is significant evidence to support Plaintiff's claim with respect to failure to supervise and failure to discipline, there is clearly insufficient evidence regarding the failure to train aspects of Plaintiff's

United States v. Cannistraro

799 F. Supp. 410 · District Court, D. New Jersey · Feb 11, 1992

Importantly, Podvey Sachs is qualified to serve as standby counsel or to step in as counsel, if the need arises. … Clearly, imposing this financial burden on the Government is at the court's discretion. See e.g. Ray v.

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.

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.

Worrell v. ELLIOTT & FRANTZ

799 F. Supp. 2d 343 · District Court, D. New Jersey · Jun 28, 2011

Elliott and Frantz qualify as a “manufacturer” under the PLA because they are a product sell *351 er. 2 “A manufacturer has a duty to make sure that its manufactured products placed into the stream of commerce are suitably … In *352 light of the [PLA] and that uniform decisional law interpreting that statutory provision, the Court determines that the [PLA] clearly subsumes plaintiffs common-law claims ... ”); Green, 709 A.2d at 209 (“Under the

Walsh Securities, Inc. v. Cristo Property Management, Ltd.

858 F. Supp. 2d 402 · District Court, D. New Jersey · Apr 17, 2012

[I]nstead of liability being established ‘in one stroke,’ it would take an assessment of each transaction to determine if the absent class member qualified for the discount rate.” Id. … Thus, on the current record, WSI cannot qualify as a holder in due course and, as a result, is subject to the same bars to coverage that would be asserted against NHF. D.

In Re Prudential Insurance Co. of America Sales Practices Litigation

962 F. Supp. 450 · District Court, D. New Jersey · Mar 17, 1997

Most of the Proposed Settlement benefits are clearly described. … This statement, following Krell's own logic, is clearly erroneous.

HICKS v. LOURDES HEALTH SERVICES, INC.

District Court, D. New Jersey · Feb 10, 2020

something that both physicians as cardiologists are qualified to do. … Defendant was on notice that the suit was filed against him since the affidavit clearly referenced his actions and he was named on the complaint, which was properly served on him. Id.

Suburban Transit Corp. v. United States

215 F. Supp. 717 · District Court, D. New Jersey · Mar 5, 1963

April 10, 1962 — The Commission filed its report on reconsideration in which it agreed with Division One as to the necessary routes and that only one carrier was essential and found that Somerset was best qualified. 4 *720 … Suburban is not now complaining of the Commission’s decision on the merits but charges, rather, that the Commission clearly abused its discretion and was arbitrary and capricious in denying to it a rehearing for the purpose

GOODMAN v. NEW JERSEY STATE PRISON

District Court, D. New Jersey · Nov 25, 2019

The state court’s decision was not an unreasonable application of clearly established federal law. … We find this argument lacks merit as the witness clearly was qualified to testify as an expert at to his knowledge of gangs and their culture. N.J.R.E. 702.

Mayer v. Development Corp. of America

541 F. Supp. 828 · District Court, D. New Jersey · Apr 22, 1981

The assent must, however, be clearly established and will not be inferred from doubtful or equivocal acts or language.” 5 S. Williston, Law of Contracts § 678, at 238 to 240 (3d ed. 1961) (footnotes omitted). … I am convinced, however, that the plaintiffs have not established that this case presents such a set of facts.

FORUM FOR ACAD. & INSTITUTIONAL RIGHTS v. Rumsfeld

291 F. Supp. 2d 269 · District Court, D. New Jersey · Nov 5, 2003

Clearly, students have a legally cognizable right to receive information and messages sent by their schools. … As such, the law schools qualify as expressive associations.

RIALTO-CAPITOL CONDOMINIUM ASSOCIATION, INC. v. THE BURLINGTON INSURANCE COMPANY

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

Unlike the federal privilege, the New Jersey state attorney-client privilege is qualified and may be required to yield when the party seeking to pierce the privilege establishes: (1) there is a legitimate need to reach … establishing a waiver of the privilege protecting any such communications from disclosure.

JOHNSON v. COMODO GROUP, INC.

District Court, D. New Jersey · Jan 31, 2020

Verkhovskaya is clearly qualified to opine on TCPA issues. … Numerosity clearly exists where more than 34,000 unique telephone numbers were allegedly called. (D.E. 115-6 ¶ 22.)

PRYCE v. TATA CONSULTANCY SERVICES

District Court, D. New Jersey · Nov 18, 2022

To assert a claim of disability discrimination for discriminatory discharge under the NJLAD, Plaintiff must establish that (1) he was disabled; (2) he was qualified to perform the essential functions of the position of … Plaintiff clearly establishes the second prong as he was terminated by TCS.

Everett Laboratories, Inc. v. Breckenridge Pharmaceutical, Inc.

573 F. Supp. 2d 855 · District Court, D. New Jersey · Aug 26, 2008

Furthermore, the KSR Court indicated that obviousness may be established by showing that a combination of elements was obvious to try. … 491 F.3d at 1366 (“When the party asserting invalidity relies on references that were considered during examination or reex- *863 animation, that party bears the added burden of overcoming the deference that is due to a qualified

BROOKS v. JEFFERSON CAPITAL SYSTEMS, LLC

District Court, D. New Jersey · Aug 6, 2021

IFP Application Plaintiff qualifies to proceed IFP. … Lawyers’ statements, communications, and filings are not immune from FDCPA liability. See Heintz v.

PLANKER v. AKINS

District Court, D. New Jersey · Apr 28, 2023

“Inmates clearly retain protections afforded by the First Amendment, ... including its directive that no law shall prohibit the free exercise of religion.” DeHart v. … The Court dismisses the RLUIPA claims for damages on the basis of Eleventh Amendment immunity as to the State of New Jersey and all Defendants sued in their official capacities for damages.