Case law

Bambu Sales, Inc. v. Gibson

474 F. Supp. 1297 · District Court, D. New Jersey · Aug 6, 1979

Privileges and immunities were assured to the free citizens in the several States along with the right to travel freely from State to State (paupers, vagabonds and fugitives from justice excepted). … On the separate question of preemption, it found that it did not clearly appear that the Legislature intended to occupy the entire field, despite its regulation, through the Real Estate Commission, N.J.

YOUNG v. THE STATE OF NEW JERSEY

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

Here, the state court’s decision was not an unreasonable application of clearly established federal law. … In the present case, the state court’s decision was not an unreasonable application of clearly established federal law.

CHEY v. LaBRUNO

District Court, D. New Jersey · Jun 17, 2022

Trapp, 77 F.3d 707, 711 (3d Cir. 1996) (“[T]o qualify as exigent, the officers reasonably must believe that someone is in imminent danger.”) … To establish a prima facie case for Monell liability, Chey 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

Kraftco Corporation v. Beatrice Foods Co.

342 F. Supp. 1361 · District Court, D. New Jersey · Aug 3, 1971

Beatrice’s expert witness, although well qualified as an organic chemist, prior to his engagement as an expert witness in this suit, had no practical experience in dry whipping compositions, powdered shortening and their … The prior art and the ordinary skill of the art clearly contemplate the use of corn syrup solids as a sweetener in dry whipping compositions without any “fractionation” of the corn syrup solids to determine the amount of

WAGGETT v. MRS BPO, L.L.C

District Court, D. New Jersey · Aug 11, 2022

Under Rule 12(c), the movant must clearly establish that “no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Rosenau v. … In the instant matter, in Defendant’s letter to Plaintiff, the phrase “satisfy your obligation”, falls in between the poles of clearly permissible and clearly impermissible language in

HENDERSON v. United States

District Court, D. New Jersey · Feb 10, 2020

In other words, “defense counsel’s conjectures to his client about sentencing are irrelevant where the written plea agreement and in- court guilty plea colloquy clearly establish the defendant’s maximum potential exposure … A’ppx 152, 155 (3d Cir. 2018) (holding that section 2C:35-7 under New Jersey Statutory Annotated qualifies as a predicate drug offense that triggers career offender status).

WILLIAMS v. TOWNSHIP OF LAKEWOOD

District Court, D. New Jersey · Dec 15, 2020

The documentary evidence submitted by Defendants does not clearly indicate why Plaintiff was reprimanded. (See id.). … DeSimone also argues that even if Plaintiff had brought her claim for damages under Section 1983, he would be entitled to qualified immunity as a public official.

Tuxedo Beach Club Corp. v. City Federal Savings Bank

749 F. Supp. 635 · District Court, D. New Jersey · Oct 31, 1990

In the instant case, to the extent that City Federal’s agreement with plaintiffs to fully fund the loan is based on their oral understanding, it is clearly an unenforceable side agreement within section 1823(e) and the D’ … Congress provided for strict requirements which must be satisfied in order to enforce agreements against federally-insured banks, it would in fact be contrary to Congressional intent to provide such banks with sweeping immunity

PDX NORTH, INC. v. HAROLD J. WIRTHS

District Court, D. New Jersey · Jul 29, 2019

A qualifying “civil enforcement proceeding” has certain characteristics. … This action to enjoin the collection of New Jersey unemployment compensation contributions would appear to qualify. See Sipe v.

NWAOHIA v. WAL-MART STORES, INC.

District Court, D. New Jersey · Jul 7, 2021

Under that framework, “a plaintiff must first establish a prima facie case of discrimination. … Importantly, even were the Court to concede that Plaintiff has sufficiently established a prima facie case, he nonetheless has failed to sufficiently establish that Defendants should be held

WILLIAMS v. TOWNSHIP OF LAKEWOOD

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

The documentary evidence submitted by Defendants does not clearly indicate why Plaintiff was reprimanded. (See id.). … DeSimone also argues that even if Plaintiff had brought her claim for damages under Section 1983, he would be entitled to qualified immunity as a public official.

KAETZ v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Mar 30, 2023

Clearly, then, both this Court and the U.S. … That requirement is clearly satisfied here.

IBRAHIM v. MEO

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

Pursuant to these statutes, this Court must sua sponte dismiss any claim that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … received was inadequate because he required surgery in June 2019 after he exacerbated his previous injury in a prison fight, both Plaintiff’s own allegations and the documents he attaches to his complaint clearly

United States v. Kungys

571 F. Supp. 1104 · District Court, D. New Jersey · Sep 28, 1983

Their authenticity has been clearly established. In cold, bureaucratic language they describe the killing of the major portion of Lithuania’s Jewish population. … The interpreters appeared to be highly qualified. There is no evidence of any complete misinterpretations.

BENNETT, M.D. v. CITY OF NEWARK

District Court, D. New Jersey · Jan 9, 2024

The photographs clearly show a rusted pair of surgical scissors and toenail clippers. Jd. … Dr, Roberts photographed those instruments, which clearly depict rust. /d. at Ex, E. Plaintiff has failed to make a prima facie case of age discrimination.

DURHAM v. KELLEY

District Court, D. New Jersey · Sep 13, 2024

individual’ with a disability who was denied equal access to the showers at the prison, a qualifying public service.” … In fact, in Tabron, the court held that a “prisoner’s lack of legal experience and the complex discovery rules clearly put him at a disadvantage in countering the defendant’s discovery tactics.”

Kirchgessner v. Wilentz

884 F. Supp. 901 · District Court, D. New Jersey · Apr 28, 1995

rights, privileges, or immunities secured by the Constitution or laws of the United States.’ ” Shaw v. … In light of the foregoing discussion, the Plaintiffs are unable to establish the second requirement for the maintenance of a claim under section 1983.

INTERVET, INC. v. MILEUTIS LTD.

District Court, D. New Jersey · Feb 28, 2023

“Strictly adhering to these procedural time limits, court have frequently rebuffed belated efforts by deponents to change their deposition testimony, particularly when those changes are both tardy and clearly substantive … Constantinides can present the same justifications for his initial responses; namely, that he believed these three individuals were "generally qualified" to be project managers, but were not necessarily qualified or equipped

WOODS v. ROBINSON

District Court, D. New Jersey · Oct 23, 2019

“Petitioner’s claim of innocence is supported by Detective Whitney testimony clearly establishing that both Phillips and Detective Martinez lied. … The Appellate Division’s decision was not contrary to clearly established federal law. Therefore, this claim is denied. 4.

In Re Mercedes-Benz Anti-Trust Litigation

364 F. Supp. 2d 468 · District Court, D. New Jersey · Apr 12, 2005

Under the law of the case doctrine, “[t]he decision of an issue need not be express to establish the law of the case. … This ruling established the law of the case. Id.