Case law

New Jersey Ass'n of Health Care Facilities, Inc. v. Gibbs

838 F. Supp. 881 · District Court, D. New Jersey · Mar 4, 1993

These shortfalls allegedly have occurred despite the facility’s efforts to keep wages, salaries, and benefits to the bare minimum that will attract qualified nursing staff while, at the same time, satisfying the two unions … Clearly, the State cannot be held responsible for losses occasioned by the facility’s poor business judgments.

INDUSTRIENS PENSIONSFORSIKRING v. BECTON, DICKINSON AND COMPANY

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

The Commissioner believes that the manufacturer is the person best qualified to make this determination.”). … Plaintiff need not establish that “all” prior modifications needed 510(k) clearance to establish falsity. In re Majesco Sec. Litig., 2006 WL 2846281, at *6 (D.N.J.

LANGAN v. STARBUCKS CORPORATION

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

Moreover, any “continuing violations” since Plaintiff’s termination-—~illustrated by the sole act of Defendant’s NJDOL appeal—clearly do not oecur with frequency or establish a degree of permanence. … To state a claim under § 1981, a plaintiff must allege that 1) she was qualified for her employment position, 2) she suffered from an adverse employment action, 3) under circumstances that would give rise to an

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

District Court, D. New Jersey · Dec 11, 2019

Accordingly, the state courts’ adjudication of this claim was not contrary to, or an unreasonable application of, clearly established federal law. … Here, the state court’s adjudication of this claim was not contrary to, or an unreasonable application of clearly established federal law.

EPITOPIX, LLC v. ZOETIS INC.

District Court, D. New Jersey · Jan 23, 2025

The caveat is that any special definition given to a word must be clearly defined in the specification. … But this example explicitly states that “to enhance the immune stimulating capability of an immunizing composition made with intact bacterial cells to elicit an anti-SRP immune response, 5 ‘“To select from among others

LEBLANC v. JEFFERSON CHERRY HILL HOSPITAL

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

First, the “protected activity” anticipated by the first prong is the invocation of one’s right to FMLA-qualifying leave. See Lichtenstein v. Univ. of Pittsburgh Med. Ctr., 691 F.3d 294, 301-02 (3d Cir. 2012). … This is quite clearly inadequate.

BORNSTEIN v. MCMASTER-CARR SUPPLY COMPANY

District Court, D. New Jersey · Sep 20, 2024

Plaintiff claims that he was entitled to some of the money in the fund under a Qualified Domestic Relations Order. See id. at 5. … Second, Defendant argues that the Complaint fails to establish ERISA standing and subject matter jurisdiction. Id. at 6-7.

In Re Congoleum Corp.

414 B.R. 44 · District Court, D. New Jersey · Oct 2, 2009

Legal conclusions of a bankruptcy court are reviewed by the district court de novo, while factual findings may be set aside only if they are clearly erroneous. … The Insurers have failed to establish that certification is appropriate.

Zenith Laboratories, Inc. v. Eli Lilly and Co.

460 F. Supp. 812 · District Court, D. New Jersey · Jul 7, 1978

Zenith’s independent accountants qualified their audit report on Zenith’s financial statements for 1976, stating that [b]ecause of the significant loss reported in 1976 and its effect on working capital and net worth at December … The terms of the bond may be established by agreement of the parties. If the parties cannot agree, the terms will be determined after hearing.

Matter of Quality Spice Corp.

107 B.R. 843 · District Court, D. New Jersey · Nov 27, 1989

The Third Party Complaint also sought to require that each purchaser or seller move in the Bankruptcy Court to establish (or to re-establish) that party’s claim to specified lots of pepper. … The court added: Nor are we persuaded on our record that appellees’ claims of substantial consummation are clearly established.

MILANO

District Court, D. New Jersey · Oct 27, 2025

Rsch. at 1; Badoer, Costello & James, I Can See Clearly Now, 136 J. Fin. Econ. at 474. … And what a plaintiff must do to establish standing varies depending on the stage of the case. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992).

LABELLE v. FUTURE FINTECH GROUP INC.

District Court, D. New Jersey · Sep 24, 2024

However, Pierce contends Present has not established he is an adequate representative. (See ECF No. 9). … Second, he is an adequate representative because he has the ability and incentive to represent the claims of the class and has retained qualified counsel.

R.J. Longo Construction Co. v. Transit America, Inc.

921 F. Supp. 1295 · District Court, D. New Jersey · Apr 10, 1996

It’s very clearly to meet AAR requirements. Pogue Dep. at 123:22-124:5. … Promissory Estoppel 11 Promissory Estoppel obviates plaintiffs need to establish the formal elements of a contract.

KWANZAA v. TELL

District Court, D. New Jersey · Jun 14, 2024

As the video evidence clearly demonstrates, see Scott v. … immunity.

Evanston Ins. Co., Inc. v. Merin

598 F. Supp. 1290 · District Court, D. New Jersey · Nov 19, 1984

A common fund is an accepted and established means of affording such protection. … Given that the Act survives the heightened due process scrutiny applicable to tax statutes, it is clearly constitutionally sound on this ground. b.

Wenzel v. United States

291 F. Supp. 978 · District Court, D. New Jersey · Oct 31, 1968

The position of the wreckage of the aircraft and the precrash flight paths of the aircraft as disclosed by testimony of witnesses on the ground clearly indicate that it had successfully and safely executed its previous misapproaeh … On September 6, 1966 he had received his airline transport pilot’s rating which qualified him to fly as captain of a C-46 aircraft.

Amatuzio v. Gandalf Systems Corp.

994 F. Supp. 253 · District Court, D. New Jersey · Feb 4, 1998

Whatever the exact date of the severance amendment’s adoption, defendants clearly satisfied § 1024(b)(1). … "Employee welfare benefit plan" -is defined as any plan, fund or program which was heretofore or is hereafter established or maintained by an employer ... to the extent that such plan, fund or program was established or is

SOME v. AMERIHEALTH INSURANCE COMPANY OF NEW JERSEY

District Court, D. New Jersey · Dec 18, 2024

in appropriate clinical contexts in which established technology is not employable; and e. … It is the plaintiff’s burden to demonstrate that they both qualify for the benefits requested and that the administrator’s decision to deny those benefits was arbitrary and capricious. Menes v. Chubb & Son, 101 F.

SMITH v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Aug 13, 2025

Under the Social Security Act, a claimant bears the burden of establishing their disability as defined by the Act. Messner v. Califano, 496 F. Supp. 1007, 1008 (E.D. Pa. 1980). … Further, partial program obligations are “clearly scheduled with discrete beginning and end times,” not “sporadic and unpredictable,” allowing a claimant to maintain a work schedule without creating impermissible

HE v. CHINA ZENIX AUTO INTERNATIONAL LIMITED

District Court, D. New Jersey · Jun 12, 2020

Here, Defendants argue only that the SOX certifications cannot be actionable because they were knowledge-qualified. … This has been established for Lai, but not for Cheung.