Case law

MUNS v. CAMDEN COUNTY BOARD OF SOCIAL SERVICES

District Court, D. New Jersey · Jul 17, 2019

Plaintiff’s first argument fails because the law clearly permits an employer to require a second medical opinion. … leave under the employer’s established leave policies.”

MODESTIN v. NOGAN

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

“The ‘clearly established Federal law’ provision requires Supreme Court decisions to be viewed through a ‘sharply focused lens.’” Jd. … Washington, 466 U.S, 668 (1984), which constitutes “clearly established Federal law” for AEDPA 10 purposes, See Williams v. Taylor, 529 U.S. 362 (2000); Rainey 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.

Merck & Co. v. Chase Chemical Company

273 F. Supp. 68 · District Court, D. New Jersey · Sep 1, 1967

That case is clearly distinguishable on its facts. … But the evidence clearly established that said organism falls within the class of Schizomycetes, which is specifically named in the ’302 product claims.

YOUNG

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

“On or about February 16, 2023, Plaintiff reached out to a broker in an attempt to get qualified for a mortgage.” (Ud. J 11.) … (See Compl. 4 11 (“On or about February 16, 2023, Plaintiff reached out to a broker in an attempt to get qualified for a mortgage.”), id.

CARMICHAEL v. THOMSON

District Court, D. New Jersey · Feb 10, 2023

permitted broader actions to qualify including suspensions, demotions, and changes in salary, hours, or fringe benefits. … , or (2) a pattern of antagonism coupled with timing to establish a causal link.”

AQUINO v. SUBARU OF AMERICA, INC.

District Court, D. New Jersey · Sep 26, 2024

Legal Standard It is well-established there exists “a common law public right of access to judicial proceedings and records.” … The parties have also sent hard copies, so the Court may assess whether the proposed materials qualify for sealing under L. Civ. R. 5.3.

AMATO v. SUBARU OF AMERICA, INC.

District Court, D. New Jersey · Sep 26, 2024

Legal Standard It is well-established there exists “a common law public right of access to judicial proceedings and records.” … The parties have also sent hard copies, so the Court may assess whether the proposed materials qualify for sealing under L. Civ. R. 5.3.

DELCONTE v. MONROE TOWNSHIP BOARD OF EDUCATION

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

The court held that Sam failed to meet his burden to establish that disqualification of Archer Law was appropriate and denied Sam’s motion. … In Bosire and Cendant, there was an actual and clearly identifiable conflict of interest.

Krys v. Aaron

106 F. Supp. 3d 492 · District Court, D. New Jersey · May 22, 2015

Therefore, the Court notes that, in order to qualify as a case fit for federal-court adjudication, “ ‘an actual controversy must be extant at all stages of [a court’s] review, not merely’ ” at the filing of the complaint. … Therefore, in the event “the obligation to distribute [did] not begin until termination,” the court found “some residual power ... clearly” inferable. Id. (emphasis in original).

UMG RECORDINGS,INC. v. RCN TELECOM SERVICES, LLC

District Court, D. New Jersey · Apr 29, 2022

The statute imposes a more stringent standing requirement in that claimants must establish a loss or deprivation of money or property sufficient to qualify as injury in fact (i.e., economic injury) and demonstrate that … A DMCA Policy, it should be noted, that Internet Providers created to benefit from statutory immunity from infringement suits under the Act.

MALDONADO v. CITY OF PASSAIC BOARD OF EDUCATION

District Court, D. New Jersey · Jan 21, 2020

(See id. at 39:6–11 (stating that in an amended pleading the Court “need[s[] to understand how . . . every single board member . . . in this complaint had knowledge that Maldonado and Nazario were clearly team Diaz.”)). … To establish municipal liability, a plaintiff must: (i) demonstrate the existence of an unlawful policy or custom; (ii) that resulted in a deprivation of the rights, privileges, or immunities secured by the Constitution

ATWELL v. United States

District Court, D. New Jersey · May 20, 2022

But to this day he has not clearly demonstrated acceptance of responsibility. He is not entitled to the two-level adjustment. … 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).

EASTERDAY v. USPACK LOGISTICS LLC

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

Defendant has identified 367 individuals who qualify as a class member under this definition. (Agreement ¶ 12(z)). … The notice must “clearly and concisely state in plain, easily understood language”: i. the nature of the action; ii.

Zavala v. Wal-Mart Stores, Inc.

393 F. Supp. 2d 295 · District Court, D. New Jersey · Oct 7, 2005

or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities … Of course, Kozminski ultimately concluded that psychological coercion was insufficient to establish a claim of involuntary servitude. Id. at 949 , 108 S.Ct. 2751 .

CPS MedManagement LLC v. Bergen Regional Medical Center, L.P.

940 F. Supp. 2d 141 · District Court, D. New Jersey · Apr 5, 2013

Establish and maintain with [the Hospital] a drug surveillance and drug utilization review program; (h.) … To establish fraud, the Hospital must walk a fine line.

BEU v. CITY OF VINELAND

District Court, D. New Jersey · Mar 8, 2021

However, the Complaint does not plead any allegations establishing that Maslanich and Donoflio had an agreement or understanding with the state actor defendants. … The Complaint fails to include specific allegations establishing the existence of a conspiracy.

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

District Court, D. New Jersey · Nov 7, 2022

The Law Division’s denial of Claim V was not contrary to, nor was it an unreasonable application of, clearly established federal law. … The Law Division’s denial of this claim was not contrary to, nor an unreasonable application of, clearly established federal law.

WILSON v. NEW JERSEY DEPARTMENT OF CORRECTION

District Court, D. New Jersey · Sep 18, 2019

Plaintiff seeks monetary damages against the State Defendants in their official capacities and has not clearly sought prospective injunctive relief. … To establish that he is exposed to asbestos at a level that poses an unreasonable risk of serious damage to his future health, Plaintiff must plead additional facts.

DEJEWSKI v. NATIONAL BEVERAGE CORP.

District Court, D. New Jersey · Jan 12, 2021

The mere fact that a party’s counsel has been copied on an email does not establish that a document is privileged. … “Merely ‘cc’ing’ an email to an attorney is clearly insufficient to establish the privilege.