Case law

DESTEFANO v. NEW JERSEY SMALL BUSINESS CENTER AT RUTGERS UNIVERSITY

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

Here, Plaintiff has alleged facts sufficient to plausibly establish an employment relationship for CEPA purposes. … Pukowsky, 711 A.2d at 404-05 (finding that plaintiff was “clearly an independent contractor” because the court could not “affirmatively find that any of the above factors . . . indicate an employer/employee relationship

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.

Local 56, United Food & Commercial Workers Union v. Campbell Soup Co.

898 F. Supp. 1118 · District Court, D. New Jersey · Aug 31, 1995

Whereas it had formerly used Provident to administer the plan, the Company established a trust fund to finance the payment of medical benefits. … The Circuit has clearly indicated that such a clause is sufficient as a matter of law and is not ambiguous or subject to alternative interpretations.

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

Insurance Consultants of America, Inc., Employee Pension Plan v. Southeastern Insurance Group

746 F. Supp. 390 · District Court, D. New Jersey · Aug 21, 1990

The closing of the Private Offering occurred on 11 August 1986 (the “Closing Date”) at which time the entire subscription of SIG securities was issued to qualified investors. … Marshall-Silver II clearly points to the size and magnitude of the fraud as being part of the pattern analysis. Id. at 597 .

Robertson v. Bartels

890 F. Supp. 2d 519 · District Court, D. New Jersey · Jun 26, 2012

As demonstrated by the recent redistricting that followed the year 2000 census, the boundaries of these districts are not firmly established. … According to the Court of Appeals, this principle arises out of the Full Faith and Credit Clause of Article IV § 1 of the United States Constitution, under which there “is a clearly *528 established rule that state courts

ROSS-TIGGETT v. REED SMITH, LLP

District Court, D. New Jersey · Apr 30, 2024

Unprofessional conduct is clearly a legitimate basis for an adverse employment action. See, e.g., Kim-Foraker v. Allstate Ins. Co., 834 F. Supp. 2d 267, 281 (E.D. … Div. 1957), and akin to judicial, prosecutorial, and witness immunity, see Loigman, 889 A.2d at 435, the litigation privilege safeguards an attorney from defamation suits, among other tort- related claims, to

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

VISALDEN-DIAZ v. CASAS

District Court, D. New Jersey · Apr 10, 2024

A prisoner seeking to commence a civil action without prepayment of the filing fee must submit an affidavit, including a statement of all assets, establishing that the prisoner is unable to pay the fee. … Banks decides to file an amended complaint, he must clearly designate on the face of the document that it is his ‘Amended Complaint.’

United States v. Schiff

538 F. Supp. 2d 818 · District Court, D. New Jersey · Mar 19, 2008

The Government has, over and over again, insisted that it need not establish the reason for the stock price drop. … He has worked as both an analyst and an investor, and has been qualified to testify as an expert in various prior cases and arbitrations. Mr.

STAR INSURANCE COMPANY v. IRVINGTON BOARD OF EDUCATION

District Court, D. New Jersey · Dec 6, 2019

The NJTCA establishes that public entities and their employees “shall only be liable for their negligence within the limitations of this act and in accordance with the fair and uniform principles established herein.” … Div. 1976) (finding defendants, including township attorneys, to be public employees and thus immune from suit under TCA); Martin v. Rochelle Park Twp., 144 N.J. Super. 216, 221 (App.

LUCIANO v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA - COLLEGE RETIREMENT EQUITIES FUND (TIAA-CREF)

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

She alleges that “ERISA establishes certain minimum requirements for all private-employer-sponsored retirement plans,” including “the right of a surviving spouse to receive an annuity if the Plan Participant dies before … “Before turning to the explicit requirements of Rule 23 in Marcus, [the Third Circuit] addressed two ‘preliminary matters’: first, whether the class was clearly defined, and second, ‘whether the class must be (and, if so

LOVE v. JOHN DOES 1-9

District Court, D. New Jersey · Sep 28, 2020

Humphrey or a qualified immunity affirmative defense. See ECF No. 81 at 10, n. 7. … Even though Plaintiff clearly intended Mr. Hicks to be a Defendant in this action, Mr.

POLYNICE v. NEW JERSEY DEPARTMENT OF CORRECTIONS

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

Plaintiff’s right to a safe place to sleep is clearly established law. … established law.

CURRO v. HD SUPPLY, INC.

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

To establish a case of disability discrimination under the NJLAD, Curro must demonstrate: (1) he was handicapped or disabled within the meaning of the statue; (2) he was qualified to perform the essential functions … At issue was whether medical treatment qualified as a reasonable accommodation under the NJLAD. Id. at 261.

Caldwell v. KFC Corp.

958 F. Supp. 962 · District Court, D. New Jersey · Mar 25, 1997

KFC, a private purveyor of Med and roasted chicken, fails to qualify as a state actor under either the state or the federal standard. See Schmid, 84 N.J. at 562-63 , 423 A.2d at 629-30 ; see also Flagg Bros., Inc. v. … Thus, the Court holds that these claims clearly fall outside the substantive scope of the arbitration clause.

SMALL v. MACFARLAND

District Court, D. New Jersey · Jul 6, 2023

The Court begins by identifying the applicable clearly established federal law. … The relevant clearly established Supreme Court precedent is Simmons v. U.S., 390 U.S. 377 (1968) and its progeny.

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

District Court, D. New Jersey · Aug 19, 2021

Defendant here does not challenge Plaintiffs’ requested hourly rates, and “[t]he fee schedule established by Community Legal Services, Inc. … With that all established, they now “now seek[] a windfall from the City precisely because they wished to play by their own rules despite the well-developed body of case law establishing

In re Lipitor Antitrust Litigation

46 F. Supp. 3d 523 · District Court, D. New Jersey · Sep 12, 2014

The merger qualified as a tax-free reorganization and was accounted for as a pooling of interests. Warner-Lambert Company became a wholly-owned subsidiary of Pfizer Inc. … The flexible pleading benchmark established by Twombly requires such pleading same in these difficult cases.

Pharmacia & Upjohn Co. v. Ranbaxy Pharmaceuticals, Inc.

274 F. Supp. 2d 597 · District Court, D. New Jersey · Jul 15, 2003

It is undisputed that both an unsubstituted hydroxyl (-OH) and a methoxy group (-OCH3) qualify as a “residue of a nucleophilic compound.” (PL Reply Br. at 2-4.) … Remmel, to the effect that under “well-established rules of chemical nomenclature,” the term “substituted” as used in R4 cannot apply to hydroxyl. (Def. Br. at 7.)