Case law

TINSLEY v. MAIN

District Court, D. New Jersey · Oct 31, 2019

A prisoner’s ability to file grievances and 13 Once a prisoner establishes a prima facie case of retaliation, the burden then shifts to the defendant to establish that he would have made the same decision absent the protected … immunity in their motion for summary judgment. 13 summary judgment to this Defendant on Plaintiffs First Amendment retaliation claim in connection with Plaintiffs filing of grievances

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

MILLS v. THE LAW OFFICES OF MITCHELL D. BLUHM AND ASSOCIATES

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

The Court accepts as true at the motion to dismiss stage that Mills is a consumer and MBA Law qualifies as a debt collector under the FDCPA.5 The Court need not weigh in on whether furnishing information to a consumer … reporting agency can amount to an attempt to collect a debt (the third element under Douglass) because the Plaintiff clearly fails to plead non-conclusory facts that could plausibly establish that MBA Law violated a provision

GOVERNMENT EMPLOYEES INSURANCE COMPANY, INC. v. ELKHOLY, M.D.

District Court, D. New Jersey · Jun 30, 2022

See id Further, arbitration is clearly not a court of competent jurisdiction. … Here, the Geico Entities’ Complaint alleges in detail numerous claims for PIP benefits by Defendants that qualify as IFPA violations.’

CALLAN v. OCEAN COUNTY DEPARTMENT OF CORRECTIONS

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

OCDOC is an arm of the state of New Jersey and thus, entitled to Eleventh Amendment immunity. Grabow v. S. State Corr. Facility, 726 F. … “[M]ental illness qualifies as a disability under the statute.” Disability Rts. New Jersey, Inc. v. Comm’r, New Jersey Dep’t of Hum. Servs., 796 F.3d 293, 301 (3d Cir. 2015).

WHEELERWEAVER v. C.O. TARGGART

District Court, D. New Jersey · Jul 11, 2024

In certain circumstances, a private entity qualifies as a “state actor” for purposes of § 1983, see Kach v. … In addition, after- the-fact review of a grievance is insufficient to demonstrate the actual knowledge necessary to establish personal involvement.5 See Rode v.

Rainbow Navigation, Inc. v. United States

742 F. Supp. 171 · District Court, D. New Jersey · Jul 13, 1990

First, plaintiff must establish liability on the part of the United States government, and second, if liability is established, plaintiff must prove the damages, if any, that were proximately caused by the strike and that … The record clearly establishes that Rainbow’s decision was based on custom in the maritime industry, the unpredictable nature of strikes, and information received from their agent in Iceland.

HOLMES-MERGUCZ v. CELLCO PARTNERSHIP

District Court, D. New Jersey · Jul 27, 2021

“To establish a prima facie case of discrimination under the ADA and NJLAD, a plaintiff must show: (1) he is a disabled person within the meaning of the ADA [or NJLAD]; (2) he is otherwise qualified to perform the essential … Clearly, this timing does not raise an inference of causation. See LeBoon v. Lancaster Jewish Cmty. Ctr.

GUEVARA v. ELIZABETH PUBLIC SCHOOLS

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

Judgment may only be granted if “the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Id. … right of action for persons injured by a conspiracy formed “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

SUNTUITY SOLAR, LLC v. ROSEBURG

District Court, D. New Jersey · Jun 30, 2022

, but instead eliminated reliance as an element of securities fraud entirely in favor of a system in which privity establishes causation. … The Legislature balanced the plaintiffs advantage of not having to show reliance with the defendant’s advantage of being immune from liability to anyone out of privity. Kaufman v.

Child Evangelism Fellowship of New Jersey, Inc. v. Stafford Township School District

233 F. Supp. 2d 647 · District Court, D. New Jersey · Dec 10, 2002

Such a vague regulation may encourage individuals to “steer far wider of the unlawful zone ... than if the boundaries of the forbidden areas were clearly marked.” Baggett v. … Thus, the superintendent has “virtually unlimited discretion in deciding which groups qualify and which do not.” Id.

Stith v. Prudential Insurance Co. of America

356 F. Supp. 2d 431 · District Court, D. New Jersey · Feb 14, 2005

The ERISA plan was established and maintained by Stroock & Stroock & Lavan, LLP (“Stroock”), for the purpose of providing disability benefits to its employees. … Stith underwent clearly demonstrated that she suffers from interstitial cystitis.

THE HANSEN FOUNDATION, INC. v. CITY OF ATLANTIC CITY

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

Clearly, Subsection (d) is inapplicable, as the zoning issues began prior to Plaintiffs’ opposition to same. … Clearly, Plaintiffs were satisfied to be in state court, where they filed Hansen I initially and where both their federal and state claims could be heard.

DUCAN v. COMMISSIONER OF SOCIAL SECURITY

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

Instead, Plaintiff offers his interpretation of the evidence as if it were established fact. … The Court has reviewed the ALJ’s analysis and finds that it explains the decision clearly and that it is supported by substantial evidence.

WILLIAMS v. LENAPE BOARD OF EDUCATION

District Court, D. New Jersey · May 4, 2020

In order to make out his prima facie case, Plaintiff must establish that: (1) he is a member of a protected class; (2) he suffered an adverse action by Defendants relating to his education; (3) despite being otherwise qualified … This is a demanding standard, meaning that even clearly objectionable behavior does not always make the cut. See Whitfield, 413 F.

RINDOS v. PARTNERS GROUP (USA), INC.

District Court, D. New Jersey · Aug 29, 2023

NYSHRL, or NYCHRL; (3) he is otherwise qualified to perform his job; and (4) he suffered an adverse employment decision because of his disability.” Brown v. … The Court sees no reason to use the expiration of Plaintiff's FMLA leave on March 24, 2022, as the starting point especially when Plaintiff's FAC clearly establishes that Defendant was informed of Plaintiff's disability

NAPOLI v. FIRST CHOICE LOAN SERVICES, INC.

District Court, D. New Jersey · Jan 3, 2020

offices, or operation centers in New Jersey; (3) has no office or mailing address in New Jersey; (4) does not pay New Jersey income, property, or franchise taxes; (5) has never been registered, licensed, or otherwise qualified … Circuit, “[a]Jithough the plaintiff bears the burden of demonstrating facts that support personal jurisdiction, courts are to assist the plaintiff by allowing jurisdictional discovery unless the plaintiff's claim is ‘clearly

ALTICE USA, INC. v. NEW JERSEY BOARD OF PUBLIC UTILITIES

District Court, D. New Jersey · Mar 23, 2021

A court may only grant a motion for judgment on the pleadings if the moving party “clearly establishes that no material issue of fact remains to be resolved and that [the movant] is entitled to judgment as a matter of … [T]he overarching purposes of the Cable Act [is] to “establish a national policy concerning cable communications” and to “establish guidelines for the exercise of Federal, State, and local authority with respect to the

In Re Lucent Technologies, Inc., Securities Lit.

327 F. Supp. 2d 426 · District Court, D. New Jersey · Jul 19, 2004

The Court has no difficulty concluding that the attorneys for the ERISA Class are highly qualified professionals who well represented their clients. … The Court has no difficulty concluding that the attorneys here are highly qualified professionals who well represented their clients.