Case law

RUIZ RUBIO v. CORREIA

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

The Supreme Court qualified immunity grounds. … The Supreme Court clearly delineated an action for injunctive relief as opposed to one for damages.

KANG v. SIVILLI

District Court, D. New Jersey · Dec 28, 2022

“The burden of persuasion for establishing diversity jurisdiction, of course, remains on the party asserting it.” Hertz Corp. v. … In order to qualify as a citizen of a state under diversity jurisdiction, a “natural person must be both a citizen of the United States and be domiciled within the State.” Id. at 183-84 (quoting Newman-Green, Inc. v.

Integrated Solutions, Inc. v. Service Support Specialties, Inc.

193 B.R. 722 · District Court, D. New Jersey · Mar 11, 1996

Like a limitation on the transfer of patronage margin certificates, New Jersey’s limitation on the assignability of tort causes of action defines and qualifies the scope of a proprietary interest. … No Damages Defendants also argue that summary judgment is appropriate because ISI cannot establish damages, an essential element of its claims.

Bass River Associates v. Mayor of Bass River Township

573 F. Supp. 205 · District Court, D. New Jersey · Sep 16, 1983

Furthermore, the presence of a residential community of over sixty housing units clearly constituted a significant change in the general use of the marina. … Plaintiffs, however, have failed to establish this estoppel claim.

GLAUD

District Court, D. New Jersey · Sep 10, 2026

Rather, “a party may qualify as a fiduciary ‘if it has the authority to grant, deny, or review denied claims.’” Id. (quoting Kyle Railways, Inc., 990 F.2d at 516–18). … It is unclear how authorship of a manual governing neutral physicians establish fiduciary authority in Garmoe and Riggio’s distinct capacities as MAPs.

DILORETO v. MILLER

District Court, D. New Jersey · Apr 19, 2022

At no point has Plaintiff sought in forma pauperis status, nor has he sought to formally establish his indigence. … Indeed, Plaintiff admits in his motion secking Marshals’ service that, based on the money in his inmate account, he does “not qualify to proceed in forma pauperis.” (ECF No. 7 at 2.)

SOTO

District Court, D. New Jersey · Jun 15, 2026

Such proceedings are clearly intended to be considerably shorter than the general removal proceedings to which criminal aliens already in the United States are subject under § 1226(c), and the presumptive basis … Petitioner’s continued mandatory detention without a bond hearing has therefore become sufficiently prolonged as to be arbitrary, and he is entitled to a bond hearing at which the Government bears the burden of establishing

Cellular Telephone Co. v. Zoning Board of Adjustment of Borough of Ho-Ho-Kus

24 F. Supp. 2d 359 · District Court, D. New Jersey · Oct 28, 1998

This court agrees that the Johnson/Butler test, essentially non-expert testimony presented by local residents with possible biases, is not enough to discredit the testimony of qualified experts. … After listening to those calls, the Board noted that they were “clearly audible” with “minimal static.” Resolution at 13.

Delaware Valley Transplant Program v. Coye

722 F. Supp. 1188 · District Court, D. New Jersey · Oct 16, 1989

The equitable accessibility of transplantation and subsequent drug therapy to all medically qualified patients. Pretrial Order at 12. … A state may, however, waive its immunity under the Eleventh Amendment.

Gross v. German Foundation Industrial Initiative

499 F. Supp. 2d 606 · District Court, D. New Jersey · Aug 15, 2007

Further, eight sovereign nations which were immune from suit as well as non-governmental agencies, signed the Joint Statement. … Further, he was not qualified to opine on the legal status of the private bargain between and among 36 private signatories.

Samantha Stone, individually and as parent, natural guardian, and legal representative of her minor children, J.S. and I.S. v. Holmdel Township Board of Education, et al.

District Court, D. New Jersey · Mar 13, 2026

The funding recipient must have “actual knowledge” to be held liable for instances of racial harassment and their response to the discrimination must also be “clearly unreasonable in light of the known circumstances.” … Similarly, under the NJLAD, a plaintiff must establish the following elements: (1) the discriminatory conduct would not have occurred but for the student’s race; (2) a reasonable student of the same age, maturity level,

AstraZeneca LP v. Breath Ltd.

88 F. Supp. 3d 326 · District Court, D. New Jersey · Feb 13, 2015

Thus, the Final Rule clearly covered solutions and suspensions. During the original trial, the Court questioned Dr. … Zhanel utilized a definition of a POSA that injected qualifiers.

Buying for the Home, LLC v. Humble Abode, LLC

459 F. Supp. 2d 310 · District Court, D. New Jersey · Oct 20, 2006

The Court finds that these allegations clearly satisfy the Lanham Act’s “use” requirement. … Specifically, “a district court must make a finding of culpable conduct on the part of the losing party, such as bad faith, fraud, malice, or knowing infringement, before a case qualifies as ‘exceptional.’ ” Id.

HALL v. United States

District Court, D. New Jersey · Apr 24, 2023

DISCUSSION Section 2255 provides in relevant part that: [a] prisoner in custody under sentence of a court established by Act of Congress … As Petitioner correctly points out, Taylor also stands for the proposition that whether a completed Hobbs Act robbery does qualify requires application of the so- called “categorical approach

POE v. DRIVER HISTORY SALES CORP.

District Court, D. New Jersey · Jun 22, 2022

Poe and termination are clearly privileged.” [Id. at 2]. Corporate Defendants similarly objected “on the grounds of attorney-client privilege to any question[s] about Mr. … the New Jersey state privilege is qualified. Leonen v. Johns-Manville, 135 F.R.D. 94, 98 (D.N.J. 1990). Nonetheless, state courts recognize the same policies behind the privilege as federal courts.

HIS ALL HOLINESS, BARTHOLOMEW I, THE ARCHBISHOP OF CONSTANTINOPLE, NEWROME, AND ECUMENICAL PATRIARCH v. PRINCETON UNIVERSITY

District Court, D. New Jersey · Sep 26, 2023

Second, Plaintiffs contend that the Professor does not qualify as their managing agent under Rule 30. Ud. at 8-9.) … On appeal, the Court showed appropriate deference to Judge Arpert’s factual findings and found that this fact determination was not “clearly erroneous.” (ECF No, 122 at 5, 10 (quoting Marks v. Struble, 347 F.

In re Mercedes-Benz Tele Aid Contract Litigation

257 F.R.D. 46 · District Court, D. New Jersey · Apr 24, 2009

Under that standard, Plaintiffs must establish that the proposed class meets all four of the requirements outlined in Rule 23(a) and qualifies under at least one of the three sections of Rule 23(b). … New Jersey is clearly the site of the alleged wrongdoing in this case.

The Treasurer, Inc. v. Philadelphia Nat. Bank

682 F. Supp. 269 · District Court, D. New Jersey · Mar 11, 1988

To qualify for full conversion assistance, CashStream members must sign a MAC agreement on or before April 7,1988. … Other regional networks, such as NYCE or the OWL network can enter the market and establish bases. Plaintiffs statistics ignore the large number of unaffiliated ATMs that are open, territory for competition.

MCTEAR v. NATIONSTAR MORTGAGE LLC

District Court, D. New Jersey · May 30, 2025

The Court may dismiss any claims that are “(1). . . frivolous or malicious; (2) fail[] to state a claim upon which relief may be granted; or (3) seek[] monetary relief from a defendant immune from such relief.” 28 U.S.C … Count One, which seeks quiet title to the foreclosed Property, and Count Four, which brings a claim of unjust enrichment for Defendant’ future proceeds from the Sheriff’s Sale of Plaintiff's Property, are clearly barred

R.K. v. BENDER

District Court, D. New Jersey · Feb 16, 2021

Keles’s academic performance or his prospects for continuing on to a Ph.D., it might have raised them earlier and more clearly. I am not unsympathetic to Mr. … There is no dispute that these were established requirements, not ad hoc or arbitrary commands.