Case law

Vitiello v. Cicconi

103 F.R.D. 130 · District Court, D. New Jersey · Sep 20, 1984

The named plaintiffs are a generally affluent group who are clearly able to finance this action. … The court finds that the common questions clearly predominate over any questions individual to the plaintiffs. B.

EOI Corp. v. Medical Marketing Ltd.

172 F.R.D. 133 · District Court, D. New Jersey · Feb 27, 1997

Clearly, a summons and complaint are legal forms pertaining to a proceeding intended to administer justice. Hence, they are judicial documents. … If the drafters did not intend for Article 10(a) to include service of process, they could have altered the plain meaning of the text to qualify that a summons and complaint are not “judicial documents,” in the context of

Student Public Interest Research Group v. Monsanto Co.

721 F. Supp. 604 · District Court, D. New Jersey · Feb 14, 1989

Plaintiffs have made no showing that they were unable to secure qualified counsel within the District of New Jersey. … To the contrary, defendant’s submissions establish that qualified south New Jersey attorneys could have successfully handled the case.

CPM CONSULTING LLC v. CAPSUGEL US LLC

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

Defendant focuses on contract language, arguing that it clearly establishes an independent contractor relationship. Def. Br. at 6-7; see also Def. Reply at 3-4. … But the SOW clearly states that estimated project duration was three months. Def’s App’x, Ex. A-4. fails to explain why the failure to extend a contract amounts to an adverse employment action.

Varacallo v. Massachusetts Mutual Life Insurance

226 F.R.D. 207 · District Court, D. New Jersey · Feb 15, 2005

The Karges Irrevocable Trusts I and II were established by Plaintiff Karges and his spouse, Merrily D. … This clearly supports the superiority of a Class Action.

Securities & Exchange Commission v. Antar

15 F. Supp. 2d 477 · District Court, D. New Jersey · Jul 16, 1998

Uncle Eddy received a grant of immunity from prosecution pursuant to an agreement with the United States Attorney for the District of New Jersey. … Consequently, Eddie and Sam E. reduced the total amount of the 1986 fraud by asking the auditors to establish excessive reserves.

Concepcion v. Morton

125 F. Supp. 2d 111 · District Court, D. New Jersey · Dec 21, 2000

it qualifies as an administrative remedy that must be exhausted under Section 1997e(a) is a question of law.” … Clearly then, not all use of force rises to the level of a constitutional violation.

REILLY v. VIVINT SOLAR

District Court, D. New Jersey · Jan 26, 2021

That form, quite clearly, contains a hand-drawn signature purporting to be that of Plaintiff. … The parties clearly disagree about whether Chamberlain’s knowledge may be imputed to Defendant.

BERRY v. UNITED STATES OF AMERICA

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

Mace-Leibson signed a discontinuation of Plaintiff's prescription for omeprazole, based on the pharmacist's note that he did not qualify for a prescription. He was advised to purchase omeprazole at the commissary. … However, "the FTCA's statute of limitations is not jurisdictional" and it is the "defendant's burden to establish the date when the plaintiff knew, or reasonably should have known, of the cause of his injury."

SCHLATER v. ARTHRITIS, RHEUMATIC & BACK DISEASE ASSOCIATES, P.A.

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

Under the McDonnell Douglas framework, “a plaintiff must first establish a prima facie case of discrimination. … Once a plaintiff has established those elements, she must then “show that [her] employer failed to participate in the interactive process” by establishing four additional elements.

THIEME v. CARVAJAL

District Court, D. New Jersey · Aug 29, 2025

The Court found that the Mask Memorandum “clearly outline[d] a course of conduct that could not be disobeyed by prison staff. … May 10, 2022) (dismissing a prisoner’s FTCA claim alleging negligence for failure to establish causation).

JDM Group, LLC v. PASSAIC VALLEY WATER COMMISSION

District Court, D. New Jersey · Dec 4, 2019

It would appear that sovereign immunity under the Eleventh Amendment would bar suit against the State. Passaic. … To the extent Plaintiff is solely attempting to get relief from the state court final judgment, Rooker-Feldman clearly applies.

DECOLLI v. PARAGON SYSTEMS, INC.

District Court, D. New Jersey · Jul 30, 2021

A court may only grant a motion for judgment on the pleadings if the movant “clearly establishes that no material issue of fact remains to be resolved and that [the movant] is entitled to judgment as a matter of law.” … Thus, to establish claims under the ADEA and Title VII, a plaintiff must establish that he or she is an employee of the defendant. See Covington v.

One World Botanicals Ltd. v. Gulf Coast Nutritionals, Inc.

987 F. Supp. 317 · District Court, D. New Jersey · Dec 10, 1997

One World’s letter of May 5, 1997 clearly indicated its intention to file suit against Gulf Coast unless Gulf Coast discontinued utilizing its NOAH’S ARK mark. (See Seidel Decl., Ex. A.) … Honickman, 808 F.2d 291, 297 (3d Cir.1986) (“If we hold a term arbitrary or suggestive, we treat it as distinctive, and it automatically qualifies for trademark protection at least in those geographic and product areas in

HO-HO-KUS, INC. v. SUCHARSKI

District Court, D. New Jersey · Aug 21, 2025

The Intellectual Property Acknowledgement also lacked a mandatory notice required by the Defend Trade Secrets Act, see 18 U.S.C. § 1833(b)(3)(A), immunizing employees for, and permitting retention or disclosure of, … Supp. 2d 411, 426 (D.N.J. 2005) (“[C]ase law is clear that, in order to overcome this qualified privilege, Defendants must plead malice.”); see also Bender v. Smith Barney, Harris Upham & Co., Inc., 901 F.

In Re the Extradition of Aquino

697 F. Supp. 2d 586 · District Court, D. New Jersey · Mar 4, 2010

In liberally construing this section of the Treaty, the Court fails to find qualifying words which would support Aquino’s argument. … Therefore, the Court deems it plausible *600 that Aquino was clearly concerned about making sure that he could not be implicated.

RASKAS v. LATTICE, INC.

District Court, D. New Jersey · Jul 3, 2019

Assessment of Plaintiff’s FLSA claim The Third Circuit has explained that the “‘FLSA establishes federal minimum-wage, maximum-hour, and overtime guarantees that cannot be … As noted above, see supra note 8, to qualify as exempt, an employee must earn at least $455 a week, which amounts to $23,660 a year.

PERRY v. NATIONAL CREDIT UNION ADMINISTRATION

District Court, D. New Jersey · Oct 28, 2019

The FTCA The United States has sovereign immunity except where it consents to be sued. Giovanni v. … The FTCA constitutes a limited waiver of the sovereign immunity of the United States. 28 U.S.C. § 2679(b)(1); White-Squire v.

KLOSS v. HUSSAIN

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

“To demonstrate an abuse of discretion, [an appellant] must show that the District Court's decision was arbitrary, fanciful or clearly unreasonable.” Id. (quoting Moyer v. … The plain words of Section 523(a)(2) require that a qualifying debt, or an extension, renewal, or refinancing of a qualifying credit, must be “obtained by” a false financial statement.

Buchholz v. Victor Printing, Inc.

877 F. Supp. 2d 180 · District Court, D. New Jersey · Jun 29, 2012

Zive, 182 N.J. at 454 , 867 A.2d 1133 ; Swider, 134 F.Supp.2d at 622-23 (Plaintiff only needs to show that he had the “education and experience necessary to qualify for the position he held.”). … If employers have a legitimate, non-discriminatory reason for termination which actually forms the basis for their motivation to terminate, there should be no hesitation to clearly state that reason to the terminated employee