Case law

JAMES v. VORNLOCKER, JR.

District Court, D. New Jersey · Aug 31, 2022

To qualify for some of these loans and refinancing opportunities, Plaintiff had to shuffle ownership of the land among various people and corporate entities. … immunity defense. 4.

SCHULTZ, JR. v. MIDLAND CREDIT MANAGEMENT, INC.

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

As such, Plaintiffs’ “belief that [Proposed Class members] would never qualify for [IRS reporting] . . . … But this same individual is clearly eligible for [the IRS Reporting Requirements]. Def. Br. at 11 (emphasis in original).

SEVERINO v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE

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

Legal Analysis Here, Plaintiff clearly filed his motion seeking leave to file a Second Amended Complaint out of time. … Plaintiff does not describe any conduct of the Defendants, "with specificity and with sufficient facts to overcome a likely defense of immunity." Biase v. Kaplan, 852 F.

TIANO v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Aug 19, 2020

Plaintiff testified that IVIG infusions were part of her treatment plan to help with her immune system and muscle weakness. (Tr. 42.) … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Dismuke, 309 F. App’x at 616 (quoting Williams v.

BOND v. WARDEN OF FORT DIX

District Court, D. New Jersey · Aug 12, 2022

. § 780-113(a)(30), should no longer qualify as a serious drug offense sufficient to support application of the Armed Career Criminal Act. (See ECF No, 7.) Il. … A Rehaif error alone, however, does not establish that the petitioner is actually innocent and that his conviction must be overturned, See, e.g., Greer v. United States, --- U.S. ---, ---, 141 8.

Olsen v. Hegarty

180 F. Supp. 2d 552 · District Court, D. New Jersey · Nov 20, 2001

This is clearly not a proposal, but rather a report informing the Board that a decision has already been made. … The record shows that the Trustees themselves were, for the most part, not qualified to manage the investments of a pension fund based on their own backgrounds, experiences, skills and knowledge.

DOKA v. COMMISSIONER OF SOCIAL SECURITY

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

While “an ALJ must clearly set forth the reason for his [or her] decision” and “provide a ‘discussion of the evidence,’” there are no “magic” words the ALJ must use. Diaz v. Comm’r of Soc. … Madrak’s reports stated, plaintiff fails to establish how she was harmed by any errors. V.

HACKENSACK UNIVERSITY MEDICAL CENTER v. BECERRA

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

Clearly, then, resolution of the D.C. Action will not resolve any part of those plaintiffs' claims. Second, the D.C. … Defendant has therefore failed to establish the first-filed rule applies to this matter. IV.

ATTORNEY GENERAL OF THE STATE OF NEW JERSEY v. THE DOW CHEMICAL COMPANY

District Court, D. New Jersey · Apr 23, 2024

The 5 Known as the National Contingency Plan, the NCP was established under CERCLA, 42 U.S.C. § 9601 et seq. … First, this issue is clearly not “necessarily raised” by invocation of the Spill Act, as there are hundreds of Spill Act cases that have been adjudicated in New Jersey state courts, and Defendant has not argued this

PRIESTER v. JOHNSON

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

Ground Two: The Testimony that Crawford Spotted a Person on the Street whom He was Certain was the Gunman did not Qualify as a “Prior Identification” where there was no Evidence Direct or … Accordingly, corroboration of Crawford’s out-of-court identification clearly existed.

TINSLEY v. STATE OF NEW JERSEY DEPARTMENT OF HUMAN SERVICES

District Court, D. New Jersey · Feb 25, 2025

the Court to screen Plaintiff’s Complaint for sua sponte dismissal prior to service, and to dismiss any claim if that claim fails to state a claim upon which relief may be granted and/or to dismiss any defendant who is immune … As relevant here, “Bounds did not create an abstract, freestanding right to a law library or legal assistance” and, therefore, “an inmate cannot establish relevant actual injury simply by establishing that his

GEA MECHANICAL EQUIPMENT U.S., INC. v. FEDERAL INSURANCE COMPANY

District Court, D. New Jersey · Jun 16, 2023

. ¶ 21; ECF No. 57-2, App’x 1.) 4 There is no dispute regarding whether the circumstances of the underlying action qualified as an “occurrence” under the provisions of the relevant policies … Defendants have clearly established they were appreciably prejudiced by GEA Mechanical’s failure to provide timely notice of the Thornton Action to Defendants, as a matter of law.9 Accordingly, GEA Mechanical’s sole cause

CARTER

District Court, D. New Jersey · Oct 31, 2025

Accordingly, the ALJ found that Plaintiff does not qualify for DIB. (Id. at 42.) … Oct. 26, 2022) (finding that the ALJ “clearly satisfied her principal obligation” by giving “‘some indication’ of the evidence she rejects and her reason for doing so.” (quoting Burnett v. Comm’r of Soc.

STEEPLECHASE ARTS & PRODUCTIONS, L.L.C. v. WISDOM PATHS, INC.

District Court, D. New Jersey · Jan 26, 2023

A work is “original” and thus qualifies for copyright protection if it “was independently created by the author (as opposed to copied from other works),” and “it possesses at least some minimal degree of creativity.” … Rather, Spiralverse contends that the “first sale” doctrine shields a reseller from liability where the reseller clearly communicates to consumers any material alterations that the seller has made to the product.

PARROTT v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Apr 21, 2021

An impairment that manifests only some of those criteria, no matter how severely, does not qualify.’” Jones, 364 F.3d at 504 (quoting Sullivan v. Zebley, 493 U.S. 521, 530 (1990)) (emphasis in original). … Mar. 16, 2020) (“Considering the ALJ relied on medical evidence that neither discusses the plaintiff’s physical limitations nor clearly contradicts the opinion of the plaintiff’s treating physician, we must conclude that

GRESKO v. PEMBERTON TWP. BD. OF EDUCATION

District Court, D. New Jersey · Oct 13, 2020

In assessing a fee petition, the Court must first assess whether Plaintiffs qualify as “prevailing parties.” … “The prevailing party bears the burden of establishing by way of satisfactory evidence, in addition to [the] attorney's own affidavits ... that the requested hourly rates meet

PAPATAROS v. AMAZON.COM, INC.

District Court, D. New Jersey · Aug 26, 2019

§ 2A:58C-1, and whether it is immune from liability under Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1). … I note that if Papataros meant to assert other theories, the complaint might have identified them more clearly.

LIU v. United States

District Court, D. New Jersey · Aug 23, 2021

Lyons, 992 F.2d 1029, 1032-33 (10th Cir. 1993) (finding that while purely intellectual property may not qualify as a “good” under the statute, such intellectual property – such as software – will amount to a “good” warranting … Whether considered individually or cumulatively, Petitioner has utterly failed to establish ineffective assistance of counsel in this matter. D.

GREEN v. MNUCHIN

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

Id. at 1413–14.6 In order to prevail at the summary judgment stage, the affirmative defense must be established “so clearly that no rational jury could find to the contrary.” Stanziale v. … To establish a prima facie case for a discrimination/disparate treatment claim, the plaintiff must establish: “he/she (1) is a member of a protected class; (2) was qualified for the position; (3) suffered an adverse employment

CROCKER

District Court, D. New Jersey · Jun 23, 2026

Regardless, the record clearly reflects Dr. … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id.; see SSR 83–19, Dep’t of Health & Human Servs.