Case law

In Re Bayside Prison Litigation

190 F. Supp. 2d 755 · District Court, D. New Jersey · Mar 13, 2002

. § 1983 ; and (5) prison officials were entitled to qualified immunity with respect to allegations of unconstitutional prison conditions. … Inmates are instructed that the ARF is not “to be substituted for an established complaint, present litigation, appeal, interview request procedure, or Classification Committee decisions.” Id.

ASADURIAN

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

In fact, even the testimony to which Plaintiff cites also fails to establish this harm occurred during the Disability Period of October 2004 through June 2009. … It does not clearly indicate how much he can lift. Dr.

GREENE v. NOGAN

District Court, D. New Jersey · Mar 30, 2022

Petitioner contends that the admission of the evidence of “papi hunting” and the joinder of the bias intimidation charge violated his clearly established federal rights. … Moreover, the Appellate Division did not unreasonably determine the facts or unreasonably apply any clearly established Supreme Court precedent in deciding this issue.

ZIGARELLI v. CITY OF CLIFTON

District Court, D. New Jersey · Apr 13, 2020

If Plaintiff is actually asserting another Section 1983 cause of action, he must clearly assert such cause(s) of action in an amended complaint. … Whether or not selling those shirts qualifies as protected speech, Zigarelli has not alleged that he was deprived of the ability to do so.

LEWIS v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Jan 19, 2024

Avoidance of temperature extremes and pulmonary irritants takes into account the claimant’s diagnosed immune disorders. R. 25. … Shipkin’s letter does not qualify as a medical opinion that the ALJ was required to evaluate. Indeed, Dr.

Connor v. Sedgwick Claims Management Services, Inc.

796 F. Supp. 2d 568 · District Court, D. New Jersey · Jun 24, 2011

party if the plan establishes procedures for such delegation”). … These provisions clearly indicated a grant of discretionary authority to Sedgwick.

OWENS v. JENEBY

District Court, D. New Jersey · May 14, 2025

The IFP application must include “an affidavit stating all income and assets” to establish that the applicant is unable to pay the requisite fees. Martinez v. Harrison, Civ. A. … For example, as the Judiciary Defendants point out in their letter, various Defendants are likely entitled to judicial or other types of immunity from suit. [Docket No. 24 at 3.]

CUNNINGHAM v. BURLINGTON COAT FACTORY WAREHOUSE CORPORATION

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

To establish a prima facie ADA discrimination claim, a plaintiff must demonstrate that they 1) are disabled within the meaning of the ADA, 2) are otherwise qualified for the position with … The Court agrees with Defendant that Plaintiff has failed to establish a prima facie discrimination claim.

STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.11.13.209

District Court, D. New Jersey · Jun 23, 2022

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 serious … Though these documents have been subject to a protective order, it does not necessarily mean that the documents automatically qualify to remain sealed. Brooks v.

D.B. v. Ocean Township Board of Education

985 F. Supp. 457 · District Court, D. New Jersey · Nov 21, 1997

However, both policies are clearly and strongly reflected in the Act as written. … The procedural aspect of the mainstreaming requirement is also clearly expressed in the language of the Act itself, which states in perti *489 nent part that the state must establish "(A) procedural safeguards as required

J. SUPOR & SON TRUCKING & RIGGING CO., INC. v. TRUCKING EMPLOYEES OF NORTH JERSEY WELFARE FUND

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

The Fund moved to dismiss the Petition, arguing that Supor clearly agreed to arbitrate based on contractual agreements between the parties. (DE 9-1 at 11–12 (ECF Pagination)). … This Court has previously held that signatories to short-term agreements had a contribution obligation, qualifying them as employers under the MPPAA. See, e.g., N.J. Carpenters Pension Fund, 68 F.

RUSSELL v. JOHNSON

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

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. … The state court’s decision was not an unreasonable application of clearly established federal law.

DIAMOND v. MJH LIFE SCIENCES

District Court, D. New Jersey · Sep 23, 2024

Karas, Defendant has clearly made out a legitimate, non-discriminatory reason for its termination of Plaintiff. Disruptive behavior, such as Plaintiff’s inappropriate conduct towards Ms. … Plaintiff is clearly attempting to cast doubt by demonstrating “weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer’s proffered legitimate reasons for its action that a reasonable

DEPALMA v. THE SCOTTS COMPANY, LLC

District Court, D. New Jersey · Jun 10, 2019

(PSOF; DE 187). 2 These submissions pose dozens of disputes of fact, some material and some clearly not. … Encino, however, clearly overturns that former narrow-construction approach. Encino, 138 S.

Major League Baseball Promotion Corp. v. Colour-Tex, Inc.

729 F. Supp. 1035 · District Court, D. New Jersey · Jan 24, 1990

Since we have found that the printing by A.C. was infringement, A.C. is clearly liable for its own actions. Mr. … A fundamental maxim of statutory construction is that a specific provision qualifies a more general provision and will govern, even though the general provision, standing alone, would encompass the same subject.

Kessler Institute for Rehabilitation, Inc. v. Mayor of Borough of Essex Fells

876 F. Supp. 641 · District Court, D. New Jersey · Jan 31, 1995

Benney is in fact disabled, they object that she is not “qualified” because Plaintiffs have not alleged that she was denied any municipal services. Defendants are correct. … Based upon the allegations contained in Plaintiffs’ complaint, UAFHP clearly lacks standing to pursue any claims in its own right.

United States v. Lebherz

129 F. Supp. 444 · District Court, D. New Jersey · Mar 11, 1955

And since the ministerial exemption is a matter of legislative grace, the selective service registrant bears the burden of clearly establishing a right to the exemption.” See 32 C.F.R. § 1622.1 (c). … Each defendant has failed, however, to establish such a course of conduct as to fulfill the requirements needed to establish a right to exemption as a minister.

Birnberg v. Rancho La Costa (In re Reach, McClinton & Co.)

102 B.R. 392 · District Court, D. New Jersey · Jun 9, 1989

that Bernheim received the statement sometime in 1980. 19) Footnote 10 of the corporate statement would put any reasonable person on notice of an irregularity and would require that person to inquire further. 20) Reach was qualified … He established a New Jersey domicile only after he had discovered that his potential claim was time barred under New York law.

CASTRO GOMEZ v. ANDERSON

District Court, D. New Jersey · Jan 6, 2021

Those such as Petitioner who test positive for antibodies which indicate they are recovering from and developing immunity to the virus are placed in quarantine. ECF No. 10-6at 5–6. … Taken together, these concrete actionsto mitigate the threat of COVID-19 and treat those infected with the virus clearly show that the conditions under which Petitioner is detained are not arbitrary, excessive, or purposeless

P.G. v. Brick Township Board of Education

124 F. Supp. 2d 251 · District Court, D. New Jersey · Dec 11, 2000

Plaintiffs clearly establish that the first prong of the prevailing party test has been satisfied. The Board itself does not contend that plaintiffs failed to satisfy the first prong of the prevailing party test. … Loughlin, a civil rights attorney with significant experience in special education law, appears to qualify as such an expert. (Loughlin Certif. ¶¶ 3-6.)