Case law

ONE JOURNAL SQUARE PARTNERS URBAN RENEWAL COMPANY LLC v. JERSEY CITY REDEVELOPMENT AGENCY

District Court, D. New Jersey · Aug 7, 2019

The temporal proximity between January 2017 and April 2018 is too remote to plausibly establish a causal link. … Because the Court has not found a plausibly asserted constitutional violation, it need not conduct a Moneil liability analysis as to the City or a qualified immunity analysis as to Fulop. '!

United States v. Antar

839 F. Supp. 293 · District Court, D. New Jersey · Dec 9, 1993

Indeed, were this a routine civil litigation or a run-of-the-mill criminal drug case, the press clearly would not be interested in the names of jurors nor the internal deliberations of the jury. … Where the particular proceeding at issue “passes these tests of *301 experience and logic, a qualified First Amendment right of public access attaches,” Id. at 9 , 106 S.Ct. at 2740 .

United States Nuclear Regulatory Commission v. Radiation Technology, Inc.

519 F. Supp. 1266 · District Court, D. New Jersey · Aug 6, 1981

As a general proposition the NRC asserts that “viewing the facts ... admitted by the Licensee or clearly established by competent evidence, there is no triable issue of fact left for this Court with respect to each item of … However, independent evidence establishes these facts.

New Jersey Automobile, Insurance Plan v. Sciarra

103 F. Supp. 2d 388 · District Court, D. New Jersey · Dec 30, 1998

Instead, Alert goes into an analysis arguing that “when the state, not a private entity, performs anti-competitive conduct, the immunity does not apply.” … Alert then launches into an analysis of state action immunity, which is inapposite to this motion.

VICCHAIRELLI v. NEW ENGLAND LINEN SUPPLY COMPANY, INC.

District Court, D. New Jersey · Jun 24, 2021

Because the “cash requirements” clause does not clearly establish a condition precedent, the Court must construe this provision as a promise. Marsa, 825 F. … The “third parties” clause, however, clearly establishes a condition that requires NELS to obtain consent from third parties before purchasing Plaintiff’s Stock.

MONAGHAN v. COUNTY OF GLOUCESTER

District Court, D. New Jersey · Apr 19, 2022

USERRA clearly states which members of the military qualify: “[a] person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed … Further, Plaintiff’s USERRA-protected military service also appears to have significantly pre-dated the heated email exchange that occurred in December 2013 where Plaintiff was clearly insubordinate to Undersheriff Knestaut

Goldwell of New Jersey, Inc. v. KPSS, INC.

622 F. Supp. 2d 168 · District Court, D. New Jersey · Mar 31, 2009

[Mid-Atlantic] shall maintain a suitable place of business, a separate qualified full-time sales staff devoted exclusively to the sale of [Goldwell] Products, and a qualified technical staff to sell and support the [Goldwell … However, insofar as King relies on ISI I and Winer for the proposition that, despite an alternative forum selection clause, “New Jersey choice of law jurisprudence clearly holds that the law of the state in which the franchisee

PAUL v. TSOUKARIS

District Court, D. New Jersey · Dec 9, 2020

The tests did not clearly indicate hepatitis but did indicate that Petitioner had elevated liver enzymes. (Id. at 35-40). … Petitioner also tested positive for antibodies indicating that he may have contracted asymptomatically, recovered from, and become immune to COVID-19, on July 20, 2020. (Id. at 20).

Weber v. Government Employees Insurance

262 F.R.D. 431 · District Court, D. New Jersey · Sep 30, 2009

The coverage election form shall contain a statement, clearly readable and in 12-point bold type, ... that election of any of the aforesaid medical expense benefits options results in less coverage than the $250,000 medical … The Risks of Establishing Liability and Damages The fourth and fifth Girsh factors require the Court to consider the risks Plaintiffs faced in establishing liability and damages.

LUCIANO v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA - COLLEGE RETIREMENT EQUITIES FUND (TIAA-CREF)

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

Finally, on the merits, Plaintiff argues that the “law of the case” has already established that the annuity contracts do not set forth a 50% annuity (id. at 30); that all versions of the 401(a) Plan establish a 100% QPSA … Therefore, the Court will allow Defendants to equitably reform Section 7.3 of the 2002 Restatement of the 401(a) Plan to more clearly reflect an intent to provide a 50% QPSA benefit.

INDUSTRIENS PENSIONSFORSIKRING v. BECTON, DICKINSON AND COMPANY

District Court, D. New Jersey · Jun 9, 2020

Kessler Topaz and Carella Byrne, the law firms selected by Industriens, are highly qualified and experienced in securities fraud class action litigation. … In light of the foregoing, Industriens clearly satisfies the PSLRA’s lead plaintiff requirements.

Pennsylvania Greyhound Lines, Inc. v. Board of Public Utility Com'rs

107 F. Supp. 521 · District Court, D. New Jersey · Sep 25, 1952

These rules and regulations include a provision permitting a motor carrier to qualify as a self-insurer upon meeting certain conditions. … The Southern Railway case clearly expresses the reasons for the salutory rule that a federal court should decline in certain cases to hear suits concerning state legislation until the state courts have adjudicated the issues

YOUNG v. UNITED STATES

District Court, D. New Jersey · Jul 31, 2019

LEGAL STANDARD A motion for judgment on the pleadings “will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to a judgment as a matter … The Court reiterates that “[b]ecause the Federal Tort Claims Act constitutes a waiver of sovereign immunity, the Act’s established procedures have been strictly construed.”

Islamic Society of Basking Ridge v. Township of Bernards

226 F. Supp. 3d 320 · District Court, D. New Jersey · Dec 31, 2016

Legal Standard Under Federal Rule of Civil Procedure 12(c), “judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that [the movant] is entitled to judgment … Clearly, the application of Defendants’ logic is unworkable. 4.

P. Schoenfeld Asset Management LLC v. Cendant Corp.

142 F. Supp. 2d 589 · District Court, D. New Jersey · May 7, 2001

BDO clearly knew their certifications would be included in Form 10-Ks and annual reports. … Such are insufficient to establish scienter.

American Telephone & Telegraph Co. v. Winback & Conserve Program, Inc.

851 F. Supp. 617 · District Court, D. New Jersey · May 12, 1994

Given AT & T’s theory of vicarious liability, this Court must determine if WCPI and/or Inga, the named defendants qualify as “[a]ny person” within the meaning of the Lanham Act. … The purpose of Ais order was to ensure that WCPI was clearly identified as its own corporate entity without any affiliation to AT & T.

RICHARDSON v. ORIOLO

District Court, D. New Jersey · Sep 12, 2022

Oriolo is entitled to qualified immunity; and (5) Claims against Defendants State of New Jersey and Oriolo in his official capacity are barred. (See ECF No. 88-3.) … App’x at 171–72 (affirming grant of summary judgment to defendants in false arrest § 1983 case on basis of probable cause and qualified immunity where warrant “appears on its face to be valid”); see also Messerschmidt v

PBA Local No. 38 v. Woodbridge Police Department

134 F.R.D. 96 · District Court, D. New Jersey · Feb 22, 1991

This number (322), which does not include family members and associates who may have called or visited the station, clearly meets the numerosity requirement. See, e.g., Smith v. … Fourth, as to adequacy of representation, plaintiffs’ attorneys appear to be “qualified, experienced, and generally able to conduct the proposed litigation”, see Wetzel v.

KEITH

District Court, D. New Jersey · May 13, 2026

Plaintiff must establish two elements: “(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived the plaintiff of rights, privileges, or immunities … Jan. 14, 2021) (“A privately retained attorney clearly does not act under color of state law[.]”).

Collick v. Weeks Marine, Inc.

680 F. Supp. 2d 642 · District Court, D. New Jersey · Oct 28, 2009

See Foulk, 144 F.3d at 260 (rejecting district court’s ruling that an injured seaman’s ten-day employment contract provided a “clearly inadequate temporal connection to vessels in navigation”) (internal quotation omitted) … In Chandris , the Supreme Court suggested, as a guideline, that an employee who spends 30% of more of the workday aboard a vessel has a substantial enough connection to the vessel to qualify as a seaman. 515 U.S. at 371 ,