Case law

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)

Hart v. Electronic Arts, Inc.

740 F. Supp. 2d 658 · District Court, D. New Jersey · Sep 22, 2010

An exception is made, however, for a “document integral to or explicitly relied upon in the *663 complaint,” and it has been long established that “a court may consider an undisputedly authentic document that a defendant … Tronetti, 961 F.2d 1083, 1089 (3d Cir.1992) (“[DJefects in [a] complaint clearly [can] not be remedied by [an] affidavit.”).

South Camden Citizens in Action v. New Jersey Department of Environmental Protection

145 F. Supp. 2d 446 · District Court, D. New Jersey · Apr 19, 2001

Section 602 of Title VI clearly authorizes federal agencies, such as the EPA, to promulgate regulations implementing Section 601. See 42 U.S.C. § 2000d-l. … Such an artificial and arbitrary distinction is clearly inapplicable to an assessment of adverse impact under Title VI.

Liberty International Underwriters Canada v. Scottsdale Insurance

955 F. Supp. 2d 317 · District Court, D. New Jersey · Jun 28, 2013

Apr. 10, 2007) (internal citations omitted). “ ‘Under Rule 12(c), judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment … LIU likewise asserts that, even if its rights were subrogated, the present situation nonetheless qualifies for an exemption from the general rule of equitable subrogation.

United States v. Bryant

885 F. Supp. 2d 749 · District Court, D. New Jersey · Aug 10, 2012

On that issue, Sale-ma’s testimony clearly did not reveal that Bryant and Wisler had agreed to a quid pro quo arrangement. {See Tr. V.ll, p. 162.) … Salema testified at trial under a Court Order of compulsion and grant of immunity.

SANTIGUEZ v. DECKER

District Court, D. New Jersey · Sep 17, 2020

portions of the day as part of Hudson County’s COVID-19 response is exacerbating these conditions as he only has contact with others for four hours a day, and that Petitioner’s PTSD and MDD “may” be weakening Petitioner’s immune … Petitioner’s medical records clearly indicate that he was provided treatment and medication each time he complained of health issues, and that he was even referred for a mental health evaluation that he decided to decline

ACEVEDO v. UNITED STATES OF AMERICA

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

“Because the Federal Tort Claims Act constitutes a waiver of sovereign immunity, the Act’s established procedures have been strictly construed.” Livera v. … United States, 613 F.3d 37, 42 (1st Cir. 2010) (noting that it is well-established that “one bite at the apple is all that the FTCA’s claim-filing scheme allows”).

INGRAM v. COUNTY OF CAMDEN

District Court, D. New Jersey · Aug 26, 2022

There are, however, two important qualifiers to this provision. An attorney must give the client written notice of the request. … The requested contingency fee is clearly reasonable given the magnitude of this litigation. A reasonable fee must be determined in light of all the circumstances. See King v. County of Gloucester, 483 F.

WOLF v. PROGRESSIVE PAIN MANAGEMENT, LLC

District Court, D. New Jersey · Sep 27, 2024

First, Plaintiff clearly admits that she “was [on] unpaid leave from December 21, 2020 through April 5, 2021.” (CSMF ¶ 22.) … The Court begins by determining whether Plaintiff has established a prima facie case of retaliation.

AYRES v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Jun 27, 2022

The Five-Step Process and this Court’s Standard of Review To qualify for Title II DIB benefits and for SSI disability, a claimant must meet the insured status requirements of 42 U.S.C. § 423. … “had ongoing rheumatologic issues and psoriatic arthritis[,] … [o]ther auto-immune disorders and hypothyroidism had been effectively treated.” (AR. 22.)

Local 478 Trucking & Allied Industries Pension Fund v. Jayne

778 F. Supp. 1289 · District Court, D. New Jersey · Nov 27, 1991

Jayne Aff., II4. 4 Between 1957 and October 1988, Jayne’s Motor Freight maintained the Plan which provides retirement income to qualified employees. … ERISA clearly requires section 1405 issues to be arbitrated.

GUMBA v. LEAFFILTER NORTH OF NEW JERSEY

District Court, D. New Jersey · Feb 1, 2024

The advertisement did not qualify the discount as applying only to specific materials. (Id. ¶ 18.) … See Spade, 181 A.3d at 978; Bosland, 933 A.2d at 949 (“[A] consumer contract that violates a clearly established legal right under the CFA regulations is also a violation of the TCCWNA.”).

M. Eagles Tool Warehouse, Inc. v. Fisher Tooling Co.

205 F. Supp. 2d 306 · District Court, D. New Jersey · Jun 3, 2002

The line is clearly drawn at conduct that is fraudulent, dishonest, or illegal and thereby interferes with a competitor’s economic advantage. La-morte, 770 A.2d at 1170-71 . … Minimum contacts can be established by either general jurisdiction or specific jurisdiction.

GOVERNMENT EMPLOYEES INSURANCE CO. v. POMERANTZ

District Court, D. New Jersey · Apr 11, 2022

However, it is the party claiming undue burden that must establish same. Nye v. Ingersoll Rand Company, Civ. No. 08–3481(DRD), 2011 U.S. Dist. LEXIS 7383, at *6, 2011 WL 253957 (D.N.J. … The Stelton Defendants have failed to provide any support for their position that the bank records qualify for AEO protection under the DCO.

NEW JERSEY LANDSCAPE CONTRACTORS ASSOCIATION v. MAYOR OF THE TOWNSHIP OF MAPLEWOOD AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MAPLEWOOD

District Court, D. New Jersey · Apr 26, 2022

“Under the catalyst theory, . . . a litigant will qualify as a ‘prevailing party’ entitled to an award of attorney’s fees under a fee-shifting statute if the lawsuit ‘achieves the desired result because [it] brought about … “[T]he chronological sequence of events [is] an important, although clearly not definitive factor, in determining whether or not defendant[s] can be reasonably inferred to have guided [their] actions in response to plaintiff

Ehling v. Monmouth-Ocean Hospital Service Corp.

961 F. Supp. 2d 659 · District Court, D. New Jersey · Aug 20, 2013

Under the FMLA, Defendants clearly had a right to request FMLA certifications and re-certifications from Plaintiff, and to reject the insufficient certifications that she submitted. … To establish a prima facie retaliation claim, a plaintiff must point to evidence in the record showing that “(1) she invoked her right to FMLA-qualifying leave, (2) she suffered an adverse employment decision, and (3) the

RISIS v. BIASE

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

Risis pretty clearly[,] and he understood and agreed, that he had to submit more evidence. The November 1st deadline came and went. He did not submit more evidence . . . … In it, Risis contends no defendant is immune from criminal liability where the complained-of conduct exceeds the scope of their official duties or is otherwise unlawful or unconstitutional.

SAQA v. FACTORY MUTUAL INSURANCE COMPANY

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

Plaintiff explained that “God created [him] with a naturally robust immune system, and [he would] not alter His design.” (Id.) … A plaintiff seeking to establish a prima facie case of discrimination under a disparate treatment theory must show “(1) that she is a member of a protected class; (2) she was qualified for the position she sought to attain

SHULMAN

District Court, D. New Jersey · Dec 29, 2025

“In addition to establishing a heightened pleading standard, the PSLRA provides a so- called ‘safe harbor’ that immunizes certain ‘forward-looking’ statements from § 10(b) liability.” OFI Asset Mgmt. v. … The Misstatement About Goodwill Was Not Mere Opinion Defendants claim that the goodwill misstatement was an “opinion statement” and thus immune from liability. (Defs.’ Moving Br. at 20.)

MCGEE v. JOHNSON

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

Therefore, Petitioner has not established that the state court’s denial of this claim was not an unreasonable application of clearly established federal law. … Petitioner has not demonstrated how the state court’s ruling was an unreasonable application of clearly established federal law.