Case law

ANDRE v. TRINITY HEALTH CORPORATION

District Court, D. New Jersey · Aug 31, 2021

qualified for her position; (3) suffered an adverse employment action; and (4) the circumstance of the adverse employment action give rise to an inference of unlawful discrimination. … Planters Lifesavers Co., 206 F.3d 271, 281-82 (3d Cir. 2000) (“Although timing and ongoing antagonism have often been the basis for the causal link, our case law clearly has allowed a plaintiff to substantiate a causal

National Group for Communications & Computers Ltd. v. Lucent Technologies International Inc.

331 F. Supp. 2d 290 · District Court, D. New Jersey · Mar 1, 2004

In the centuries since the founding of Islam, Islamic religious-legal scholars qualified to interpret the scriptural sources have produced opinions known as “fíqh.” … Consequently, other Islamic countries have enacted codes to establish sources of law other than, or in addition to, Shari’a.

STEWART v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY

District Court, D. New Jersey · Feb 28, 2023

Federal law is “clearly established” for these purposes if it is clearly expressed in “the holdings, as opposed to the dicta” of the United States Supreme Court. … May 11, 2018) (explaining that the “state court did not violate clearly established law in finding counsel was not deficient under Strickland” where counsel’s “motion would have

RENTAS v. KUHN

District Court, D. New Jersey · Feb 28, 2025

Plaintiff explained to Trovato that the inmate in Cell 411 did not want him to be his cellmate, and Trovato spoke with the inmate, who clearly said that “he did not want [Plaintiff] in the cell with him due to [Plaintiff … District courts may sua sponte dismiss any claim that is frivolous, malicious, fails to state a claim upon which the court may grant relief, or seeks monetary relief from a defendant who is immune from such relief.

DAVIS v. BENIHANA, INC.

District Court, D. New Jersey · Feb 20, 2025

“overridden in the absence of clearly expressed congressional direction.” Id. at 247. … First, the Court finds that Plaintiff’s activity, as alleged, was indeed concerted, and therefore, qualifies as arguably protected under Section 7 of the NLRA.

EXCELSIOR INSURANCE COMPANY v. SELECTIVE INSURANCE COMPANY OF AMERICA

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

Excelsior argues instead that Selective’s “subsequent actions” “clearly evidence” that CCC either forwarded the letter or advised Selective of Carpel’s request for a defense. (Excelsior Moving Br. 8.) … Next, the Carpel-CCC subcontract, which Macy’s points to as the qualifying agreement.

POE

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

The draft agreement is clearly “between” Plaintiff and DHIS. [Ex. 11, at 3 (alteration in original).] … How or why a clearly identified subsidiary— which is allegedly nonexistent—is synonymous with its clearly identified parent company is left unexplained. See [id.]

Schwartz v. Judicial Retirement System

584 F. Supp. 711 · District Court, D. New Jersey · Apr 12, 1984

Defendant’s initial brief largely established the importance of the state’s interest in avoiding the appearance of impropriety in the judiciary. … or abridgement of fundamental rights, legislative convenience or the need for experimentation may provide secondary rationales for limiting the scope of state enactments. 22 The secondary rationale may compete with and qualify

JIAHERB INC. v. MTC INDUSTRIES, INC.

District Court, D. New Jersey · Sep 5, 2025

If the results are within the ranges that the USP establishes—which, for saw palmetto oil, provides specified percentages for ten qualified fatty acids and a ratio of lauric acid to individual fatty acids—the product is … POM Wonderful illustrates a relationship qualifying for standing.

HOTALING & CO., LLC v. BERRY SOLUTIONS INC.

District Court, D. New Jersey · Sep 29, 2022

Here, Hotaling and Sanniti cite two unpublished cases—one from the Central District of California and one from this District—which purportedly support the position that “the Amazon notice and takedown procedures qualify … This early stage of proceedings is the wrong time to eliminate the affirmative defense, when its insufficiency is not “clearly apparent.” Cipollone, 789 F.2d at 188.

United States v. Electrodyne Systems Corp.

28 F. Supp. 2d 213 · District Court, D. New Jersey · Aug 12, 1998

Probation states: “Those questions [and answers] clearly establish a more serious offense — fraud.” Nathan Presentence Investigation Report, ¶ 141; Lander Presentence Investigation Report, ¶ 148. … The answers of Nathan and Lander providing a factual basis for the pleas and the adoption of the plea memorandum by each Individual Defendant clearly establish the knowing and willful commission of fraud.

SUN PHARMACEUTICAL INDUSTRIES LTD. v. LUPIN LIMITED

District Court, D. New Jersey · Mar 8, 2021

district court must first qualify an expert witness to testify. To be qualified, the witness must “possess specialized expertise.” Schneider v. Fried, 320 F.3d 396, 404 (3d Cir. 2003). … Olejnik clearly relies on a particular—albeit unstated—definition of gels/gelation in his Report, and opines rather extensively on prior art on that basis.

B.A. v. GOLOBEK

District Court, D. New Jersey · Nov 8, 2021

By way of background, in 1992 the New Jersey legislature established a statutory civil action for sexual abuse in the CSAA. … The transcript, therefore, very clearly establishes the extent of B.A.’s knowledge as of 2007.

Palmer v. Merluzzi

689 F. Supp. 400 · District Court, D. New Jersey · May 2, 1988

The case law clearly holds that there is no right to participate in extracurricular activities. Dennis v. Holmdel Bd. of Ed., 1977 S.L.D. 388. … He emphasized that “New Jersey case law clearly holds that there is no right to participate in cocurricular activities. Dennis v. Holmdel Bd. of Ed., 1977 S.L.D. 388.

JOHNSON v. United States

District Court, D. New Jersey · Sep 21, 2022

To establish prejudice, the petitioner must establish the reasonable probability of a shorter sentence. United States v. … See e.g., Shedrick, 493 F.3d at 299 (holding the defense counsel's conjectures to his client about sentencing are irrelevant where the written plea agreement and in-court guilty plea colloquy clearly establish the defendant's

DELLAMORTE, LLC v. THE MICHAELS COMPANIES, INC.

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

A feature of a useful article is copyrightable if: (1) the feature can be “perceived as a two- or three- dimensional work of art separate from the useful article” and (2) the feature qualifies “as a protectable pictorial … Here, Plaintiff alleges facts sufficient to establish that Defendant could reasonably access the Vampire Bat Mug.

GIORDANO v. GARLAND

District Court, D. New Jersey · Jul 14, 2021

First, the Service determines whether a petitioner’s prior conviction qualifies as a “specified offense against a minor.” … One such enumerated power is the authority to “establish an uniform Rule of Naturalization.” U.S. Const. Art. I, § 8, cl. 4.

Eli Lilly and Co. v. Roussel Corp.

23 F. Supp. 2d 460 · District Court, D. New Jersey · Jul 7, 1998

Glessner, 952 F.2d at 712 n. 10 (plaintiffs attempt to establish distinctiveness between parent and subsidiary by alleging that “fraudulently marketing [the product] was clearly outside their corporate [and normal] course … Count XII clearly fails to satisfy the distinctiveness requirement. 43 Accordingly, *489 Lilly’s § 1962(c) claim, as alleged in Count XII is dismissed.

TURNER v. JOHNSON

District Court, D. New Jersey · Mar 30, 2022

This exercise is clearly a waste of judicial resources. … The record clearly establishes that search warrants were obtained for both the murder scene and defendant’s residence.

LAWRENCE v. United States

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

Nevertheless, Lawrence is not able to establish actual prejudice or actual innocence sufficient to overcome the procedural default. … Courts looks to “the actual proffer, plea hearing, and other evidence in the record to determine if a qualifying predicate offense was committed.” Collazo, 856 F. App’x. at 383.