Case law

PRICE v. THE COUNTY OF SALEM

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

P. 26 that such discovery should be permitted” and that a qualified protective order from the Court will protect the 150 inmates’ privacy interests. Id. at 8-9. … “‘Good cause’ is established when it is specifically demonstrated that disclosure will cause a clearly defined and serious injury.” Glenmede Tr. Co. v. Thompson, 56 F.3d 476, 483 (3d Cir. 1995).

Lesser v. City of Cape May

110 F. Supp. 2d 303 · District Court, D. New Jersey · Aug 16, 2000

The non-moving party may not simply rest on its pleadings to oppose a summary judgment motion, but must affirmatively come forward with admissible evidence establishing a genuine issue of material fact. … While the record does not indicate clearly what transpired at the meeting between some defendants and Lo-Biondo, the Court rejects plaintiff’s contention that the uncertainty of this event creates a genuine issue of material

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.

Gutierrez v. Ashcroft

289 F. Supp. 2d 555 · District Court, D. New Jersey · Oct 30, 2003

It is well-established that an alien at deportation proceedings has some form of right to counsel. See Lu v. … Petitioner was clearly prejudiced by his counsel’s behavior.

CARNEGIE v. United States

District Court, D. New Jersey · May 31, 2023

A criminal defendant bears the burden of establishing his entitlement to § 2255 relief. See United States v. Davies, 394 F.3d 182, 189 (3d Cir. 2005). … In considering a motion to vacate a defendant’s sentence, “the court must accept the truth of the movant’s factual allegations unless they are clearly frivolous on the basis of the existing record.” United States v.

CRUMIDY

District Court, D. New Jersey · Sep 2, 2026

New Jersey has codified a limited peer review privilege that generally protects information generated by qualifying utilization review committees. Id. … Indeed, Congress’s decision to enact the Health Care Quality Improvement Act (“HCQIA”), 42 U.S.C. § 11101, et seq., while providing qualified immunity for participants in peer review proceedings, is particularly instructive

HARROLD v. CITY OF JERSEY CITY

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

That said, should Plaintiff choose to amend her Complaint, she must clearly identify the parties against whom she asserts her claims. Department. /d. at 5,99. … a pattern of antagonism coupled with timing to establish a causal link.”

KHAN v. CITY OF BAYONNE

District Court, D. New Jersey · Jun 30, 2021

Additionally, even if the affirmations submitted by Plaintiffs were not conclusory, Plaintiffs have presented no evidence to establish that these individuals are qualified to opine on issues like the cause of the flooding … Instead, all they offer are conclusory allegations like the “system is inadequate and clearly outdated which caused the flooding.” ECF No. 30 at 6.

McCall v. Metropolitan Life Insurance

956 F. Supp. 1172 · District Court, D. New Jersey · Dec 16, 1996

As Met Life now concedes, Meadow View qualified as a “Skilled Nursing Facility” under the 1993 Plan. (Met. Life Br. in support of sum. jud. at 7). … Met Life contends that because Meadow View is not Medicare-certified, Meadow View does not qualify as a “Skilled Nursing Facility” as that term is defined in the 1994 Plan.

BUVEL v. BRISTOL MYERS SQUIBB CO.

District Court, D. New Jersey · Aug 15, 2024

However, Defendant failed to follow its exemption policy by arbitrarily denying requests that it received and failing to establish an appeal process for denied accommodations.’ (Jd. | 45-46, 53.) … Regardless, given that the Amended Complaint contains references to retaliation in passing which may overlap with Plaintiff’s more definitively stated claims of religious discrimination, the Court will allow Plaintiff to more clearly

DALAL v. MOLINELLI

District Court, D. New Jersey · Oct 28, 2022

Despite his pro se status, plaintiff is an active, prolific, and clearly intelligent litigant; given the total lack of explanation for his years- long delay in naming DiMino, Keitel, Breit, and Ward as parties to this action … Mar. 4, 2015) (noting “because plaintiff must challenge the reliability of the trial process in order to establish that the alleged interference in his relationship with trial counsel violated plaintiff’s Sixth Amendment

JACQUELINE RAMOS and EDWIN JOHNSON, individually and on behalf of all others similarly situated v. WALMART INC.

District Court, D. New Jersey · May 7, 2026

Because Defendant has failed to establish that Judge Wolfson’s determination that good cause exists was clearly erroneous or contrary to law, Walmart’s objections are therefore OVERRULED and Judge Wolfson’s … Judge Wolfson’s determinations were neither clearly erroneous nor contrary to law.

United States v. Ciampitti

583 F. Supp. 483 · District Court, D. New Jersey · Apr 2, 1984

Irreparable Injury It is clear that the Government need not make a showing of “irreparable injury” in order to qualify for an injunction under the Rivers and Harbors Act. Stoeco Homes, 498 F.2d at 611 . … Canals which connect two navigable waters of the United States and which are used for commerce clearly fall within the test, and themselves become navigable.

Smart Vent, Inc. v. USA Floodair Vents, Ltd.

193 F. Supp. 3d 395 · District Court, D. New Jersey · Jun 27, 2016

Clearly, USA Floodair’s eleventh-hour about-face fails. … Nov. 14, 2012) (discussing the "well-established practice of excluding testimony of legal experts," and barring a patent lawyer from discussing prosecution history estoppel).

Viking Yacht Co. v. Composites One LLC

496 F. Supp. 2d 462 · District Court, D. New Jersey · Jul 26, 2007

The court held that plaintiff clearly sought a product that could “withstand flex without breaking” and that it was “entitled to take the catalogue description of Sylox at its face value and plain meaning.” Id. at 261 . … The featured characteristics of the gel coat on the product bulletin are that the 953 Series are “high performance, ISO/NPG products which display HIGH GLOSS-BUFFBACK qualifies similar to our 952 series, except the 953’s

RASTELLI BROTHERS, INC. v. JUSTICE GOVERNMENT SUPPLY, INC.

District Court, D. New Jersey · Feb 5, 2025

And to be sure, “breach of contract alone is not sufficient and does not qualify as the type of wrongful act or fraud which would warrant the imposition of a constructive trust. … June 29, 2007) (“The fact that plaintiff appears pro se does not immunize [them] from sanctions pursuant to Rule 11.”).

BREAKWATER TREATMENT AND WELLNESS CORP. v. THE CITY OF ASBURY PARK

District Court, D. New Jersey · Jan 31, 2025

Having found that Plaintiff fails to establish a due process claim and an equal protection claim under the Fourteenth Amendment, the Court, at this juncture, again declines to assess Defendants’ arguments as to qualified … immunity.

TERRANOVA v. BOROUGH OF HASBROUCK HEIGHTS

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

Indeed, the amended complaint establishes the opposite: that Van Winkle was employed by and supervised by the Police Department and /or Chief Colaneri. … Based on the determination of the police department, Officer Van Winkle qualified for and received a waiver of “basic training.” Dr.

BAH

District Court, D. New Jersey · Oct 31, 2025

“The burden is on the ‘next friend’ clearly to establish the propriety of his status and thereby justify the jurisdiction of the court.” Id. at 164. … Dec. 16, 2014) (indicating that a close relative, such as a spouse, who maintains a close personal relationship with the petitioner, could qualify as a next friend).

United States v. Crispino

586 F. Supp. 1525 · District Court, D. New Jersey · May 29, 1984

Because a “likely” source is a “qualified” rather than a “definite” showing, relitigation of the underlying evidence is not barred. Id. … Consequently, the government is barred from arguing or trying to establish, for any purpose, that appellant was part of that conspiracy.