Case law

HUBBARD v. COMCAST CORPORATION

District Court, D. New Jersey · Jul 21, 2020

Thus, “to qualify as a question of arbitrability that the Court may consider, the challenge must ‘relat[e] to the making and performance of the agreement to arbitrate.’” Quilloin v. … The forms clearly identify the Program Guide as containing the terms of Comcast Solutions, and the Program Guide’s language is sufficiently clear and unambiguous to create a binding arbitration agreement. (Doc.

NORTON v. MYLAN INC.

District Court, D. New Jersey · Apr 2, 2024

misrepresented the ingredient list on Geritol’s labeling, and as a result of this incomplete ingredient list, “[P]laintiff has been damaged and ha[s] sustained an ascertainable loss of money for the purchase of Geritol,” thus qualifying … “Although the plaintiff bears the burden of demonstrating facts that support personal jurisdiction, courts are to assist the plaintiff by allowing jurisdictional discovery unless the plaintiff's claim is ‘clearly frivolous

MATEO v. FIRST TRANSIT INC.

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

The Court held that the plaintiff’s claim was untimely because “when [the plaintiff] was fired[,] he clearly knew, or should have known, that he had been the subject of retaliation by defendants, and should have filed … Here, only Plaintiff’s ultimate termination in September 2017 would qualify as a discrete act under Morgan.

ROMAN v. STATE OF NEW JERSEY

District Court, D. New Jersey · Sep 18, 2019

Arizona, 384 U.S. 436 (1966) is the clearly established Federal law that governs habeas review of this claim. … Maryland 373 U.S. 83 (1963) is the clearly established Federal Law governing habeas review.

HORAN v. COLLEGE POINT ASSOCIATES, LLC

District Court, D. New Jersey · Jun 2, 2021

In doing so, he requested College Point to “identify at least one qualified independent appraiser” in hopes that they could “amicably agree upon a mutually acceptable appraiser” to determine the purchase price for the Property … The terms of the option indicate clearly that the parties both intended to commit the calculation of price to a third party and agreed to be bound by the result.

MCSWEENY v. COMMISSIONER OF SOCIAL SECURITY

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

Plaintiff met the insured status requirements of the Act through December 31, 2020, meaning that she had to establish disability on or before that date to be entitled to benefits. [See R. at 12.] A. … Degenerative Disc/Osteoarthritis The ALJ clearly identified evidence supporting the conclusion that Plaintiff’s spinal impairment symptoms were only mild.

MCKINNEY v. LANIGAN

District Court, D. New Jersey · Oct 17, 2022

P. 12(b)(6) and/or to dismiss any defendant who is immune from suit. See 28 U.S.C. § 1915(e)(2)(B). b. … The Court has screened the Amended Complaint for dismissal pursuant § 1915(e)(2)(B), and will proceed the Eighth Amendment 7 Plaintiff has not clearly alleged any other state law negligence claims and the court does not

PALOMO v. MURPHY

District Court, D. New Jersey · Nov 26, 2024

It is the plaintiffs burden to establish jurisdiction. Jd. at 178 (citing Kehr Packages, Ine. v. Fidelcer, Inc., 926 F.2d 1406, 1409 (3d Cir. 1991)). B. … “Tt is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.” Grayned v. City of Rockford, 408 U.S. 104, 108-09 (1972).

CHONG v. CITY OF HOBOKEN

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

“[T]o establish a claim for intentional infliction of emotional distress, the plaintiff must establish intentional and outrageous conduct by the defendant, proximate cause, and distress that 7 Notably, Plaintiff has not … Plaintiff’s Complaint is devoid of any facts to establish a prima facie retaliation claim.

KOON-BRANCH v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Oct 28, 2020

Clearly the plaintiff is not aware that this is a 12.05 case.” Plaintiff’s Brief, ECF No. 21, p. 16. … A diagnosis of impairment, by itself, does not establish entitlement to benefits under the Act”).

HENDERSON v. NEWARK BOARD OF EDUCATION

District Court, D. New Jersey · Aug 15, 2024

“To establish a retaliation claim under the FMLA, a plaintiff must first establish a prima facie case of retaliation by demonstrating that: (1) she availed herself of a protected right under the FMLA; (2) she suffered an … On the whole, the factual narrative set forth by the Complaint does not clearly explain (i) when Plaintiff took FMLA leave; (ii) whether Plaintiff’s request for FMLA leave was granted or denied; (iii) if Plaintiff’s FMLA

United States v. Fogle

515 F. Supp. 2d 474 · District Court, D. New Jersey · May 10, 2007

. -, 127 S.Ct. 1769 , 167 L.Ed.2d 686 (2007) (determining reasonableness of the manner in which Fourth Amendment seizure of individual was effected, for purposes of qualified immunity analysis in § 1983 action). … However, under the “narrowly drawn” exception to the warrant requirement established in Terry , “an officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable,

McLendon v. Continental Group, Inc.

872 F. Supp. 142 · District Court, D. New Jersey · Dec 16, 1994

The Nensel court reasoned: Even in a common-fund case_[c]ounsel qualify for fees ... almost exclusively if they prevail. … In a common fund case, exceptional results may be established by the size of the settlement *163 award. Lindy I, 487 F.2d at 168.

Resort Associates, LLC d/b/a Massage Heights, Ronald O’Malley, and James Gumina v. United States Liability Insurance Company

District Court, D. New Jersey · Aug 4, 2026

yet to be established, nor has the allegation of sexual assault been proven.”).) … within plain meaning of “any other person” whose abuse was excluded, and reasoning in part that the exclusion “bars ‘all’ injury from sexual or physical abuse sustained by ‘any person,’ without limitation . . . the clause clearly

Chavez-Rivas v. Olsen

207 F. Supp. 2d 326 · District Court, D. New Jersey · Jul 8, 2002

This language, however, is part of the court’s analysis of whether or not IIRIRA “clearly” withdraws habeas jurisdiction. … What makes an alien deportable is a statutory standard established by Congress within its plenary power to control immigration.

ALI v. DAVIS

District Court, D. New Jersey · Feb 16, 2022

“Generally, a litigant seeking equitable tolling bears the burden of establishing two elements: (1) that he has been pursuing his rights diligently; and (2) that some extraordinary circumstance … “[T]o qualify as an extraordinary circumstance, the mental illness must have affected the petitioner’s ability to seek relief in some way.” Wallace v.

BG BY FG v. Cranford Bd. of Educ.

702 F. Supp. 1140 · District Court, D. New Jersey · Dec 29, 1988

Volenski, Oliver-Smith, Gold, Waldmann and Isaac all clearly say B.G. needs a residential placement. … B.G. trusted her as they had finally established a bond. She also cited an example of improved peer relationships.

LONG v. LEGGETT & PLATT, INCORPORATED

District Court, D. New Jersey · Jul 28, 2020

Supp. 2d 393, 424 (D.N.J. 2003) (“Plaintiff . . . clearly engaged in protected activity . . . … Reporting the risk of potential litigation, of itself, would not qualify as a protected activity.

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

District Court, D. New Jersey · Feb 25, 2021

A qualified expert in K-9 handling, fire investigation, and accelerant detection testified at trial that the fire was incendiary, intentionally set, and fueled by an accelerant. … POINT XII- The state failed to establish the confession was voluntary.

Tischio v. Bontex, Inc.

16 F. Supp. 2d 511 · District Court, D. New Jersey · Jul 23, 1998

established she is unable to carry such an expense. … The data or detail in the affidavits submitted in support to the Motion for Reargument do not qualify as new evidence.