Case law

OJO v. MILROSE 179 HARRISON, LLC

District Court, D. New Jersey · Mar 4, 2021

Law firms acting on behalf of landlords, however, can qualify as debt collectors. Id. … To begin with, they appear pro se, heightening the need for defendants to identify their defenses and articulate them clearly.

FRUGIS v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Jul 14, 2022

Under the authority of the SSA, the Social Security Administration (the “Administration”) has established a five-step evaluation process for determining whether a claimant is entitled to benefits. 20 CFR §§ 404.1520, 416.920 … The record evidence shows clearly that Lisa F. has a great deal of difficulty using her hands and wrists.

In re Effexor Antitrust Litig.

357 F. Supp. 3d 363 · District Court, D. New Jersey · Nov 15, 2018

Under Rhode Island law, it is well established that statutes cannot be applied retroactively, unless clearly stated. … , federal courts have criticized the rationale in In re Motor Vehicles , concluding that its "crabbed reading of Tungate " is incongruent with the Maine Supreme Court's holding since "[t]he Maine Supreme Court [did] not qualify

EVEREST INDEMNITY INSURANCE COMPANY v. ALL RISKS LTD

District Court, D. New Jersey · Jul 18, 2024

App. 2002) (“insurance agents and brokers clearly owe a professional’s duty to the insured”). … July 31, 2013) (“Fraud includes truthful representations that the maker knows or believes are ‘materially misleading’ without ‘additional or qualifying’ information.”

CHENG v. SRA ASSOCIATES, INC.

District Court, D. New Jersey · May 31, 2019

The Court recognizes that the validation notice could be clearer by qualifying the first sentence, about dispute of debt, with an additional “in writing” clause. … Written dispute is clearly the debtor action required to trigger verification of the debt.

Holland v. Rosen

277 F. Supp. 3d 707 · District Court, D. New Jersey · Sep 21, 2017

Raines, 362 U.S. 17 , 22, 80 S.Ct. 519 , 4 L.Ed.2d 524 (1960) (“a litigant may only assert his own constitutional rights or immunities”)); United States v. … Cir. 1986) (finding that, in the civil, preventative-detention context, “[i]t seems more reasonable ... to consider the bail clause to be applicable solely to the problem it most clearly addresses: conditions of release or

BEU v. CITY OF VINELAND

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

usage, of any State or Territory ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Applying these concepts in this case, Plaintiff’s allegations fail to establish that Mr. Gelfand conspired with state actors in a way which would establish joint activity.

B.K. v. Toms River Board of Education

998 F. Supp. 462 · District Court, D. New Jersey · Mar 30, 1998

If we find that plaintiff so qualifies, we must then determine the amount of reasonable fees and costs, if any, owed by the district. The test to determine prevailing party status is well established in this Circuit. … We reject defendant's invitation to reconsider a decision of our court of appeals, as it is clearly beyond our power to do so. See Jeremy H. v. Mount Lebanon Sch. Dist., 95 F.3d 272 , 280 n. 14 (3d Cir.1996). 7 .

RANGINWALA v. CITIBANK N.A.

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

reference the Agreement insofar as Plaintiff alleges, inter alia, the following: that Defendant improperly terminated his credit card account pursuant to the Agreement (ECF No. 19 at 9] 18—21, 24); that Plaintiff qualifies … Here, there is no discussion of arbitration in the ECOA and no clearly expressed congressional intention to displace the FAA.

LIVINGSTONE v. HADDON POINT MANAGER, LLC

District Court, D. New Jersey · Dec 7, 2020

As noted above, this delay is clearly excusable. … If it is not clearly futile, then denial of leave to amend is not proper. 1.

In re Blackrock Mut. Funds Advisory Fee Litig.

327 F. Supp. 3d 690 · District Court, D. New Jersey · Jun 13, 2018

In seeking to establish economies of scale in this case, Plaintiffs rely exclusively on the report of their expert, Dr. Ayres. At the outset, Dr. … While this was a defense witness, Judge Walker accepted his view, and the Second Circuit clearly bestowed its imprimatur of approval in the language I have quoted from its opinion affirming Krinsk .

In Re Safety Components, Inc. Securities Litigation

166 F. Supp. 2d 72 · District Court, D. New Jersey · Sep 27, 2001

The Fourth Girsh Factor: The Risks of Establishing Liability The fourth factor for consideration under the Girsh analysis is “the risks of establishing liability.” Girsh, 521 F.2d at 157 . … This presumption of reasonableness “may be rebutted by a prima facie showing that the (properly submitted) retained agreement fee is clearly excessive.” Id. at 283-84 .

SELLOW v. NWACHUKWU

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

Here, Plaintiff’s claims, which survived the Court’s initial screening, clearly have arguable merit in fact and law. … None of these reasons alone are sufficient to qualify as extraordinary circumstances. See id.

Palladino ex rel. United States v. VNA of Southern New Jersey, Inc.

68 F. Supp. 2d 455 · District Court, D. New Jersey · Jun 30, 1999

Clearly, then, Ms. Palladi-no is alleging that Ms. … Looking to the statute, he noted that the plain language clearly extends liability to the employment relationship. Id. at 709 .

ZACHEIS

District Court, D. New Jersey · Oct 14, 2025

At Step Three, the ALJ determined that Cecil did not have an “impairment or combination of impairments” that qualified under the Administration’s listed impairments. … ESTABLISHING ELIGIBILITY FOR DISABILITY INSURANCE BENEFITS A claimant may establish disability under the Social Security Act by proving that he is unable to “engage in any substantial gainful activity by reason

HILSENRATH v. SCHOOL DISTRICT OF THE CHATHAMS

District Court, D. New Jersey · Nov 12, 2020

Superintendent LaSusa qualifies as an official with final policymaking authority. … Merits of the Establishment Clause Claim Finally, I turn to the underlying merits: whether the challenged materials and curriculum violate the Establishment Clause.

MARTIN v. PISERCHIA

District Court, D. New Jersey · Aug 14, 2024

Although the Complaint demands punitive damages and Defendants answered the Complaint with a defense of immunity—both factors indicating an intent to bring an individual capacity suit, Gregory v. … McKinney- Vento clearly requires immediate enrollment at the parent’s school of choice “even if the child … is unable to produce records normally required for enrollment, such as … proof of residency[.]” 42 U.S.C. § 11432

People of The State of California v. Eli Lilly and Company

District Court, D. New Jersey · Jun 4, 2025

“Thus, disclaimers that ‘clearly carve[] out certain factual bases, whether by time span or location, such that any alleged injury could not have happened under the direction of a federal officer’ will prevent removal.” … Pa. 2008) (finding corporation acting as Medicare Part B carrier qualified as “person” for purposes of federal officer removal statute).

MALETTO v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Jan 19, 2022

Plaintiff stated she believed the blurry vision stemmed from her headaches, which made it difficult to focus or see anything clearly. (A.R. 72.) … The Act establishes a five-step sequential process for evaluation by the ALJ to determine whether an individual is disabled. See 20 C.F.R. § 404.1520.

ESTEVEZ-FIGUEREDO v. United States

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

“In considering a motion to vacate a defendant’s sentence, ‘the court must accept the truth of the movant’s factual allegations unless they are clearly frivolous based on the existing record.’” United States v. … To qualify for a safety valve reduction, a petitioner is required to “not only ... admit the conduct charged, but [ ] also ... volunteer any information aside from the conduct comprising the elements of the offense.”