Case law

Costello v. Target Corporate Services, Inc.

District Court, D. New Jersey · Apr 14, 2020

Sugarman concedes that the bollards did not violate any established code or standard. … Simply put, there is nothing to establish that the drip ledge or the roof as it existed on the day in question qualified as a danger posing an unreasonable risk of harm to Ronald.” Longo,374 N.J. Super. at 475.

TIAA COMMERCIAL FINANCE, INC. v. GALUSHA

District Court, D. New Jersey · Nov 30, 2020

And it is the requesting party who bears the burden of establishing diligence was exercised. Id. … It appears that the parties intended that an executed form guaranty agreement would accompany any future qualifying “Credit Agreement” between TIAA and Silverado.

CRUZ VARGAS v. COMMISSIONER OF SOCIAL SECURITY

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

Determining Social Security Benefits To qualify for disability insurance benefits, the claimant must first establish that she is “disabled.” See 42 U.S.C. § 423(a)(1)(E). … As discussed supra, this evidence did not credibly establish a mental impairment during the relevant time period.

THORSEN v. BCS DEVELOPERS, LLC

District Court, D. New Jersey · Mar 31, 2025

June 1, 2015) (The entitlement to a private right of action [for § 207(r)] could not be more clearly stated in [29 U.S.C. § 216(b)].”); but see Salz v. Caseys Mktg. … Plaintiff, however, provides 8’ Defendants do not dispute that Plaintiff was qualified for her job or that she suffered an adverse employment decision. (Defs.’

FINK v. BISHOP

District Court, D. New Jersey · Feb 29, 2024

Res judicata clearly bars the Substantive Claims. … Plaintiff argues his repeated lawsuits are not frivolous, do not establish a pattern of abuse, and do not justify such an extreme sanction.

LIPANI, M.D. v. CIGNA HEALTH AND LIFE INSURANCE COMPANY

District Court, D. New Jersey · Jun 28, 2023

minimum regulatory requirements set forth by the Department of Labor, unless the administrator can show it had established procedures in full conformity with the regulations and the failure to comply was inadvertent and … Documentation clearly states surgery was aborted prior to skin incision being made.” (/d. at 5.)

Balice v. United States of America

District Court, D. New Jersey · Jul 15, 2019

That case was assigned to Chief Judge Wolfson, who dismissed the complaint with prejudice based on sovereign and judicial immunity. The Third Circuit affirmed. Balice v. United States, 763 F. … Supp. 2d 345, 347-48 (D.N.J. 2007) (*The plain language of the statute clearly limits the right of removal to ‘defendants.’ . . .To interpret ‘defendant’ to include non-parties would produce an absurd result and would

RAMOS v. JETBLUE AIRWAYS CORPORATION

District Court, D. New Jersey · Oct 13, 2022

Under the ACAA, an air carrier, in the course of providing air transportation, may not “discriminate against an otherwise qualified individual” on the basis of disability. 49 USC § 41705. … Accordingly, I conclude that the ACAA and its regulations do not completely preempt Ramos’s negligence claim in Count III, and JetBlue cannot establish federal question jurisdiction on this basis.6

PERRI v. NOVARTIS PHARMACEUTICALS CORPORATION

District Court, D. New Jersey · Apr 16, 2020

Internal reporting, to be sure, can qualify as a protected activity under the FCA, provided that the protected activity concerns fraud on the government to obtain Medicare payments. … In the 1AC, Perri now alleges more clearly that he made a direct “internal complaint to his supervisor” that implicated not just the rebate disparity but its illegality. (DE 51, Opp.

WHITSETT v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · May 1, 2024

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. Zebley, 493 U.S. 521, 530 (1990)) (emphasis in original). … See Andrew S., 2022 WL 795746, at *4 (“Plaintiffs’ [sic] ability to care for his children is not so clearly probative of his ability ‘to regulate emotions, control behavior, and maintain well-being in’—specifically—'a work

EDWARDS v. WELLS FARGO BANK NATIONAL ASSOCIATION

District Court, D. New Jersey · Jan 5, 2023

Edwards, which affirmatively references Anthony Edwards as a plaintiff throughout, does not qualify as a claim that he represents Anthony Edwards. … being forwarded an email which states that an individual he has never met is “on board” with a lawsuit does not constitute a retainer agreement or the hiring of that attorney and does not qualify

TOBII TECHNOLOGY, INC. v. LEE S. WEINBLATT

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

To have a valid means-plus-function claim, “the patent specification must disclose with sufficient particularity the corresponding structure for performing the claimed function and clearly link that structure to the function … However, the only structural language in this description is “a processor with an internal clock,” which does not reflect a step-by-step procedure and cannot qualify as an algorithm.

August Uribe Fine Art, LLC v. Dartmilano SRL, Pier Giulio Lanza, Riccardo Manfrin, Maria Stellina Marescalchi, Fracassi Worldwide Shipping SRL, Oblyon Group, LLC, and Art Lending, Inc.; Sotheby’s, Inc. v. Dartmilano SRL, Pier Giulio Lanza, Riccardo Manfrin, and Art Lending, Inc.

District Court, D. New Jersey · Dec 19, 2025

But if the choice-of-law clause does not clearly apply and the dispute implicates the interests of multiple forums, New Jersey courts use the “most significant relationship test.” Id. at *4. … For this separate reason, DART also fails to qualify as a “buyer in the ordinary course of business.” Id.11 C.

GOODMAN v. UBS FINANCIAL SERVICES INC.

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

Even if the Guide did qualify as a disclosure, there is no indication in the CRA that the Guide, specifically, was meant to be incorporated. … The CRA clearly contemplates that UBS would provide Goodman with tax forms, including Form 1099. Given that UBS is required by law to do so, this is not surprising.

HARRIS v. FEIN, SUCH, KAHN & SHEPARD

District Court, D. New Jersey · Jan 21, 2021

To state a claim under the FDCPA, Plaintiff must establish that (1) she is a “consumer” who is harmed by violations of the FDCPA; (2) the “debt” at issue arises out of a transaction entered into primarily for personal, … App’x 811, 819 n.4 (3d Cir. 2004) (“[A] contention in a brief clearly may not be used to substitute for an allegation in a complaint.”) (citations omitted).

OYSTER POINT PHARMA, INC. v. APOTEX, INC.

District Court, D. New Jersey · Oct 1, 2024

The Federal Circuit has established this framework for the construction of claim language: We have frequently stated that the words of a claim ‘are generally … Apotex contends that the absence of that qualifier is evidence that “does not enter the bloodstream” is implied with regard to the “non-systemically bioavailable dose.”

NEW JERSEY BANKERS ASSOCIATION v. GREWAL

District Court, D. New Jersey · Jun 21, 2021

Ann. § 19:34-45 supports its interpretation: the phrase “pay or contribute,” together with the subsequent terms “any person” and “any political party,” qualifies the meaning of “pay” to be more consistent with a reading … Here, Grewal has established the risk of quid pro quo corruption and its appearance is real.

GUERREIRO v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Apr 22, 2022

“An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Williams v. Sullivan, 970 F.2d 1178, 1186 (3d Cir. 1992) (quoting Sullivan v. … The ALJ clearly based her reasoning and decision primarily on the medical exhibits, relying heavily on the progress notes of Nurse Eisenhower, as is within her prerogative.

BARNETT v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Dec 20, 2019

If such a finding is not clearly established by medical evidence, however, adjudication must continue through the sequential evaluation process. … On remand, the ALJ should independently reconsider whether Plaintiff’s mental impairments qualify as severe within the meaning of the Act.

SIECIENSKI-ANTINORO v. COMMISSIONER OF SOCIAL SECURITY

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

Furthermore, despite Plaintiff’s arguments to the contrary, the ALJ also clearly considered Plaintiff’s medication-induced fatigue. … With respect to opinion evidence, a determinable impairment must be established by “acceptable medical sources,” defined to only include licensed physicians, psychologists, optometrists, podiatrists, and qualified