Case law

CORDERO v. KELLEY

District Court, D. New Jersey · Mar 1, 2021

Ultimately, there is “no genuine issue as to any material fact” if a party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case.” … Higgins, 902 F.2d 682, 684 (8th Cir.1990) (holding prison official was not entitled to qualified immunity because he denied an inmate's request to mail a money order for a government catalog without

Ricky Kamdem-Ouaffo v. Colgate Palmolive Co., et al.

District Court, D. New Jersey · Mar 31, 2026

claims failed for a variety of reasons, including res judicata, collateral estoppel,judicial immunity, and litigation privilege, and characterized the case as a clear effort to relitigate matters conclusively resolved years … Plaintiff Is Not Entitled to Relief Under Rule 60(b)(6) Plaintiff has also not met his burden under Rule 60(b)(6) to establish “any other reason that justifies relief.”

KAMDEM-OUAFFO

District Court, D. New Jersey · Mar 31, 2026

claims failed for a variety of reasons, including res judicata, collateral estoppel,judicial immunity, and litigation privilege, and characterized the case as a clear effort to relitigate matters conclusively resolved years … Plaintiff Is Not Entitled to Relief Under Rule 60(b)(6) Plaintiff has also not met his burden under Rule 60(b)(6) to establish “any other reason that justifies relief.”

BERNSTEIN v. MURPHY

District Court, D. New Jersey · Aug 22, 2023

The ABC Law, like the laws of many states, established a “three-tier” structure for alcohol distribution and sales. … This is clearly not what the court in Granholm intended.

MONTONE v. CITY OF JERSEY CITY

District Court, D. New Jersey · Dec 1, 2020

at 317, established standards for determining appropriate fee awards in fee-shifting cases. … For instance, on November 2, 2010, Attorney Manshel spent 3.5 hours researching “summary judgment, section 1983 cases on qualified immunity, establishing clear case law on the various 1* and 14" [Amendments’] rights asserted

Bank Hapoalim B.M. v. Allstate Sales Group Inc., et al.

District Court, D. New Jersey · Feb 5, 2026

The Motion (ECF No. 3) establishes sufficient grounds for the relief requested and based on the consent of Defendants, the Motion is GRANTED as set forth herein. 2. … Clearly recorded 2. Appropriately reconciled vi. Speak with Defendants and any other persons regarding the Collateral. vii.

EZELL v. JPMORGAN CHASE, N.A.

District Court, D. New Jersey · Jan 31, 2020

Because that Action was filed and served in 2008, Plaintiffs’ FDCPA claim is clearly untimely. The same goes for Plaintiffs’ federal civil RICO claims. … Although the RICO statute does not expressly provide a statute of limitations, the Supreme Court, by analogy to the Clayton Act, has established a four-year limitations period for civil RICO claims.

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.

United States v. Zolp

659 F. Supp. 692 · District Court, D. New Jersey · Apr 30, 1987

Bernick’s former counsel asserted: “I have no information or knowledge that the interceptions of telephone numbers [at issue in the case] were qualified authorizations under provision of 18 U.S.C. § 2516 (1).” … At the evidentiary hearing on this motion, the agent who monitored the call in question clearly and succinctly explained her understanding at the time of the interception: “When Mr.

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.

STYLES v. THOR MOTOR COACH

District Court, D. New Jersey · Mar 27, 2023

Feb. 28, 2006) (“It is equally well-established that if a plaintiff fails to move in federal court for a remand based on a procedural defect within 30 days, that party waives its II. … Should Plaintiffs seek to amend their Complaint, they are to more clearly identify the Defendants to which Count I is directed.

MUTASA v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES

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

First, an alien’s American employer obtains a labor certification from DOL attesting that there are no qualified workers in the United States available to take the job. See § 1182(a)(5)(A)(i). … The first, third, and fourth scenarios clearly do not apply here.

Choice Hotels International, Inc. v. AMBA Corporation et al.

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

Defendants then argue that Plaintiff's damages calculation cannot be adopted because the Franchise Agreement does not clearly establish the percentage used to calculate monthly fees. … This conduct squarely qualifies as willful infringement and bad faith.

FELLUS v. SELECT MEDICAL HOLDINGS CORP.

District Court, D. New Jersey · Jun 5, 2019

If the nonmoving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which . . . … Fellus qualifies as an “insured” under the Columbia Policy. “The interpretation of an insurance contract is a question of law for the court to determine, and can be resolved on summary judgment.” Adron, Inc. v.

KOYI v. COUNTY OF MONMOUTH

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

the motion does not establish the absence of a genuine issue, summary judgment must be denied even if no opposing evidentiary matter is presented.” … The video does clearly show several Defendants striking Plaintiff repeatedly and also shows Gall deploying ARS to Plaintiff’s face.

CAMARGO v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · May 13, 2025

An impairment that 10 manifests only some of those criteria, no matter how severely, does not qualify.’” … May 31, 2022) (“The contradictory evidence is clearly material to the listing criteria of adapting and managing oneself. The ALJ erred by failing to address and resolve it.

S.Y. v. ROMAN CATHOLIC DIOCESE OF PATERSON

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

Furthermore, the Court is not persuaded that time-barred tort claims created vested rights such that they are categorically immune from statutory revival in New Jersey. See Pa. Greyhound Lines, Inc. v. … Relevant to the instant motion, New Jersey precedent clearly establishes that, like with federal law, legislation “readjusting rights and burdens” is not unlawful “solely because it upsets otherwise settled expectations

Kemp Industries, Inc. v. Safety Light Corp.

857 F. Supp. 373 · District Court, D. New Jersey · Jun 28, 1994

“Only companies on which Prudential could qualify their credit” were accepted into the Program. Id. at 74 . 16. … The slight and incidental economic benefit provided by tax depreciation was clearly of secondary importance to Prudential in entering into the USR Leaseback.

UNITED ASSOCIATION OF PLUMBERS & PIPEFITTERS LOCAL 322 OF SOUTHERN NEW JERSEY v. MALLINCKRODT ARD, LLC

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

Needle, 560 U.S. at 195 n.4 (holding that the Copperweld functional test should be used to determine if an agency relationship is “genuine” and therefore immune from antitrust scrutiny). … Express Scripts’ failure to address this clearly relevant Third Circuit precedent is troubling.

Stockett v. Commissioner of Social Security

216 F. Supp. 3d 440 · District Court, D. New Jersey · Oct 26, 2016

The medical criteria “disorders of the spine” is clearly supported by the medical record. … The Court makes no findings as to whether the medical record does or does not establish a listing level impairment.