Case law

Otsuka Pharmaceutical Co. v. Apotex Corp.

143 F. Supp. 3d 188 · District Court, D. New Jersey · Aug 11, 2015

Moreover, even if Apotex ultimately overcomes Noerr-Pennington immunity, Apotex ■must still establish a substantive antitrust violation in order to succeed on its Counterclaim. See Organon Inc. v. … It is well established that “antitrust discovery can be [exceedingly] expensive.” Twombly, 550 U.S. at 558 , 127 S.Ct. 1955 .

COELLO v. DILEO

District Court, D. New Jersey · Sep 21, 2023

Scutari is not entitled to qualified immunity, however, because the FAC adequately alleges that Scutari’s conduct violated Plaintiff’s constitutional rights, which were clearly established at the time when the alleged injuries … The Third Circuit has made clear that “qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.”

May v. Cooperman

578 F. Supp. 1308 · District Court, D. New Jersey · Jan 25, 1984

In this case, the defendant-intervenors were clearly the party in interest. … When he stepped outside of his judicial function by intervening in the case he lost his immunity. 7 . Defendant-intervenors claim they "preserved” their immunities on filing suit.

Scully v. Borough of Hawthorne

58 F. Supp. 2d 435 · District Court, D. New Jersey · Jun 28, 1999

Qualified Immunity For Chief Noble Chief Noble argues he is entitled to qualified immunity’ from the Section 1983 claims raised by Scully. See Individual Defendants Moving Brief at 33-36. … Only after the alleged constitutional violation has been established should the question of qualified immunity be addressed. See Assaf, 178 F.3d at 173 .

NALLS CASTILLO v. VISO

District Court, D. New Jersey · Jul 31, 2024

Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.

MILLS v. GOLDEN NUGGET ATLANTIC CITY, LLC

District Court, D. New Jersey · Jun 24, 2020

Nonetheless, a right can be clearly established without “a case directly on point.” Id. … Defendants are not entitled to qualified immunity.

ROUNDTREE

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

Qualified Immunity Qualified immunity shields government officials from liability unless (1) the facts, taken in the light most favorable to the plaintiff, make out … standard to the jury’s findings to resolve qualified immunity as a matter of law.

WAGNER v. CITY OF NEWARK

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

“The doctrine of qualified immunity shields government officials who perform discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … right clearly established at the time of the alleged violation.

STILE v. HOLLINGSWORTH

District Court, D. New Jersey · Jun 4, 2020

right, and that the right was ‘clearly established at the time of the challenged conduct.’” … Defendants submit they are entitled to qualified immunity. (Id.)

PARISI v. WIGGINS

District Court, D. New Jersey · May 31, 2024

The DOH Defendants’ Arguments for Qualified Immunity The DOH Defendants also argue that they are entitled to qualified immunity because the constitutional right at issue was not clearly established. … The doctrine of qualified immunity shields officials from civil liability so long as their conduct “‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Camden County Recovery Coalition v. Camden City Board of Education for the Public School System

262 F. Supp. 2d 446 · District Court, D. New Jersey · May 16, 2003

The burden of proving that Eleventh Amendment immunity applies is put on the party attempting to assert such immunity. Christy v. Pennsylvania Turnpike Comm’n., 54 F.3d 1140 , 1144 (3d Cir. 1995). … P. 12(b)(6), had the Defendants not qualified for Eleventh Amendment immunity.

United States v. RJ Reynolds Tobacco Company

325 F. Supp. 656 · District Court, D. New Jersey · Apr 7, 1971

Bi-State Development Agency, 303 F.Supp. 560, 561 (E.D.Mo.1969), where the court reiterated the well-established principle that “the Commission’s approval of an application under 49 U.S.C. § 5 relieves the acquiring carrier … While the technicalities of intrastate bus transportation would be amenable to the informed judgment of the Commission, the nature and complexities of marine transportation of freight in foreign commerce would clearly be

Blass v. Weigel

85 F. Supp. 775 · District Court, D. New Jersey · Jun 29, 1949

to practice naturopathy and establishing the policy that naturopathy is coextensive in scope with allopathy when the defendants know or should know that naturopathy is unrelated to, unlike, distinct from and antagonistic … No person is immune from prosecution in good faith for his alleged criminal acts.

DORSEY v. BURNS

District Court, D. New Jersey · Aug 28, 2024

Qualified Immunity The Individual Defendants alternatively argue they are entitled to qualified immunity on Plaintiff’s Bivens claims. (Id. at 23-33.) … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

WINFIELD SCOTT TOWER URBAN RENEWAL LP v. LUCIANI

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

Qualified immunity shields public officials from civil damages liability as long “as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Importantly, “qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.” Thomas v. Indep. Twp., 463 F.3d 285, 291 (3d Cir. 2006) (quoting Leveto v.

Hudson County Building & Construction Trades Council v. City of Jersey City

960 F. Supp. 823 · District Court, D. New Jersey · Oct 17, 1996

such privileges and immunities. … The right to pursue a common calling is clearly fundamental for purposes of protection by the Privileges and Immunities Clause. Camden, 465 U.S. at 219 , 104 S.Ct. at 1028 .

JENTIS v. STATE OF NEW JERSEY

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

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … right was ‘clearly established’ at the time of the official’s conduct.”

El Ameen Bey v. Stumpf

825 F. Supp. 2d 537 · District Court, D. New Jersey · Oct 17, 2011

However, Plaintiffs cannot litigate each other’s claims jus tertii: each Plaintiff must establish her oum standing to prosecute her mm claims. … Such claims of "diplomatic immunity” are without merit.

BARRY v. KOSKINEN

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

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.

Rickenbach v. Wells Fargo Bank, N.A.

635 F. Supp. 2d 389 · District Court, D. New Jersey · Jun 22, 2009

established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty … Defendants have not presented argument as to whether the payoff statement violated a "clearly established legal right” of the McTagues and the Court will not, sua sponte, take up this issue now. 10 .