Case law

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

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

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.

GREEN v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Apr 21, 2022

Five-Step Process and this Court’s Standard of Review To qualify for Title II DIB benefits, a claimant must meet the insured status requirements of 42 U.S.C. § 423. … Beverly G.’s previous employment was clearly not in domestic service, so Child Monitor is not an appropriate fit for her previous work.

Bermingham v. Sony Corp. of America, Inc.

820 F. Supp. 834 · District Court, D. New Jersey · Mar 19, 1993

Bermingham states he was qualified for the position from which he was removed and that Takagi was not qualified to replace him because of Takagi’s racial bias and discrimination. Id., ¶¶ 190, 206 . … Bermingham’s Title VII claims are not clearly set forth in Counts II and III. See supra notes 4-5. However, his Section 1981 claim is explicitly set forth as Count I.

Laven v. Flanagan

120 F.R.D. 629 · District Court, D. New Jersey · May 24, 1988

Since Class III plaintiffs allege that misrepresentations and/or omissions artificially inflated the price of the Western Union common stock which they purchased, clearly there are at least some common questions of law or … Two factors need to be met to fulfill the requirement of this subsection: (1) the plaintiffs attorney must be qualified, experienced, and generally able to conduct the proposed litigation, and (2) plaintiff must not have

Ballas v. Tedesco

41 F. Supp. 2d 531 · District Court, D. New Jersey · Mar 5, 1999

For the reasons discussed, this Court concludes that Defendants have established a likelihood of success in establishing that they are the owners of the copyright to the sound recordings. … In contrast, there clearly is no public interest in permitting the sale by Plaintiff of infringing copies of Defendants’ sound recordings. D.

PARISI v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY

District Court, D. New Jersey · Apr 6, 2023

“[A] state-court decision is an unreasonable application of clearly established [Supreme Court] precedent if it correctly identifies the governing legal rule but applies that rule unreasonably … Because Defendant previously pled to an offense that 9 DID qualify him to [sic] civil commitment, he is subject to re- evaluation any

National Research Development Corp. v. Varian Associates, Inc.

822 F. Supp. 1121 · District Court, D. New Jersey · May 13, 1993

Further, the statute squarely places the burden of proving facts establishing invalidity on the party who asserts invalidity. Id.; Jones v. Hardy, 727 F.2d 1524, 1528 (Fed.Cir.1984). … Moreover, NRDC’s broader interpretation of Garlock would mean that the Federal Circuit was willing to dispense with prior established principles in a somewhat terse manner.

CONFORTI v. HANLON

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

Eleventh Amendment Immunity Colabella briefly contends that he is entitled to Eleventh Amendment immunity because he “exercised his discretionary authority under New Jersey election law, the subject and … Despite bearing the burden of establishing his 24 right to such immunity, Christy v. Pa.

REMTEK SERVICES, INC. v. WELLS FARGO BANK, N.A.

District Court, D. New Jersey · Jan 16, 2020

As such, banks are immune from liability if they fail to confirm that the name of the beneficiary on the payment order matches the name on the bank account identified by the provided account number, unless they have actual … Consequently, to the extent Remtek is claiming that Wells Fargo was negligent when processing the $64,109.96 payment, such claim is clearly preempted and must be dismissed.

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).

American Telephone & Telegraph Co. v. M/V Cape Fear

763 F. Supp. 97 · District Court, D. New Jersey · May 1, 1991

The overriding purpose of the Cable Convention is to safeguard communication between nations which is vital for international security and commerce and is clearly advantageous to the public at large. … In addition, AT & T and 16 other co-owners, including 13 foreign sovereigns, as defined in the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. § 1603 (a), (b), have filed claims for satellite and terrestrial restoration

FINK v. BISHOP

District Court, D. New Jersey · Aug 16, 2021

Fink failed to establish causation. (Id. at ¶ 318). The Third Circuit also affirmed Judge Hillman’s decision on appeal. (Id. at ¶ 350). Mr. … Fink’s claims against Judge Hillman and the other judicial defendants due to judicial immunity. (Id. at ¶ 365). Mr.

TAYLOR v. LEITH

District Court, D. New Jersey · Jan 29, 2024

(Docket No. 1-1), which establishes his financial eligibility to proceed, and his IFP application will be granted. For the reasons discussed below, the complaint may proceed in part. I. … Based on this information, Plaintiff concludes that John Doe Dentist was not qualified or even permitted to perform root canal at Burlington County Jail, but he had done so experimentally, and the equipment failed.

Bilazzo v. Portfolio Recovery Associates, LLC

876 F. Supp. 2d 452 · District Court, D. New Jersey · Jun 25, 2012

The billing records further establish that Mr. Corzano acted independently of Ms. … Roth would qualify as a senior or supervisory paralegal under the CLS fee schedule. Moreover, the Court finds insufficient support for the reasonableness of Ms. Roth’s proposed $125.00 per hour rate.

New Jersey Speech-Language-Hearing Ass'n v. Prudential Insurance Co. of America

551 F. Supp. 1024 · District Court, D. New Jersey · Dec 3, 1982

services that the regulations, specifically 42 C.P.R. § 405.-432(b)(6), require be established by HCFA. … Plaintiffs argue that HCFA has improperly delegated to Prudential its authority to establish guidelines, that Prudential has exceeded its authority in establishing its “guidelines”, and that Prudential has improperly established

A.L. v. HOWELL TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · Feb 18, 2025

Defendant responds that the administrative record “clearly indicates that [Howell BOE] provided M.L. with a FAPE.” (Defendant’s Moving Br. at 1.) … The testimony at the due process hearing also established that there was “some gradual progress.” (See T1 47:18,9 ECF No. 13-10.)

Lechich v. Rinaldi

246 F. Supp. 675 · District Court, D. New Jersey · Sep 20, 1965

The establishment is described as a first class gourmet restaurant with excellent reputation for the quality of its food and service. … “Please be informed that inquiry has disclosed that the beneficiary is not employed in your establishment as an Executive Chef.

Cahill v. City of New Brunswick

99 F. Supp. 2d 464 · District Court, D. New Jersey · May 23, 2000

Darden decision reached only the definition of “employee” under ERISA — and expressly held that the comparatively expansive definition under the FLSA “stretches the meaning of ‘employee’ to cover some parties who might not qualify … Although such prospective loss of wages may cause hardship to the plaintiff officers, it is clearly the type of injury which is readily calculated and remedied after the fact by monetary damages.