Case law

Burt v. Bilofsky

120 F. Supp. 822 · District Court, D. New Jersey · Apr 27, 1954

We are firmly convinced that the conception, considered in the light of the earlier disclosures, required nothing more than a knowledge-of the art and the mechanical skill of a qualified artisan. … We are of the opinion that the patent in suit is so clearly invalid that such an assumption would be difficult, if not impossible. There is, however, an additional answer to the charge of infringement.

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

District Court, D. New Jersey · Dec 8, 2022

Moreover, the Fee Agreement clearly provides that SPS does not guarantee the success of the Medicaid application. Id.; Ex. B. … Plaintiffs insist that the cited statement establishes that SPS told Ms. Cotton that it could essentially do the job of an attorney. (SPS Opp’n Br. at 17.)

National Football League Properties, Inc. v. New Jersey Giants, Inc.

637 F. Supp. 507 · District Court, D. New Jersey · May 8, 1986

But the Giants and NFLP have no control over defendant’s business activities or over the nature and clearly inferior quality of the merchandise sold by defendant and, indeed, the quality of that merchandise does not satisfy … Norman Passman, President of Guideline, has market research experience and has been qualified as an expert in other cases in federal courts to render opinions as to the likelihood of confusion based upon surveys designed

FURMANEK v. BOMBARDIER TRANSPORTATION (HOLDINGS) USA INC.

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

Both Alicea and Crockett were “clearly displeased” as they walked away from Plaintiff. (Id. ¶ 22.) On May 16, 2019, Plaintiff reported to work for his scheduled 6:00 am shift. (Id. ¶ 23.) … A plaintiff must demonstrate the following elements to establish a claim of discriminatory discharge under the NJLAD: “(1) that plaintiff is in a protected class; (2) that plaintiff was otherwise qualified and performing

United States v. Local 560

550 F. Supp. 511 · District Court, D. New Jersey · Nov 1, 1982

It went on to hold: This remedy was clearly not intended to be exclusive. … The congressional declaration of findings, purposes and policy which prefaces the LMRDA clearly establishes the role this legislation is to play in the larger scheme of labor law: The Congress further finds, from recent investigations

MORRISON v. CITY OF JERSEY CITY

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

A policy is made when a “‘decisionmaker possess[ing] final authority to establish municipal policy with respect to the action’ issues an official proclamation, policy, or edict.” Andrews v. … She alleges that “no effort was made to retain the surveillance video,” which she contends “would have clearly shown Defendant Zylkiewicz to be at fault” because “he had hit her broadside,” and that “no findings were issued

Phillips Electronic & Pharmaceutical Industries Corp. v. Thermal & Electronics Industries, Inc.

311 F. Supp. 17 · District Court, D. New Jersey · Mar 23, 1970

Defendant’s witness, John Gallup, a well qualified expert in the field of glass technology, testified concerning the combination of the teachings of Lorenz and German patent 734,115: Q. Mr. … If accused matter falls clearly within the claim, infringement is made out and that is the end of it. Id. at 607 , 70 S.Ct. at 855 .

Pilgrim Med. Gr. v. Njs Bd. of Med. E.

613 F. Supp. 837 · District Court, D. New Jersey · Jul 10, 1985

To permit otherwise would result in a violation of the right to abortion now clearly guaranteed by decisions of the United States Supreme Court. … Wilchins, M.D., (12/11/84) ¶¶ 8, 19, and states that he and another doctor practicing at plaintiff's clinic are qualified to perform abortions at eighteen weeks gestational size, at such clinic.

TOWNSEND v. DAVIS

District Court, D. New Jersey · Mar 9, 2022

Coughlin, who was qualified as an expert in psychological trauma. Dr. … Federal law is clearly established for these purposes where it is clearly expressed in “only the holdings, as opposed to the dicta[,]” of the opinions of the United States Supreme Court. See Woods v.

SAPP

District Court, D. New Jersey · Mar 6, 2026

Aug. 15, 2022) (construing complaint as asserting individual capacity claims against official where official capacity claims were barred by sovereign immunity); Est. of Tyler ex rel. Floyd, 108 F. … Although the plaintiff’s opposition need not be formal, it “must clearly indicate a belief that an act forbidden by the NJLAD has occurred.” Greco v. T-Mobile, USA, Civ. No. 09-967, 2010 WL 4981264, at *12 (D.N.J.

CONTRERAS v. United States

District Court, D. New Jersey · Mar 31, 2022

The moving party bears the burden of establishing that no genuine issue of material fact remains. Id. … The United States is immune from suit unless Congress unequivocally waives sovereign immunity. U.S. v. Mitchell, 445 U.S. 535, 538 (1980).

Farris v. County of Camden

61 F. Supp. 2d 307 · District Court, D. New Jersey · Aug 20, 1999

Clearly, one cannot reasonably rely in good faith on a benefit wrongfully obtained. … Clearly, the renegotiated leases were supported by consideration, specifically, an initial rental rate of $9.00 per square foot.

Dandrea Produce, LLC v. Safeway Fresh Foods LLC et al.

District Court, D. New Jersey · Aug 19, 2026

Plaintiff contends Safeway’s outstanding payments and sale proceeds of the goods qualify as “PACA Trust Assets.” Id. ¶¶ 25, 26. … It further asserts that the money owed qualifies as a “trust” debt pursuant to PACA. See id. at 1.

Perna v. Electronic Data Systems, Corp.

916 F. Supp. 388 · District Court, D. New Jersey · Dec 21, 1995

“Rule 37 established the mechanisms by which Rules 26 to 36 can be made effective. It provides generally for sanctions against parties or persons unjustifiably resisting discovery.” 8A Charles A, Wright, Arthur R. … Perna’s act was clearly conduct that was conducted under the penumbra of this court’s authority and jurisdiction.

KRASNIQI v. DIBBINS

District Court, D. New Jersey · Sep 1, 2021

One such principle is that when a party intentionally abandons a known right, or “clearly chooses a particular path, it will be respected and generally not further reviewed.” United States v. … Krasniqi did not present evidence establishing that the publications “qualify as professional or major trade publications.” (Id.)

RICHARDSON v. United States

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

The Government contends that these claims, raised for the first time in correspondence addressed to the Court in the late fall of 2021, are clearly time barred to the extent they are proper bases for relief under § 2255 … The Supreme Court has clearly held that the loss of desired appellate proceedings is prejudice enough to warrant relief in the form of a nunc pro tunc appeal. Id.; see also Solis v.

WILLIAMS v. INSPIRA HEALTH NETWORK

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

Defendant states that she has not put forth sufficient proofs that she has a qualifying disability. (Id.). … To rebut the presumption of public access, “the party seeking confidentiality must demonstrate good cause by establishing that disclosure will cause a clearly defined and

John E. Long, Inc. v. Borough of Ringwood

61 F. Supp. 2d 273 · District Court, D. New Jersey · Aug 14, 1998

This process is clearly a constitutionally adequate procedure. See DeBlasio, 53 F.3d at 597-98 . Accordingly, Plaintiffs cannot maintain a procedural dues process claim. C. … any 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

SILIPENA v. AMERICAN PULVERIZER COMPANY

District Court, D. New Jersey · Jun 28, 2024

Shapiro need not possess a professional degree to qualify as an expert in this case. … Apr. 26, 2013) (“[e]xpert opinions on damages commonly assume liability, which must be established independently.”).

GOYDOS

District Court, D. New Jersey · Jun 26, 2026

Goydos provided the requested documentation establishing Dr. … This also matters in terms of the logistics of any potential interview and immunity. Because Rutgers’s communications with Dr.