Case law

MALIK

District Court, D. New Jersey · Jan 21, 2026

However, the statement clearly means they met following the entry of the April 16, 2024 Order. … [H]owever, the Court cannot find that counsel’s prior illness is sufficient to qualify as an ‘extraordinary circumstance’ under Rule 60(b)[].”); Carcello, 192 F.R.D. at 64 (“[I]llness alone is not a sufficient basis for

SACCO v. SAUL, COMMISSIONER OF SOCIAL SECURITY

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

In August 2016, Plaintiff established primary care at Hunterdon Family Medicine at Highlands. (A.R. 955-58.) … While the record reveals that Plaintiff earned $450 in the first quarter of 2017, the ALJ found this did not qualify as substantial gainful activity. (A.R 12.)

M.N. v. SPARTA TOWNSHIP BOARD OF EDUCATION

District Court, D. New Jersey · Nov 7, 2022

Section 504 of the Rehabilitation Act provides that “[n]o otherwise qualified individual with a disability in the United States .. . shall, solely by reason of his or her disability, be excluded from the participation in … The Fry Court clearly indicated that a district court must look past artful pleading and labels to determine “the crux—or, in legal-speak, the gravamen—of the plaintiff's complaint” in deciding whether exhaustion is necessary

JONES

District Court, D. New Jersey · Jan 6, 2026

The Appellate Division affirmed the denial of relief on May 19, 1997, holding that the petition was clearly barred by New Jersey Court Rules 3:22-5 and 3:22-12. [] The Supreme Court of New Jersey denied certification … was given a ‘life sentence through that process from a death qualified jury” was meritless, as his sentence was in the “authorized range” and not “illegal.” Id. at * 2-3.

ALI v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Aug 5, 2024

Regulations promulgated under the Act establish a five-step process for determining whether a claimant is disabled for purposes of SSDI. 20 C.F.R. § 404.1520. … Plaintiff claims the hydrocephalus is “clearly a medically determinable impairment (MDI) . . . as it is conclusively noted on the CT scan and the MRI of the brain.” (Id.)

LOYAL-T SYSTEMS LLC v. AMERICAN EXPRESS COMPANY

District Court, D. New Jersey · Oct 3, 2024

That said, “the mere fact that a defendant has advertised that it has a place of business or has even set up an office is not sufficient [to qualify as a regular and established place of business]; the defendant must actually … In general, courts permit venue discovery “unless the plaintiff’s claim is ‘clearly frivolous.’” Toys “R” Us, Inc. v.

LAX v. ATLANTIC CITY

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

The law quite clearly supports the Gilmore Defendants’ position. … Guided by Druz, such allegations are insufficient to establish a special grievance.

SAVE LONG BEACH ISLAND v. UNITED STATES DEPARTMENT OF COMMERCE

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

Next, Interior sells the leases to the highest responsible qualified bidders. . . . [A]t the third and fourth stages, .. . … Clearly, according to Plaintiffs’ own Complaint, all ITAs have expired and, thus, are no longer active.

EADY v. TAPFURY LLC

District Court, D. New Jersey · Apr 1, 2022

Notwithstanding, Eady cites two pieces of evidence to establish Defendants’ knowledge. (Eady Mov. Br. at 6; Eady Opp. Br. at 8). … The terms of the Account Agreement here clearly explained the actions that Sovereign eventually undertook.

TRANSAMERICA LIFE INSURANCE COMPANY v. DAIBES GAS HOLDINGS ATLANTA, L.L.C.

District Court, D. New Jersey · Apr 20, 2021

Defendants first argue that, because this case was filed first, relative to the Foreclosure Action, it does not qualify as a later case. … established elements have been met.”

UMG RECORDINGS,INC. v. RCN TELECOM SERVICES, LLC

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

“[T]he lines between direct infringement, contributory infringement[,] and vicarious liability are not clearly drawn.” Broad. Music Inc., 2017 WL 2804951, at *4. … This is clearly sufficient to state a claim on the first element of vicarious liability.”).

Alexander v. Primerica Holdings, Inc.

811 F. Supp. 1025 · District Court, D. New Jersey · Jan 7, 1993

, the “Defendants”). 1 Plaintiffs brought suit to declare and enforce their rights to medical insurance benefits, life insurance benefits and survivor income benefits under a retirement welfare benefit plan (the “Plan”) established … Beginning in 1957, American Can maintained the Plan which is a retirement welfare benefits plan for qualified salaried employees who retired. Id., ¶ 21 .

KAILA v. GARLAND

District Court, D. New Jersey · Jan 25, 2022

“If the moving party meets its burden, the burden then shifts to the non-movant to establish that summary judgment is inappropriate.” Id. … application clearly “shut off a line of inquiry which is relevant to the alien’s eligibility and which might well have resulted in a proper determination that he be excluded.” See id.

Palladino Ex Rel. US v. VNA OF SOUTHERN NJ

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

Clearly, then, Ms. Palladino is alleging that Ms. … Looking to the statute, he noted that the plain language clearly extends liability to the employment relationship. Id. at 709 .

ELLISON v. AMERICAN BOARD OF ORTHOPAEDIC SURGERY, INC.

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

asserts one count based on alleged violations of federal antitrust law in relation to the certifications ABOS provides to certain qualifying physicians (“Board Certification”). Dr. … To establish liability under section 1, a plaintiff must demonstrate that the challenged practice imposed an unreasonable restraint on trade.

VALENCIA ZAFRA v. UNITED STATES OF AMERICA

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

Plaintiff also did not submit her own supplemental statement to establish any facts in opposition. See L. Civ. … The statute also waives the federal government’s sovereign immunity for personal injury claims “under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law

HESTER v. COMMISSIONER OF SOCIAL SECURITY

District Court, D. New Jersey · Dec 29, 2022

Specifically, the plaintiff bears the burden of demonstrating how her impairments, whether individually or in combination, amount to a qualifying disability. Bowen v. … Defendant argues that the law allows for the Court to look at the entire ALJ decision for meaningful review, and that when the ALJ’s decision is “read as a whole,” it is clearly shown that Plaintiff’s mental impairments

760 NEW BRUNSWICK URBAN RENEWAL LIMITED LIABILITY COMPANY v. NAVIGATORS SPECIALTY INSURANCE COMPANY

District Court, D. New Jersey · Jan 28, 2021

For Plaintiffs to qualify as third-party beneficiaries under New Jersey law, they must show that the pertinent contract was “made for the benefit of [that] third party within the intent and contemplation of the contracting … Here, DeNovo’s claim against Navigators is clearly based on the Navigators Policy—a “valid and unrescinded contract.”

RUGGIERO v. ELI LILLY AND COMPANY

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

At step one, to establish a prima facie case of discrimination, a plaintiff must demonstrate that (1) she is a member of a protected class; (2) she is qualified for the position; (3) she was subject to an adverse employment … Aug. 10, 2009) (employee’s claims of “failure to train, failure to supervise, [and] failure to warn” “clearly” fall within the province of the 15 NIWCA); Cremen vy.

SHUI v. WANG

District Court, D. New Jersey · Dec 8, 2023

shall be desirous of selling or transferring their share and interest in the Company shall give the right of first refusal to purchase said share and interest at the same price as being offered by a bona fide and qualified … As to the first, Wang and Fan’s offer clearly was not accepted, elsewise this litigation would not have proceeded.