Case law

American Creosoting Co. v. Deutsche Petroleum Aktien Gesellschaft

28 F.2d 356 · District Court, D. New Jersey · Aug 16, 1928

The evidence establishes that the cargo, so-far as its pumpability and freedom of pitch is concerned, complied with the charter’s guaranty. … Do the conditions here referred to amount to the “perils of the sea,” contem *364 plated in the immunity provisions of the charter?

GREENMAN v. CITY OF HACKENSACK

District Court, D. New Jersey · Mar 9, 2021

Section 1983 allows a party who has been deprived of rights, privileges, or immunities secured by the Constitution to seek damages and injunctive relief. … circularly, it is defined as, inter alia, “an individual employed by an employer, except that the term ‘employee’ shall not include any person elected to public office in any State or political subdivision of any State by the qualified

DUNCAN v. KEARFOTT CORPORATION

District Court, D. New Jersey · Jun 25, 2025

Givant testified that she was not qualified for the position. (Id. ¶ 159.) … Plaintiff’s deposition testimony, even when viewed in her favor, also clearly establishes that she did not ever understand herself to be requesting FMLA leave.

Datascope Corp. v. SMEC, INC.

594 F. Supp. 1306 · District Court, D. New Jersey · Sep 24, 1984

The production of new prior art not before the Patent and Trademark Office (PTO) eliminates or reduces the deference due the PTO as a qualified government agency presumed to have properly done its job, but it does not shift … As to the length of the support member, the patent clearly indicates that it extends from the distal tip of the balloon to a point in the catheter tube adjacent to the balloon chamber.

FONTANEZ v. KUHN

District Court, D. New Jersey · Nov 16, 2022

The elements of a claim under Title II of the ADA are that "(1) [the plaintiff] is a qualified individual with a disability; (2) he was either excluded from participation in or denied the benefits of some public entity's … App'x 463, 467 (3d Cir. 2008) (ignoring a prisoner's disabilities does not establish discriminatory animus based on those disabilities.)

COLEMAN v. UNITED STATES OF AMERICA

District Court, D. New Jersey · May 27, 2021

Subject Matter Jurisdiction “The United States has sovereign immunity from civil liability, except when it consents to be sued.” McIntosh v. … Plaintiff herein alleges the BOP’s Federal Operations Manual (FOM) qualifies as a “policy” such that it precludes the application of the discretionary function exception.

TAYLOR

District Court, D. New Jersey · Jan 27, 2026

“In assessing whether a hearing is necessary, the court ‘must accept the truth of the movant's factual allegations unless they are clearly frivolous’ or contradicted by the record.” Id. … However, the Court agrees with Respondent that the record conclusively establishes that Petitioner did not qualify for the safety valve because he had a prior 3-point conviction and a 2-point conviction and was thereby

APPLEBAUM v. FABIAN

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

“Therefore, ‘[i]f a proposed amendment is not clearly futile, then denial of leave to amend is improper.’” Schiano v. MBNA, No. 05-1771 (JLL), 2013 U.S. Dist. LEXIS 81440, *44 (D.N.J. … While Plaintiff alleges that she qualifies as a “de facto seller” or “forced seller” of THC shares, (id. at Count XII ¶ 6), that approach presents its own pitfalls.

Emri v. Evesham Township Board of Education

327 F. Supp. 2d 463 · District Court, D. New Jersey · Jul 29, 2004

Emri filed a motion to dismiss the remaining counts, arguing that the Board had not established that each established conduct unbecoming a teacher. (Id.) … Board of Education, 391 U.S. 563, 574-75 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968), which these racially derogatory statements clearly were not. 4 .

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

District Court, D. New Jersey · Apr 28, 2021

DISCUSSION In opposition to the instant Motion, Defendants argue the Arbitrator ignored the EBAC’s consideration and analysis of Plan documents and related materials establishing that the … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

TELFAIRE v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Sep 30, 2019

Regulations promulgated under the Social Security Act establish a five-step process for determining whether a claimant is disabled. 20 C.F.R. § 416 .920(a)(1). … The ALJ satisfies this standard by “clearly evaluating 502S, 2014 WL 2931400, at *3 (W.D.N.Y.

HINNANT v. United States

District Court, D. New Jersey · Oct 23, 2020

Alternatively, a petitioner can also overcome procedural default if he can establish “actual innocence.” See Bousley v. … This Court will presume arguendo Petitioner has adequately established cause for similar reasons as those courts.

RUSSELL v. RIGBY

District Court, D. New Jersey · Feb 20, 2020

Finally, Officer Rigby argues that he is entitled to qualified and good faith immunity. 2 Mr. … Attendance at a hearing or trial does not qualify as a seizure for malicious prosecution purposes under § 1983. DiBella v.

SIMON v. SAINT DOMINIC ACADEMY

District Court, D. New Jersey · Jul 29, 2020

The LAD does not specify a qualifying age to assert an age discrimination claim. … Next, being terminated clearly constitutes an adverse employment action.

WRAITH v. WAYFAIR, INC.

District Court, D. New Jersey · Jul 12, 2023

Beyond Plaintiff’s doctors’ notes, Plaintiff’s own deposition testimony establishes that he could not grab “anything more than one foot away from [his] body” (Pl. … Defendants clearly articulated its policy to Plaintiff (SMF ¶ 22; Answer to SMF ¶ 22) that leaves of absence were limited to 6.66 hours of PTO per month from January through December (id. ¶ 7; id. ¶ 7) and a total of 24

United States v. Faison

564 F. Supp. 514 · District Court, D. New Jersey · Apr 7, 1983

Despite this well-established practice, the court felt it should proceed in a more formal fashion. … There clearly is scar tissue from myocardial infarctions, and severe coronary artery disease.

In re Honeywell International Inc., Securities Litigation

211 F.R.D. 255 · District Court, D. New Jersey · Nov 14, 2002

Adequacy under Rule 23(a)(4) The adequacy of a named plaintiff depends upon two factors: counsel for the named plaintiff must be qualified, experienced and *261 generally able to conduct the proposed litigation; and the named … This argument similarly fails to establish that Plaintiffs will not be able to invoke the presumption.

Lo Bosco v. Kure Engineering Ltd.

891 F. Supp. 1020 · District Court, D. New Jersey · Jul 11, 1995

This qualifies easily as a joint venture as it is defined in the authorities cited above. … Therefore, the Court finds that, even if plaintiff establishes the existence of a joint venture, the equities of the situation would not warrant an award under a breach of fiduciary duty theory.

In re Kasper-Ansermet

132 F.R.D. 622 · District Court, D. New Jersey · Mar 23, 1990

Regan, 453 U.S. 654 , 101 S.Ct. 2972 , 69 L.Ed.2d 918 (1981), for discussion of the Accords establishing the Tribunal. Fedders contends before the Iran-U.S. … Vischer is "perfectly qualified to give any explanation that he deems necessary in regard to the principles of the penal proceedings in force in Geneva,” see Additional Memorandum of L. Kasper-Ansermet, May 24, 1989.

UNITED STATES OF AMERICA v. JOHNSON & JOHNSON

District Court, D. New Jersey · Jan 10, 2022

Smollen is qualified to opine on compliance issues due to his education and experience. He held leadership and advisory positions in several pharmaceutical companies, assisted in establishing and enhancing U.S. … He clearly delineates what his testimony and report opine on (his methods for prescribing 10 Relators have asked this Court to exclude “Dr.