Case law

D'ANDREA v. UNITED STATES ARMY CORPS OF ENGINEERS

District Court, D. New Jersey · Jun 20, 2023

The amended complaint does not contain sufficient facts to establish that there was a mutual misapprehension as to the wetlands status of the Property. … Declaratory Judgment Act, Congress sought to place a remedial arrow in the district courts’ 17 quiver; it created an opportunity, rather than a duty, to grant a new form of relief to qualifying

THE ESTATE OF EDWARD C. GANDY, JR. v. CITY OF MILLVILLE

District Court, D. New Jersey · Sep 25, 2023

In qualified immunity cases, the existence of video evidence presents an “added wrinkle” to summary judgment standards. Scott v. Harris, 550 U.S. 372, 378 (2007). … Section 1983 claims require plaintiffs to establish some deprivation of constitutional rights. Williams, 891 F.2d at 464.

O'Bryant v. JOHNSON & JOHNSON

District Court, D. New Jersey · Oct 13, 2022

Minn. 2008)); see Camp Jaycee, 962 A.2d at 460-61 (finding conflict where New Jersey law made charitable organizations immune from most forms of tort liability whereas Pennsylvania law subjected charitable organizations … Wagner qualified to testify as to the cause of Plaintiffs injuries. Dr.

PRALL v. KUHN

District Court, D. New Jersey · Apr 30, 2025

Plaintiff provides virtually no allegations against Defendants Myers and Belin that are not part of a conclusory assertion of wrongdoing by a litany of various Defendants who are not clearly related to one another. … ” > Because this Court will dismiss Plaintiff’s federal civil rights claims at this time, the Court need not and does not address Myers’s immunity arguments. 2 Plaintiff's civil rights and related claims against

In Re G-I Holdings, Inc.

308 B.R. 196 · District Court, D. New Jersey · Apr 7, 2004

In order for an expense to qualify as “actual” and “necessary,” the claim must benefit the estate as a whole. Id. at 559 (citing Montrose Ctr. v. Northeast Consumer Tech. Store, Inc. … The RD/RA Agreement is clearly a pre-petition event and a pre-petition contractual liability — thus, a general unsecured claim.

J & J Snack Foods, Corp. v. Earthgrains Co.

220 F. Supp. 2d 358 · District Court, D. New Jersey · Sep 25, 2002

This evidence is clearly relevant to the Court’s determination of the classification of the “BREAK & BAKE” mark so will be considered on this motion for summary judgment. … Mi-chaelis’s opinion is thus sufficiently based on established facts and it adequately details the methodologies employed therein.

STOWELL v. BLACK HORSE PIKE REGIONAL SCHOOL DISTRICT

District Court, D. New Jersey · Nov 15, 2019

To establish a prima facie retaliation case under the FMLA, the plaintiff must prove that: (1) he invoked his right to FMLA-qualifying leave, (2) he suffered an adverse employment decision, and (3) the adverse action was … Plaintiff’s Complaint states that he “requested reasonable accommodations to treat his Medical Condition,” which is “clearly a protected activity under the NJLAD,” and that the District “fired Plaintiff, in part, because

Monmouth Medical Center v. Harris

494 F. Supp. 590 · District Court, D. New Jersey · May 16, 1980

If Part B claimants have no right to judicial review at all, a monetary limit on the availability of Part A review which is rationally justified is clearly constitutional. Rubin v. … It is well established that plaintiffs with separate and distinct claims cannot aggregate their claims in order to establish the jurisdictional amount for access to the federal courts, Snyder v.

BELLO v. UNITED PAN AM FINANCIAL CORPORATION

District Court, D. New Jersey · Jun 22, 2021

“If a proposed amendment is not clearly futile, then denial of leave to amend is improper.” … This is clearly relevant to Plaintiff’s retaliation claim under the NJLAD. IV.

Committee for Industrial Organization v. Hague

25 F. Supp. 127 · District Court, D. New Jersey · Oct 27, 1938

To attempt any extended exposition of either would enlarge this opinion beyond any reasonable limits and be an impertinence to those better qualified than this court. … We hold also that this easement of assemblage is clearly subject to a municipal right of regulation. To allow speakers at any place and in any number does not contribute to the enjoyment of the public.

RISIS

District Court, D. New Jersey · Oct 17, 2025

To qualify for “next friend” status, the third person must satisfy two requirements: (i) “First, a ‘next friend’ must provide an adequate explanation — such as inaccessibility, mental incompetence, or other disability — … “The burden is on the ‘next friend’ clearly to establish the propriety of [her] status and thereby justify the jurisdiction of the court.” Id. at 164 (citations omitted).

Stephens v. Yeomans

327 F. Supp. 1182 · District Court, D. New Jersey · Oct 30, 1970

Clearly the Supreme Court has evidenced a tendency in franchise disqualification cases toward a stricter than usual scrutiny of the States’ chosen classifications. Kramer v. … But although infamous felons became qualified as witnesses, the provision in the 1844 constitution respecting voter qualifications remained unchanged until 1948.

GPS OF NEW JERSEY M.D., P.C. A/S/O T.U. v. HORIZON BLUE CROSS & BLUE SHIELD

District Court, D. New Jersey · Sep 8, 2023

The Act also establishes a procedure for the payment of out-of-network providers by health insurers. … Here, iPro submitted a written decision that clearly set forth its payment determination. (See Pet. Ex. A.)

BURT v. HICKS

District Court, D. New Jersey · Dec 13, 2023

See id. at 8 n.2 (noting that Defendants’ qualified immunity arguments, which were not addressed in the Opinion, could be revisited “[s]hould Plaintiff choose to file an amended complaint”). … Nor does a failure to eliminate all risk establish the defendants were deliberately indifferent to the plaintiff’s serious medical needs. See id. at 330.

Heine v. Comm'r of the Dep't of Cmty. Affairs of State

337 F. Supp. 3d 469 · District Court, D. New Jersey · Sep 18, 2018

liability only on a "person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person ... to the deprivation of any rights, privileges, or immunities … Under this approach, the plaintiff must demonstrate that (1) he or she is a member of a protected class, (2) he or she applied for and was qualified to rent a particular unit, (3) he or she was rejected or otherwise treated

THE ESTATE OF LESTER COTTON v. SENIOR PLANNING SERVICES, LLC

District Court, D. New Jersey · Nov 30, 2020

For instance, “to qualify for institutional care in most states, an individual may not have assets exceeding a total of $2,000, and thus, to qualify for Medicaid, an individual would need to spend-down (or otherwise have … Moreover, although the Cotton Plaintiffs allege that the representative “from SPS never once mentioned that her father might not qualify for Medicaid,” the Fee Agreement clearly provides that SPS does not guarantee the

Doumani v. CASINO CONTROL COM'N OF NEW JERSEY

614 F. Supp. 1465 · District Court, D. New Jersey · Aug 6, 1985

All individuals with such influence must qualify under the Act. N.J. S.A. 5:12-85(c), (d). By 1982, the Doumani family, including the plaintiffs to this action and Edward’s *1468 brother, Fred M. … Skapp, 521 F.2d 142, 151 (3rd Cir.1975) (claims of financial injury are not alone sufficient to establish irreparable harm).

CASTRO

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

include qualifying language. See United States v. … Uriarte, 975 F.3d 596, 604 (7th Cir. 2020) (interpreting Section 403 of the First Step Act of 2018 and concluding that Congress did not qualify the statute’s terms “because it clearly applied to all defendants awaiting

MEYER v. STATE OF NEW JERSEY

District Court, D. New Jersey · Jun 30, 2025

Poggi on the basis of prosecutorial immunity.1 (Id. at 6.) … It is well established that the notice of claim provision in the NJTCA does not apply to actions alleging violations of federal constitutional rights under 42 U.S.C. §1983 or even to state constitutional torts.

Marina District Development Company, LLC v. AC Ocean Walk, LLC

District Court, D. New Jersey · Apr 19, 2021

Therefore, “[i]f a proposed amendment is not clearly futile, then denial of leave to amend is improper.” … “[T]o establish liability under § 1962(c) one must allege and prove the existence of two distinct entities: (1) a ‘person’; and (2) an ‘enterprise’ that is not simply the same ‘