Case law

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.

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.

COSGROVE v. VEOLIA ES INDUSTRIAL SERVICES, INC.

District Court, D. New Jersey · Nov 30, 2020

The court must “‘view the facts presented in the pleadings and the inferences to be drawn therefrom in the light most favorable to the nonmoving party,’ and may not grant the motion ‘unless the movant clearly establishes … Plaintiffs allege that the qualifying “financial assistance” was the BPU’s “authoriz[ation] and agree[ment] to grant and allow PSEG certain rate hikes to which PSEG would not otherwise have been allowed.”

SURRAN

District Court, D. New Jersey · Jun 26, 2026

The Disability Determination To qualify for DIB, a claimant must show that he is disabled. 42 U.S.C. § 423. … Colvin, 777 F.3d 607, 615 (3d Cir. 2014) (“[T]he ALJ is only required to submit credibly established limitations.

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

Holiday Inns, Inc. v. Trump

617 F. Supp. 1443 · District Court, D. New Jersey · Sep 23, 1985

To establish common law service mark or trade name infringement, plaintiffs must establish that the service marks or trade names are valid and legally protectable, that they are owned by plaintiffs, and that defendant’s subsequent … These facts qualify both terms as valid service marks of the Partnership. 2. Secondary Meaning 38.

FIORARANCIO v. WELLCARE HEALTH PLANS, INC.

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

First, Section (a)(2) is clearly limited to telemarketing and advertising calls. … the limiting language at the beginning of Section (a)(2), which clearly indicates that the provision only applies to telemarketing or advertising calls.

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.)

BERK v. RITZ CARLTON CONDOMINIUM ASSOCIATION

District Court, D. New Jersey · Jan 22, 2024

Plaintiff has not demonstrated a failure to accommodate under the Fair Housing Act related to her emotional support animal because she never provided notice to the Ritz that her cat qualified … Plaintiffs have not established that the alleged home invasion was foreseeable.

MUTAZZ v. AMAZON.COM SERVICES LLC

District Court, D. New Jersey · Jul 13, 2022

To establish a prima facie case of gender discrimination under Title VII or the NJLAD, a plaintiff must establish that: “(1) she is a member of a protected class; (2) she was qualified for the position in question; ( … Accordingly, “[a]n employee's decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.”

MITSUBISHI TANABE PHARMA CORPORATION v. SANDOZ INC.

District Court, D. New Jersey · Jun 15, 2020

Davies’ expert report clearly identified the earlier invention date. … Additionally, the Davies expert report clearly asserted the earlier invention date by specifically calling attention to the “time of the invention” and the footnote discussing the invention date. Ex.

MCLEOD v. CAMPER

District Court, D. New Jersey · Mar 19, 2024

It is well established that a pro se complaint “however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.” Montgomery v. … ] immunity.

Presbytery of New Jersey of the Orthodox Presbyterian Church v. Florio

902 F. Supp. 492 · District Court, D. New Jersey · Sep 13, 1995

Such impediments range from “legal or physical inability to bring suit,” which qualifies as an obstacle, to “a practical disincentive to sue ... … An employer, for example, who verbally rejects a job applicant because of her gender is not immune from liability under Title VII.

WOODSON v. ATLANTIC CITY BOARD OF EDUCATION

District Court, D. New Jersey · Dec 18, 2020

If a proposed amendment is not clearly futile, then denial of leave to amend is improper.” … Therefore, the email is insufficient to start the limitations clock; and the proposed amendment is not clearly futile. IV.

FEUSS v. ENICA ENGINEERING, PLLC

District Court, D. New Jersey · Sep 22, 2022

Berinato never established the Patent Holding Company. (Id. ¶¶ 29-30.) II. … At the pleading stage, “the plaintiff must clearly . . . allege facts demonstrating each element.” Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016) (quotation marks and citation omitted).

Instructional Systems, Inc. v. Computer Curriculum Corp.

826 F. Supp. 831 · District Court, D. New Jersey · Jun 2, 1993

The Supreme Court has clearly established that the Commerce Clause “precludes the application of a state statute to commerce that takes place wholly outside of the State’s borders, whether or not the commerce has effects … The critical inquiry, whether the practical effect of the regulation is to control conduct beyond the boundaries of the State, is clearly met in this case.

DESIRE v. DREAMWEAR INC.

District Court, D. New Jersey · Feb 10, 2022

P. 5.3(c) (requiring among other things a single consolidated motion clearly explaining the injury that would result if the materials were not sealed). … “To state a claim for discrimination under the NJLAD, a plaintiff must first establish that: (1) she is a member of a protected class; (2) she was qualified for the position in question

Doyle v. Northrop Corp.

455 F. Supp. 1318 · District Court, D. New Jersey · Jun 20, 1978

In a contract case, the party relying upon the allegedly valid contract has the burden of establishing its validity. … Clearly this was not the import of this statute. For obvious reasons I find the plaintiffs’ argument to be patently ridiculous.

Dewey v. Volkswagen of America

728 F. Supp. 2d 546 · District Court, D. New Jersey · Jul 30, 2010

Accordingly, the Court finds that the attorneys are qualified, experienced, and able to conduct the litigation of this class action. … The Risks of Establishing Liability and Damages The fourth and fifth factors require the Court to consider the risk of establishing both liability and damages.

In Re Cendant Corporation Prides Litigation

157 F. Supp. 2d 376 · District Court, D. New Jersey · Aug 24, 2001

She states that she called various Chase officers to determine what records would qualify and eventually determined that the “TN2 754: Security Holders Report” would suffice. See id. at ¶ 10-11. … Collins had allegedly been told that the two claims were in order when she sent in the August 12 fax, because clearly Mr.