Case law

Gayle v. Johnson

81 F. Supp. 3d 371 · District Court, D. New Jersey · Jan 28, 2015

Gayle’s motion to terminate merely claimed that ICE did not properly document the 1995 conviction charged in his Notice to Appear, which the court denied based on “binding case law” and (3) Sukhu’s challenge can *387 not qualify … In any event, Plaintiffs clearly may seek .class-wide declaratory relief without running afoul of § 1252(f). Alli v. Decker, 650 F.3d at 1016. Gayle, 4 F.Supp.3d at 721 .

FALLAS v. DIGERONIMO

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

Plaintiff submitted two opposition filings with additional details to establish subject-matter jurisdiction. (ECF Nos. 9, 10.) … “[T]o satisfy the well-pleaded complaint rule, ‘[a] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff’s cause of action.’”

AMERICANS FOR PROSPERITY v. GREWAL

District Court, D. New Jersey · Oct 2, 2019

As a result, Plaintiff argues, Defendants cannot establish as required by the “exacting scrutiny” standard the Supreme Court calls for when courts review electioneering statutes such as S150 that there is “a substantial … , while the same otherwise qualifying communication seeking to influence the same bill but occurring from the day after Election Day to December 31 would not.

Evola v. Carbone

365 F. Supp. 2d 592 · District Court, D. New Jersey · Apr 19, 2005

. § 843 (b) qualified as an aggravated felony under the INA.” Kayrouz v. Ashcroft, 115 Fed.Appx. 783, 785 , 2004 WL 2320341 , *1 (6th Cir.2004) aff'g Kayrouz v. … At the very least, however, Evola was clearly removable under the circumstances of his case because his conviction related to a controlled substance.

Schering Corp. v. Schering Aktiengesellschaft

667 F. Supp. 175 · District Court, D. New Jersey · Aug 28, 1987

Defendants’ contention that the sophistication of its customers immunizes defendants’ use of the Schering name in the United States is not persuasive. … First, the court notes that Park-N~ Fly, supra, clearly holds that only the Lanham Act statutory defenses may be asserted against a mark covered by an incontestable registration.

Regency Oldsmobile, Inc. v. General Motors Corp.

723 F. Supp. 250 · District Court, D. New Jersey · Aug 28, 1989

This charge card program, administered by the National Bank of Delaware (NBD), enabled qualified customers to finance the retail selling price of the plan. … CONCLUSION Regency has failed to meet its burden in establishing the viability of its federal and state antitrust claims.

INDUSTRIENS PENSIONSFORSIKRING v. BECTON, DICKINSON AND COMPANY

District Court, D. New Jersey · Sep 15, 2021

The Commissioner believes that the manufacturer is the person best qualified to make this determination.”). … Still, Plaintiff fails to establish that these statements were false or misleading at the time they were made.

Smith v. MERLINE

797 F. Supp. 2d 488 · District Court, D. New Jersey · Jun 21, 2011

, the Division Director of ACJF, Captain Geraldine Cohen, Sergeant Michael Kelly, and Diana Bader (collectively, “Prison Defendants”) 2 , seek summary judgment against Plaintiffs retaliation claim, and on the grounds of qualified … immunity and a lack of personal involvement beyond respondeat superior.

Jones v. Sanko Steamship Co.

148 F. Supp. 3d 374 · District Court, D. New Jersey · Dec 8, 2015

Turnover duty of SK, the “time charterer” Although the overwhelming weight of authority makes plain that “time charterers,” like SK, qualify as a vessel within the meaning of section 905(b), equal authority states that the … Plaintiff could not, however, sue his employer DRS, because the LHWCA obligated DRS to compensate him and provide reimbursement for his medical costs and expenses, but otherwise immunized it from suit.

VAN BRUNT v. WELLS FARGO BANK, N.A.

District Court, D. New Jersey · Dec 31, 2020

The court dismissed the plaintiff’s complaint because the “clearly expressed clauses [in the contract could not] be overridden by the implied covenant of good-faith and fair dealing.” Id. … Even if Defendant’s conduct was outrageous, Plaintiff fails to establish that Wells Fargo intended to inflict emotional distress on Plaintiff by attempting to hide the error from her.

Equal Employment Opportunity Commission v. New Jersey

620 F. Supp. 977 · District Court, D. New Jersey · Oct 7, 1985

The actual prevalence of disease is clearly much higher than the numbers of healthy persons who will experience cardiac difficulty in each age group at the end of the relevant six-year period. … Plaintiff initially posited several difficulties which will face those sworn members who will be mandatorily retired, but the evidence has clearly established that certain of those difficulties are more imagined than real

O'Sullivan v. Metropolitan Life Insurance

114 F. Supp. 2d 303 · District Court, D. New Jersey · Sep 19, 2000

Applying a more highly deferential standard of review, particularly in these cases where “smoking gun” direct evidence of purposeful bias is rare, would allow benefits decisions to be virtually immunized. … Aff. at 54) This document clearly provided MetLife a basis for believing that O’Sullivan’s alleged disability was a pre-existing condition, previously treated in 1996. Dr.

B. J. Van Ingen & Co. v. Burlington County Bridge Commission

83 F. Supp. 778 · District Court, D. New Jersey · Apr 6, 1949

The rule is qualified in other cases where the principle is laid down that, a federal court will not decide questions of state law where an important state policy is involved. … However, there appears to he a deeper and more fundamental issue in this suit which goes to the question of whether any jurisdiction is established in this court.

DWELLING PLACE NETWORK v. MURPHY

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

Thus, “[a]lthough the Court acknowledges the sincerity of Proposed Amici’s concerns, they, nonetheless, do not qualify as ‘special interests’ that would weigh in favor of granting amici status.” … Defendants here—New Jersey state officials—are clearly not lacking in competent legal representation, nor does Americans United argue as such. Accordingly, this factor also weighs against granting amicus status.

LAND OF LAND, INC. v. PAYPAL, INC.

District Court, D. New Jersey · Mar 21, 2023

be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify … However, this provision clearly specifies that it applies only “to the extent permitted by applicable law.” (ECF No. 16 at 6.)

DANIELS v. COMMISSIONER OF SOCIAL SECURITY

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

First, Plaintiff bears the burden at the first four steps of the analysis of demonstrating how his impairments, whether individually or in combination, amount to a qualifying disability. Bowen v. … Plaintiff does not point to any clearly overlooked piece of evidence that would have changed the outcome of his case. For example, Plaintiff argues that Dr.

WESTON v. DUNN WRIGHT PROPERTIES, LLC

District Court, D. New Jersey · Nov 26, 2019

P. 12(b)(6) and/or to dismiss any defendant who is immune from suit.”); and WHEREAS, pro se complaints must be construed liberally, and all reasonable latitude must be afforded the pro … Plaintiff argues that this case involves fraud, abuse of process, and intent to harm, Plaintiff’s allegations as to each of these causes of action is vague and insufficient to establish

Erie Lackawanna Railway Co. v. Lighter Captains Union, Local 996, I. L. A.

338 F. Supp. 955 · District Court, D. New Jersey · May 25, 1972

Our task is thus clearly defined. … [T]he Act does not require efforts clearly at war with reality. See also American Airlines, Inc. v.

Zebrowski v. Wells Fargo Bank, N.A.

657 F. Supp. 2d 511 · District Court, D. New Jersey · Sep 17, 2009

In order to be granted a judgment on the pleadings, the moving party must clearly establish that there are no material issues of fact and that the moving party is entitled to judgment in its favor as a matter of law. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United’ States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Chin v. Chrysler Corp.

182 F.R.D. 448 · District Court, D. New Jersey · Sep 11, 1998

The predominance inquiry “trains on the legal or factual questions that qualify each class member’s case as a genuine controversy ...” Amchem Prods., 521 U.S. 591 , 117 S.Ct. at 2249 . … The application of New Jersey’s choice-of-law rules to the present action, clearly leads to the necessity of applying the law of 50 states if a nationwide class is certified.