Case law

RODRIGUES v. WELLS FARGO BANK, N.A.

District Court, D. New Jersey · Dec 27, 2019

Johnson adds that she was informed on multiple occasions that her loan did not qualify for a modification review, but at one point received help in getting a modification from a Congressman she had reached out to. … This Court also has an independent obligation to establish that it has subject-matter jurisdiction. Morel v. INS, 144 F.3d 248, 251 (3d Cir. 1998).

C. v. WEST WINDSOR-PLAINSBORO REGIONAL BOARD OF EDUCATION

District Court, D. New Jersey · Nov 30, 2022

The qualifying student’s IEP must be developed by an IEP team and be reviewed at least annually. N.J.A.C. 6A:14-3.7(b), (i). … In this regard, the record clearly establishes that by October 2019, when the District conducted its additional speech screening of Z.P., his skills had declined compared to the District’s January 2019 and April 2019 assessments

HARRIS v. COMMISSIONER OF SOCIAL SECURITY

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

Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.’” Jones, 364 F.3d at 504 (quoting Sullivan v.

PEDDI v. MAYORKAS

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

The Regional Center Program was initially established as a five-year pilot program in 1992. … The court noted that “the terms of the regulation clearly contemplate that certain applications may require lengthy investigations.” Id.

JOHNSON v. WELLS FARGO BANK, N.A.

District Court, D. New Jersey · Dec 27, 2019

Johnson adds that she was informed on multiple occasions that her loan did not qualify for a modification review, but at one point received help in getting a modification from a Congressman she had reached out to. … This Court also has an independent obligation to establish that it has subject-matter jurisdiction. Morel v. INS, 144 F.3d 248, 251 (3d Cir. 1998).

HEIM v. CAPE RESORTS MANAGEMENT COMPANY, INC.

District Court, D. New Jersey · Aug 19, 2021

Plaintiff has established a prima facie case of age discrimination The McDonnell Douglas framework requires four elements for Plaintiff to establish … Defendant does not dispute that Plaintiff has established the first three prima facie elements.

LATOC, INC. v. KARTZMAN

District Court, D. New Jersey · Apr 17, 2023

Because determinations about reasonably equivalent value are “more often than not [] bound up in the bankruptcy court’s factual determinations,” the Third Circuit has explained that they are “largely immune from attack … This precise argument was rejected by the bankruptcy court20 and fails to establish an abuse of discretion.

TINSMAN

District Court, D. New Jersey · Mar 19, 2026

To evaluate whether Plaintiff was eligible for social security and disability benefits, the ALJ employed the five-step process established by the SSA. (Id. at 21–36.) … Regulations promulgated under the Act establish a five-step process for determining whether a claimant is disabled for purposes of SSI and DIB. 20 C.F.R. § 404.1520.

United States v. Eisenberg

734 F. Supp. 1137 · District Court, D. New Jersey · Mar 22, 1990

There is nothing to establish the Marshall Letter and attachments, if any, were in fact posted, as alleged. … Clearly, Bertoli does not believe I harbor any prejudice against him or bias in favor of the Government.

MERONVIL v. JANE DOE 1

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

Therefore, they do not qualify as evidence that the Court can consider in evaluating Plaintiff’s opposition to summary judgment.”); Hodge v. Warden of Dauphin Cnty. Prison, 19-01573, 2021 WL 3578316, at *4 (M.D. Pa. … July 20, 2018) (noting on motion for summary judgment that officer’s “affidavit is unhelpful to the Court because it speaks of ‘staff’ and ‘we’ and ‘restraining’ [Plaintiff], collective statements that do not clearly state

TAYLOR-HARMON v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Apr 16, 2024

Establishing Disability under the Social Security Act. … Beginning with the MRI and EMG, the ALJ clearly considered and discussed this evidence. The ALJ noted that Plaintiff presented to Dr.

Khanna v. MAYORKAS

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

The Regional Center Program was initially established as a five-year pilot program in 1992. … The court noted that “the terms of the regulation clearly contemplate that certain applications may require lengthy investigations.” Id.

WOODSON v. ATLANTIC CITY BOARD OF EDUCATION

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

Defendants continue to argue Plaintiff clearly discovered, or at least should have discovered, her alleged cause of action against the Defendants well within the statute of limitations. [Dkt. No. 86 at 19; Dkt. … Furthermore, whether the email at issue qualifies as a storm warning, is an objective inquiry— one that requires evaluating the facts “from the perspective of a detached, dispassionate observer, not from the subjective perspective

United States v. Ciba Geigy Corp.

508 F. Supp. 1118 · District Court, D. New Jersey · Apr 14, 1976

To qualify the licensee agrees to purchase 1000 Kgs. [of] Hydrochlorothiazide within a three year period following introduction of their new product. … In regard to the first theory of illegality, the government has clearly established the requisite “contract, combination or conspiracy” to satisfy the requirement of Sherman Act § 1. See, e. g., Albrecht v.

BURGESS, JR. v. BENNETT

District Court, D. New Jersey · Mar 19, 2021

collectively, “Litigations”).2 Plaintiffs allege that “[t]wo of the aforementioned Litigations named 2 Plaintiffs’ allegations with respect to the pending lawsuits are imprecise, and the Amended Complaint does not clearly … under tribal law in order to circumvent state usury laws and “to serve allegedly as the fronts to disguise the non-tribal payday lenders’ role and to ostensibly shield the scheme by exploiting the doctrine of sovereign immunity

HEALTHQUEST OF CENTRAL JERSEY, LLC v. ANTARES AUL SYNDICATE 1274

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

As to the fit requirement, Miley’s expert opinion clearly fits the issues of the case because Miley opines as to the cause of the Replacement Dome’s collapse. … Here, the Court notes that both Healthquest and Diamond Nation are clearly named as the “assured” on the Policy. (Policy *3.)

EHRLICH v. MCINERNEY

District Court, D. New Jersey · Sep 30, 2019

relief only from a “final judgment, order, or proceeding . . .,” and the application of the word “final” is clarified by the Advisory Committee Notes, which explain that “the qualifying … The condition of the property was clearly misrepresented in the listing. 9 “‘It is one thing to set forth theories in a brief; it is

In re Lipitor Antitrust Litig.

336 F. Supp. 3d 395 · District Court, D. New Jersey · Aug 21, 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

SMITH v. STATE FARM FIRE AND CASUALTY COMPANY

District Court, D. New Jersey · May 19, 2023

Santini, 795 F.3d at 416 (quoting Anderson, 477 U.S. at 248), The moving party bears the burden of identifying portions of the record that establish the absence of a genuine issue of material fact. /d. … Clearly, the Court envisioned cases in which expert testimony meets the Daubert standard yet is ‘shaky’ and cases in which admissible expert testimony provides only a ‘scintilla’ of support for a claim or defense.”

LILAC DEVELOPMENT GROUP, LLC v. HESS CORPORATION

District Court, D. New Jersey · Feb 2, 2022

The movant bears the burden of establishing that no genuine issue of facts exists. Aman v. Cort Furniture Rental Cop., 85 F.3d 1074, 1080 (3d Cir. 1996). … Thus, while Speedway did have the ability to modify the plans and specifications, that ability was qualified by the fact that Defendants ultimately had to construct, maintain, and operate a gas station on the Property,