Case law

Beilowitz v. General Motors Corp.

233 F. Supp. 2d 631 · District Court, D. New Jersey · Dec 3, 2002

The NJFPA applies only to a franchise “the performance of which contem *643 plates or requires the franchisee to establish or maintain a place of business within the State of New Jersey.” … The court found that a facility used for regular product demonstrations qualified as a “place of business” under the NJFPA.

Elias v. Ungar's Food Products, Inc.

252 F.R.D. 233 · District Court, D. New Jersey · Jun 30, 2008

This is all that is required to establish ascertainable loss.”). … The descriptions concerning fat and calories were clearly displayed on the package and should have conformed to the product.

LANDAU v. BAROUK

District Court, D. New Jersey · Nov 30, 2023

In a sparse pleading, Plaintiffs list six counts without clearly specifying the cause of action in each; however, their opposition brief clarifies what was intended. … The allegation that the amount in controversy exceeds $75,000 typically suffices “unless it is qualified by others which so detract from it that the court must dismiss sua sponte or on defendants’ motion.”

TWIN CAPITAL PARTNERS, LLC v. WICKSTROM

District Court, D. New Jersey · Sep 30, 2021

Supp. 2d 529 (D.N.J. 2011) (It is well-established that NJCFA claims must meet the heightened pleading requirements of [Rule] 9(b).”). … Wickstrom’s claims against TCP clearly do not meet the Rule 9(b) pleading burden.

Field v. Haddonfield Board of Education

769 F. Supp. 1313 · District Court, D. New Jersey · Jul 24, 1991

Here, Strecker provided treatment which was clearly “segregable,” from, though beneficial to, Daniel’s learning process. … Field demanded that the tutoring be performed before 3:00 p.m., but that the Board could not find qualified teachers during these hours. See Defendant’s Brief, at 13 n. 3. 5 .

RARITAN BAYKEEPER, INC. v. NL INDUSTRIES, INC.

District Court, D. New Jersey · Mar 17, 2022

Not every error and omission qualify for supplementation under the Federal Rules; rather, the expert reports must be incomplete or incorrect in a “material respect.” Jd. … Judge Arpert’s Order aligns with these established rules. For one, it reasoned that Plaintiffs’ past practices belied the purported materiality and timeliness of the supplementation. (Order 8.) Let’s break that down.

BAYLOR v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY

District Court, D. New Jersey · Feb 5, 2020

This statement clearly does not qualify as an unambiguous invocation of his right to remain silent. … The state court’s decision was not an unreasonable application of clearly established federal law.

Formosa Plastics Corporation, U.S.A., et al. v. ACE American Insurance Company

District Court, D. New Jersey · Mar 18, 2026

In opposition, ACE argues Levine is qualified to offer opinions concerning Formosa’s handling of the Waterkeeper Litigation. (ECF No. 154-4 at 2–9.) … While Anderson is presumably qualified to opine on what constitutes a “trace” amount (ECF No. 136-1 at 9 (“Anderson has “worked at the . . . TCEQ . . .

LUNA-DIAZ v. HACKENSACK POLICE DEPARTMENT

District Court, D. New Jersey · Jan 14, 2020

“Therefore, ‘[i]f a proposed amendment is not clearly futile, then denial of leave to amend is improper.’”” Schiano v. MBNA, No. 05-1771 (JLL), 2013 U.S. Dist. LEXIS 81440, at *45 (D.N.J. Feb. 11, 2013). … “The NJCRA is... generally interpreted nearly identically to § 1983 and claims under the NJCRA are generally contemporaneous with and subject to the same defenses and immunities as those brought under § 1983.”

HENDERSON v. LABORATORY CORPORATION OF AMERICA HOLDINGS

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

Element Five: Henderson fails to establish there was a denial of benefits. … Here, the facts clearly demonstrate that Labcorp had already decided to terminate Henderson for reasons unrelated to her FMLA leave request. (SUMF {ff 31-32; Barbatsuly Decl., Exs. P, D.)

Resolution Trust Corp. v. DiDomenico

837 F. Supp. 623 · District Court, D. New Jersey · Oct 29, 1993

Congress can clearly indicate the application of state law standards when it wishes, and in fact did so in establishing the applicable standards for gross negligence under § 1821(k). 5 However, an indication of a “clear and … The first exception for “breach of that person’s duty of loyalty to the association or its members,” N.J.S.A. 17:12B-38.1, supra, is further qualified and limited to provide director liability for “an act or omission which

B.G. ex rel. F.G. v. Cranford Board of Education

702 F. Supp. 1140 · District Court, D. New Jersey · Nov 18, 1988

Because of B.G.’s behavioral progress in Colorado, she would be reticent to change therapists, despite the availability of a qualified therapist in New Jersey. … Volenski, Oliver-Smith, Gold, Waldmann and Isaac all clearly say B.G. needs a residential placement.

CITY OF JERSEY CITY v. JERSEY CITY COMMUNITY HOUSING CORP.

District Court, D. New Jersey · May 4, 2023

None of Jersey City’s arguments are sufficient to clearly demonstrate fraud, collusion, or any other impropriety. … Paragraph 4 of the Sale Order clearly preserved the affordable housing deed restrictions despite the language in Paragraph 2.

MINZTER v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY

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

Provident Life further stated that Plaintiff may qualify for residual disability benefits and that, if the proper information was submitted, it would review that information and pay any benefits due. … The Policy clearly states that “your occupation means the occupation (or occupations, if more than one) in which you are regularly engaged at the time you become disabled.” (Def.’s SOMF, Ex. 1 at *12.)

TUCKER

District Court, D. New Jersey · Sep 3, 2026

A plaintiff must allege “meaningful facts which establish each individual [d]efendant’s liability for the misconduct alleged.” Id. … Nov. 24, 2025) (per curiam) (affirming denial of leave to amend where “the [district] court clearly explained why the original complaint was deficient and it need not have provided more advice” (citing Mala v.

BALDWIN v. OFFICER T. BROWN

District Court, D. New Jersey · Mar 25, 2021

A plaintiff asserting an FTCA claim bears the burden of establishing that he has met these requirements. Livera v. First Nat. … immunity as to Defendant Ibe.

ITALIAN AMERICAN ONE VOICE COALITION v. TOWNSHIP OF WEST ORANGE

District Court, D. New Jersey · Mar 31, 2023

that in Gardner I, and therefore Plaintiff here similarly lacks standing for failure to adequately allege injury. 3 Mayor Parisi is protected from this suit under the doctrine of qualified … immunity, but only to the extent that Plaintiff seeks damages, and not injunctive relief.

FLORIO v. RYOBI TECHNOLOGIES, INC.

District Court, D. New Jersey · Sep 2, 2020

“Plaintiffs must establish by a preponderance of the evidence that an expert is qualified and that the expert’s testimony is admissible.” Diaz v. Johnson Matthey, Inc., 893 F. … Plaintiffs do not meaningfully explain how Moskowitz’s opinions would assist the jury, arguing only that “the testimony and opinions of a mechanical engineering expert in a product liability case clearly meet the Daubert

A.J.R

District Court, D. New Jersey · Jan 5, 2026

Upon his credible fear interview, on November 13, 2023, the asylum officer found Petitioner’s fear credible and transferred his case to immigration court for further proceedings to determine if he qualified for asylum … Here, as in similar cases, “because § 1225(b)(1)(A)(iii)(II) applies only to individuals “who have not been ... paroled,” the plain language of the statute clearly and unambiguously shows that § 1225(b)(1)(A)(iii)

CARRUTH v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Mar 28, 2024

IMPAIRMENTS PRIOR TO ESTABLISHED ONSET DATE Plaintiffs first argument on appeal is that the ALJ failed to properly consider multiple impairments prior to the established disability onset date of April 29, 2020, and … Mar. 4, 2024) (“[B]lecause ALJ[’s] . . . decision clearly explained why she assigned less weight to Dr.