Case law

FREEDOM FUNDING GROUP, INC. v. THE FREEDOM FUNDINGGROUP L.L.C.

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

Those acts clearly indicate malice. … Like in Lamorte, the Court finds that Defendants’ actions clearly indicate malice.

MOLESKY v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Apr 27, 2020

An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530, 110 S. Ct. 885, 891, 107 L. … In this case, the evidence fails to establish the presence of the "paragraph C" criteria.

VILLANUEVA v. COMMISSIONER OF SOCIAL SECURITY

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

At Step Three, Judge Damille determined that Francisco did not have “an impairment or combination of impairments” that qualified under the Administration’s listed impairments, Ud. … established.”

E.S. v. MARSH & MCLENNAN COMPANIES, INC. BENEFITS ADMINISTRATION COMMITTEE

District Court, D. New Jersey · Aug 20, 2019

Relatedly, and relevant to E.S.’s first claim, ERISA also establishes standards of conduct for plan fiduciaries. … To be eligible for “class-wide remedies for violations of ERISA” the pleadings must establish there actually are violations.

CONWAY v. CONNECTONE BANK

District Court, D. New Jersey · Dec 29, 2020

At this point, as to the law of “denial of benefits” claims, Plaintiff’s fatal legal error has been established clearly: he has misread Parker, which states the correct standard, and several subsequent controlling Third … leave may be for an FMLA- qualifying reason.

NEW JERSEY BUILDING LABORERS STATEWIDE BENEFIT FUNDS AND THE TRUSTEES THEREOF v. LLANOS MAINTENANCE SERVICE

District Court, D. New Jersey · Aug 28, 2019

that “MJO was created to evade Llanos’s obligations under the 1 The complaint states that the award amount is $2,957,167.56, but the judgment entered by Judge Vazquez, U.S.D.J., on July 16, 2018 confirming the award clearly … To qualify as a new ERISA claim, the complaint must “allege that a third party was either responsible for commission of the original ERISA violation, or that the third party committed a new and distinct ERISA violation

REPUBLIC OF TURKEY v. CICEK

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

to decide any non-dispositive motion designated by the Court.14 This District specifies that magistrate judges may determine all discovery motions.15 Decisions by magistrate judges must ordinarily be upheld unless “clearly … Çiçek has made a “blanket assertion” of immunity, but cannot.76 He must produce documents that are not privileged and “must: … describe the nature of the withheld documents, communications, or tangible things in a manner

NEKRILOV v. CITY OF JERSEY CITY

District Court, D. New Jersey · Mar 24, 2021

The movant bears the burden of establishing “the threshold for the first two ‘most critical’ factors . . . . … Supp. 2d 524, 528 (S.D.N.Y. 1998) (“lack of a profit does not establish a regulatory taking”).

BEASE v. JOHNSON

District Court, D. New Jersey · Oct 8, 2025

(ECF No. 22). 6 Supreme Court’s] clearly established precedent if it correctly identifies the governing legal rule but applies that rule unreasonably … established federal law.”

DIXON v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Sep 30, 2025

Plaintiff argues the administrative record is in fact complete and the substantial evidence clearly establishes Plaintiff is entitled to a period of disability beginning on July 13, 2013. (See generally ECF No. 17.) … 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.

LIVINGSTONE v. HADDON POINT MANAGER, LLC

District Court, D. New Jersey · Feb 25, 2020

P. 12(c), a court will grant judgment on the pleadings if, on the basis of the pleadings, “the moving party clearly establishes there are no material issues of fact, and that he or 1 Plaintiff has filed a “Motion to … , or immunities secured by the Constitution or laws of the United States.

MCGRATH v. BENTON<font color="red">DO NOT DOCKET IN THIS CASE</font>

District Court, D. New Jersey · May 1, 2024

Clearly, Plaintiff admits he was getting treatment for his nerve pain and night tremors, although, at least initially, not the type of medication to his liking. … Aug. 5, 2020) (stating “involvement limited to responding to grievances is insufficient to establish Bivens liability”).

SU v. MARLTON PIKE PRECISION, LLC 401(K) AND PROFIT SHARING PLAN

District Court, D. New Jersey · Feb 8, 2024

The EBSA also contacted PAi to ask whether it would act as a qualified termination administrator of the Plan, but it declined to do so. [Compl. ¶ 20; Decl. ¶ 8.] … Additionally, Sala’s breach of duty and the resulting injury are clearly alleged.

HAYDEN v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · May 8, 2025

At Step Three, Judge Costa determined that Paul did not have an “impairment or combination of impairments” that qualified under the Administration’s listed impairments. … ESTABLISHING ELIGIBILITY FOR DISABILITY INSURANCE BENEFITS AND SUPPLEMENTAL SECURITY INCOME A claimant may establish disability under the Social Security Act by proving they are unable to “engage in any

CROWLEY v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · May 8, 2025

ESTABLISHING ELIGIBILITY FOR DISABILITY INSURANCE BENEFITS A claimant may establish disability under the Social Security Act by proving that they are unable to “engage in any substantial gainful activity by reason … Clearly, Judge Lee’s analysis of Nicole’s urinary condition is a far cry from Williams’ “lack of requisite reasoning.” 2019 WL 4574502, at *3.

WIERZBICKI v. CITY OF JERSEY CITY

District Court, D. New Jersey · Sep 10, 2021

“[T]his § 59:2-10 immunity applies to intentional torts.” Abdallah v. City of Paterson, Civ. A. No. 16-4660, 2017 U.S. Dist. LEXIS 82135, at *14 (D.N.J. … Apr. 23, 2021) (“Although arrests may involve force that would qualify as an assault or battery, an officer is only liable if the force was excessive.

MC KEE v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Oct 6, 2020

She is clearly learning disabled. Her reading comprehension and her word usage is somewhat lower on the intelligence scale that was on the reading test. … Plaintiff disagrees with the ALJ’s analysis, apparently contending that her medical and school records and qualifying WISC scores establish the requirements of Listing 12.05B.

TAYLOR v. MONMOUTH MEDICAL CENTER

District Court, D. New Jersey · Mar 19, 2025

To bring a claim under the ADA, plaintiffs must first establish that they are disabled. … Here, the Complaint contains no factual allegations articulating how Plaintiff’s hip injury is a qualifying disability that substantially limited one or more of her major 6 The Court construes the Complaint’s

Bascom Food Products Corp. v. Reese Finer Foods, Inc.

715 F. Supp. 616 · District Court, D. New Jersey · Jun 1, 1989

Defendants argue that ownership of stock cannot imply a right to sell Reese Foods products, otherwise a distributor owning Reese Foods stock would be immune from being terminated. Id. … ., 550 F.2d 189 (4th Cir.1977), the court explained: We view the trial court’s finding that Blackwelder will suffer no irreparable harm (on the basis that any injury to it would be readily calculable and collectible) as clearly

MO v. JPMORGAN CHASE BANK, N.A.

District Court, D. New Jersey · Feb 15, 2022

Plaintiff’s TILA claim is even less clearly pleaded. … As for violation of state service of process rules, Plaintiff fails to establish that there is a private cause of action, federal or state.