Case law

SABETPOUR v. MARTINEZ

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

Nov. 17, 2009) (“[C]laims based on threats of disciplinary action, absent an accompanying allegation that the threats were carried out by Defendants, do not qualify as “adverse actions” for purposes of a retaliation claim … Nevertheless, where a public defender conspires with the state to deprive an individual of his rights, the public defender is not immune from civil liability under § 1983. See Tower v.

STERLING v. IRIS ENERGY LIMITED

District Court, D. New Jersey · Sep 27, 2024

lenders, which made Iris’ operations, including the mining equipment and Bitcoin mined, subject to the very “increased counterparty risk” that the Offering Documents stated Iris Energy was immune … Defendants likewise assert that Plaintiffs fail to establish a duty to disclose that mined Bitcoin was an alternative, hypothetical form of collateral. (Id.)

Ashley N. Schmidt Robertson v. K1 Investment Management LLC and Trackforce, Inc.

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

However, Plaintiff’s Amended Complaint does not clearly set forth a separate claim under Florida law—nor has Plaintiff established a private right of action under Florida’s criminal statute. … In addition, Plaintiff does not clearly allege that Defendants terminated her because of her gender. (See generally id.).

GOODE v. CAMDEN CITY SCHOOL DISTRICT

District Court, D. New Jersey · Jul 16, 2021

She had to travel farther between classrooms and buildings, and was assigned to teach general education and honors classes rather than the special education classes for which she was qualified.34 According to Pierce, Miles … On the contrary, it clearly states: “All remedies available in common law tort actions shall be available to prevailing plaintiffs,” including “[t]he compensation for all lost wages, benefits and other remuneration.”

HALLER v. USMAN

District Court, D. New Jersey · Jan 10, 2024

However, the Court also concluded that Plaintiff’s claims were not clearly frivolous, and therefore it permitted targeted jurisdictional discovery. Id. … Contacts Having concluded that Defendant Adaptive Green did not consent to personal jurisdiction, this Court now examines if the Defendant corporation’s contacts render this an “exceptional case[]” to qualify

FORT

District Court, D. New Jersey · Apr 29, 2026

Any statement that is not clearly and substantively denied with an appropriate citation to the record is deemed admitted pursuant to Local Civil Rule 56.1. See Coastal Jersey Holdings, LLC v. … The other actions cited by Fort similarly do not clearly constitute adverse employment actions. See Sorensen v. Wallingford Bd. of Educ., 742 F. Supp. 3d 240, 252 (D.

MATTEO v. RELIANCE STANDARD LIFE INSURANCE COMPANY

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

the same letter also stated that while “[i]t has been determined that [Plaintiff] qualified for benefits under the 12-month Mental or Nervous Limitation, and she has been paid accordingly[,] . . . it was determined that … On this issue, it is well-settled that “diagnoses alone do not establish disability.” Krash, 248 F. Supp. 3d at 615.

VALIANT CONSULTANTS INC. v. FBA SUPPORT LLC

District Court, D. New Jersey · Jul 18, 2022

. ¶¶ 3– 4); (2) had clients that “were not qualified to own the online stores in question” (id. ¶ 6); (3) failed to pay Defendants for at least three months (id. ¶ 7); and (4) added more work than the Agreement specified … New Castle County, 970 F.2d 1260, 1266 n. 4 (3d Cir. 1992)) (“‘a contention in a brief’ ‘clearly . . . may not’ be used to ‘substitute for an allegation in a complaint.’”).

SAUCEDA BEJARNO v. MONTOYA JIMENEZ

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

a respondent only establish by a preponderance of the evidence that [] the child is now settled in [his] new environment[.]”). … Additionally, Respondent obtained a pediatrician for L.S. when they first arrived in the United States and made sure that L.S. received all of his immunizations. Id. at 143:19-22.

Commodity Futures Trading Commission v. Equity Financial Group LLC

537 F. Supp. 2d 677 · District Court, D. New Jersey · Feb 4, 2008

Shimer knew Abernethy was not qualified to do the accounting work he sought. 131. … Plaintiff has clearly established its right to an injunction pursuant to 7 U.S.C. § 13a-1.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION v. GU

District Court, D. New Jersey · Sep 6, 2024

The circumstances surrounding Gu’s trading scheme clearly show Gu acted with scienter. 13 Interactive, Robinhood, Lightspeed, and Firstrade all prohibit wash trading. … Gov’t Sec., Inc., 24 F.3d 480, 490–91 (3d Cir. 1994) (explaining that “encompassed within that general obligation [to speak truthfully] is also an obligation or ‘duty’ to communicate any additional or qualifying

FILGUEIRAS v. MIDLAND FUNDING, LLC

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

Clearly, the parties’ dispute is not whether Ms. … Filgueiras faces an inquiry from which the rest of the class is immune, but whether individual questions predominate over common questions with respect to the class as a whole, including Ms.

WHITMORE v. MAFCO WORLDWIDE, LLC

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

The Court also finds Plaintiff makes a prima facie showing that he is qualified for the role in which he served as he had successfully served in such a capacity for more than one year … Defendants clearly identify evidence in the record suggesting Plaintiff was fired because he was caught urinating on the floor of a warehouse storing food-grade product, in violation

Wilson v. Heckler

622 F. Supp. 649 · District Court, D. New Jersey · Nov 14, 1985

The Supreme Court’s approach is practical and its decisions do not establish whether each of the individual relevant factors must be present before a court may waive exhaustion. City of New York v. … Appendix 1 fills 33 pages in the Code of Federal Regulations with detailed criteria for determining whether a particular impairment qualifies as severe. 7 .

Webway 360, Inc. v. Xerox Corporation et al.

District Court, D. New Jersey · Nov 12, 2025

Under New Jersey law, a breach of contract claim requires the plaintiff to establish that “the parties entered into a contract[.]” Goldfarb v. … [that] clearly and explicitly disclaim[ed] the warranties of fitness and merchantability” was effective) (New York law); Travelers Ins. Cos. v. Howard E.

In Re Cendent Corp. Securities Litigation

109 F. Supp. 2d 235 · District Court, D. New Jersey · Aug 15, 2000

clearly warrant approval of the Settlements. … The Court finds that Weil is qualified to submit his sworn opinion regarding the Plan of Allocation and sees no’reason to exclude his statement. 14 .

NOVARTIS SERVICES, INC v. FEIRE

District Court, D. New Jersey · Nov 20, 2024

tumors, immune disorders, and infections.” (Id.). Defendant is a former Novartis employee and a Massachusetts resident. (Id. at 7, ¶ 17 & 13, ¶ 43). … Mar. 21, 2017) (explaining that “a conclusory statement in [a plaintiff’s] affidavit” is insufficient to establish irreparable harm).

PAREDES v. UNITED AIRLINES, INC.

District Court, D. New Jersey · Feb 6, 2023

However, the right-to-sue letter carries with it another requirement: if the individual later chooses to bring a private action himself, it must be filed within 90 days of the 5 While Plaintiff does not clearly identify … Under that framework, to establish a prima facie case of discrimination, Plaintiff must show: “(1) he is a member of a protected class; (2) he was qualified for the position in question; (3) he suffered an adverse employment

LAURORA v. BAYER CORPORATION

District Court, D. New Jersey · Aug 23, 2021

position since she expressed to you that she was qualified in her e-mail to you. … Laurora clearly referenced Gryszkiewicz’s pregnancy, a protected category under Title VII and NJLAD, and her imminent maternity leave, a protected right under the FMLA. Her email also expressed that Dr.

ABRAMSON, M.D. v. AETNA LIFE INSURANCE COMPANY

District Court, D. New Jersey · May 2, 2023

The dispute in this case, generally, centers on whether B.H.’s procedure qualified as an “emergency service” under the Plan, though that is not the subject of this opinion. … Abramson maintains he can assert a claim on behalf of B.H. through a valid power of attorney and he has adequately pleaded a particularized injury sufficient to establish standing.