Case law

DaBronzo v. Roche Vitamins, Inc.

232 F. Supp. 2d 306 · District Court, D. New Jersey · Oct 17, 2002

This principle is clearly illustrated by Barratt. In the case at bar, plaintiff is alleging collusion between Perimeter and RVI. … Clearly, the removal of asbestos requires a specialized skill which was not possessed by RVI employees, and thus caused RVI to seek Perimeter’s and plaintiffs services. (Factor 3).

FREEDMAN v. BAYADA HOME HEALTH CARE, INC.

District Court, D. New Jersey · May 7, 2024

With respect to Inspira, the BAYADA Defendants argue that the new allegations about the Inspira budget do not support Relator’s retaliation claim, as “they do not qualify as protected conduct under the FCA because the … In addition, Relator should have known that MUSC was a state actor and thus immune.

SCIABICA

District Court, D. New Jersey · Jun 23, 2026

struggling readers with language disabilities an educational resource that no other teacher[] in the district w[as] qualified or licensed to provide.” Ud.) … Due to the relationship Plaintiff established with L.T. and Turturici, Plaintiff “developed a mentoring relationship with L.T.” and “viewed L.T. as if she were [Plaintiff’s] own daughter or niece[.]” Ud.

STEVENS v. MERCER COUNTY CORRECTIONS CENTER

District Court, D. New Jersey · Aug 18, 2023

Moreover, a state and its entities are not “persons” that may be sued under § 1983 regardless of whether the state has waived immunity. See Garcia v. Richard Stockton Coll. of New Jersey, 210 F. … Taylor, 538 F.3d 229, 236 Gd Cir. 2008) (considering the degree of prison overcrowding that violates the Fourteenth Amendment and finding that pretrial detainees did not have a clearly-established right to avoid triple-celling

FULTON v. United States

District Court, D. New Jersey · Jan 13, 2020

Petitioner thus fails to establish ineffective assistance on either of these bases.” … Petitioner thus fails to establish ineffective assistance on either of these bases.”

CAMPFIELD v. NEW JERSEY TRANSIT

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

To establish a prima facie case, Plaintiff must show “that [he] (1) has a ‘disability,’ (2) is a ‘qualified individual,’ and (3) has suffered an adverse employment action because of that disability.” Freeman v. … If an equitable exception is not warranted when a plaintiff indicates one was requested yet failed to receive a right-to-sue letter, an equitable exception is clearly not warranted here, where Plaintiff never requested

L.A. ex rel. Z.Kh. v. Hoffman

144 F. Supp. 3d 649 · District Court, D. New Jersey · Oct 28, 2015

Indeed, the Court has the- discretion to determine at any time whether Plaintiffs qualify as indigent. See, e.g. Bondarenko v. Hackensack Univ. Med. Ctr., No. CIV. A.07-3753(PGS), 2009 WL 2905373 , at *4 (D.N.J. … This approach however was rejected by the Third Circuit's decision in E.B., which established the current standard applied by New Jersey courts today.

INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

District Court, D. New Jersey · Sep 12, 2025

Moreover, Liberty Mutual’s August 7, 2020 response to ICSP’s demand letter, sent via outside counsel from Cullen and Dykman LLP, clearly informed ICSP of Liberty Mutual’s coverage position–hence, ICSP was fully … ICSP has not established an “at issue” waiver, and its request to compel on this basis is DENIED.® IV.

D'ALESSIO v. COUNTY OF ESSEX

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

If the nonmoving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which . . . … The record does not, however, clearly explicate what Plaintiff’s “primary” duties were.

Franzen v. E. I. Du Pont De Nemours & Co.

51 F. Supp. 578 · District Court, D. New Jersey · Jul 22, 1943

and under cross examination or opportunity of cross examination by the party against whom it was offered at the later trial, the objection to the hearsay rule is overcome, and his testimony, if adequately preserved, is clearly … Well, he said as soon as he got established"1 he would send for her to come down to Louisiana.” This testimony was given in December of 1939.

KARS 4 KIDS INC. v. AMERICA CAN!

District Court, D. New Jersey · Apr 1, 2020

s 2003 cease and desist letter to Kars 4 Kids (the “2003 letter”) (Exhibit 18) clearly evidences America Can!’s knowledge of a violation of trademark law. … “The law requires that courts closely tailor injunctions to the harm that 8 Cook was not qualified as an expert in this area. they address.” Id. (citation omitted).

Bayer AG v. Schein Pharmaceutical, Inc.

129 F. Supp. 2d 705 · District Court, D. New Jersey · Feb 9, 2001

“The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.” 35 U.S.C. § 282 . … Thus, Bayer argues, the foreign applications do not qualify as § 102(d) references as a matter of law.

Baxter Healthcare Corp. v. Mylan Labs. Ltd.

346 F. Supp. 3d 643 · District Court, D. New Jersey · Apr 5, 2016

Medtronic, Inc. , 809 F.3d 599 , 607 (Fed.Cir.2015) (explaining that established convention "counsels against constructions that render some claim language superfluous"); Merck & Co. v. Teva Pharm. … Based upon this spectrum of solutions, Defendants essentially claim that these other ingredients qualify as co-solvents.

KAETZ v. THE UNITED STATES OF AMERICA

District Court, D. New Jersey · Oct 25, 2022

Kaetz's arguments and objections, his plea agreement clearly and unequivocally stated that, in addition to serving 16 months imprisonment, he would serve three years of supervised release, of which “the first six … These grounds include judicial, prosecutorial, and qualified immunity; the unavailability of a Bivens cause of action; failure to state a claim, or insufficient pleading under the standards of Rule 8 and Twombly/Iqbal;

ASHJARI v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Apr 9, 2025

ESTABLISHING ELIGIBILITY FOR DISABILITY INSURANCE BENEFITS A claimant may establish disability under the Social Security Act by proving they are unable to “engage in any substantial gainful activity by reason of any … Behnam clearly draws a connection between his daughter’s mental health and her hospitalization, consistent with his reports closer-in-time to the hospitalization.

Federal Deposit Insurance v. National Union Fire Insurance

146 F. Supp. 2d 541 · District Court, D. New Jersey · May 18, 2001

Clearly, RTC v. … First Bank described, again in dicta, an improper financial benefit as “those cases which may arise where the employee improperly approved the loan to a person or entity he knew was not qualified for such loan” or “where

NEIDER v. COMMISSIONER OF SOCIAL SECURITY

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

As to the burden of proof, Plaintiff bears the burden in the first four steps of the analysis of demonstrating how his impairments, whether individually or in combination, amount to a qualifying disability. Bowen v. … The Newell Court further emphasized: 3 An impairment or combination of impairments can be found “not severe” only if the evidence establishes

WILLIAMS v. NOGAN

District Court, D. New Jersey · Jan 31, 2025

Once either showing is made, the burden shifts to the non-moving party, who must demonstrate facts which support each element for which he bears the burden and establish the existence of genuine issues of material fact. … Defendants also argue that they are entitled to qualified immunity and ask the Court to grant summary judgment in their favor on this basis as to Plaintiff’s claims for compensatory and punitive damages.

Koch Materials Co. v. Shore Slurry Seal, Inc.

208 F.R.D. 109 · District Court, D. New Jersey · May 1, 2002

Hittinger, I’m not sure there is anything in here that you’ve established would be privileged or that there would be an expectation that it be kept confidential. … The log clearly identifies information related to the Koch internal investigation, particularly as concerned Mr. Hull’s contribution, as privileged information. Yet, the three documents at issue were authored by Mr.

International Society for Krishna Consciousness, Inc. v. New Jersey Sports & Exposition Authority

532 F. Supp. 1088 · District Court, D. New Jersey · Sep 22, 1981

seq., and the rules and regulations of the Legalized Games of Chance Control Commission, N.J.A.C. 13:47-1.1, et seq. impose strict regulatory controls and detailed reporting and accounting to assure that only bona fide qualified … Bhaktivedanta Swami, whose preface indicates that the New York temple had been established by 1968. Exh. P. 32, page xii.