Case law

Bender v. Smith Barney, Harris Upham & Co.

901 F. Supp. 863 · District Court, D. New Jersey · Oct 27, 1994

The governing law alleged to have been ignored by the arbitrators must be well defined, explicit, and clearly applicable. … The information *868 provided to the court establishes that, at all relevant times, Mr. Boyd was qualified to adjudicate plaintiff’s claims. The affidavit of John J.

Kalick v. United States

35 F. Supp. 3d 639 · District Court, D. New Jersey · Jul 30, 2014

Rowan further argues that it is an arm of the state and therefore is entitled to sovereign immunity. … The student failed an examination that was required to qualify for the final two years of the program.

CIRRINCIONE

District Court, D. New Jersey · Jul 20, 2026

immunity. … While Plaintiff concedes that dismissal against the Court does not reach the issue of qualified immunity.

Ford v. Ford Motor Co.

311 F. Supp. 3d 667 · District Court, D. New Jersey · Oct 27, 2017

An area of one component caught Zazula's attention, as solidification of the plastic did not allow him to see the area clearly. … He *679 stated that, "[w]hen you have an arc that results in a bead, that clearly indicates the presence of [an] abnormal ... electrical event.

THOMAS v. TRUMP

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

Typically, class counsel “must be qualified, experienced, and generally able to conduct proposed litigation,” but courts have not established a definite standard “for what constitutes sufficient legal expertise.” … Plaintiff, however, provides no explanation as to why he is qualified to represent this proposed class action.

United States v. Abraham

29 F. Supp. 2d 206 · District Court, D. New Jersey · Nov 23, 1998

They confer benefits under the immunity statute, too. … does not itself afford the benefit of immunity, but rather moves the court to grant it, so § 201(c)(2) does not implicate the immunity statute.

REDDICK v. HICKS

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

Qualified Immunity Defendants Ellis, Fitzpatrick, and Clark argue that they are entitled to qualified immunity because there was no clearly established right at the time … “[T]he judicially created doctrine of qualified immunity” shields governmental officials from suit and from liability if their conduct “does not violate clearly established statutory or constitutional rights of which a

ROSARIO v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE

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

However, qualified immunity is only proper when “(1) the facts alleged show the officer’s conduct did not violate a constitutional right, or (2) the right violated was not clearly established in light of the specific context … However, when facts in a complaint are not clear with respect to meeting either prerequisite for qualified immunity, it cannot be grounds to grant a motion to dismiss.

SEVERINO v. NEW JERSEY DEPT OF HUMAN SERVICES

District Court, D. New Jersey · Jun 25, 2024

to identify a clearly established right that has been violated. … plaintiff has not adequately identified the violation of a clearly established right.

Sarlo v. Wells Fargo Bank, N.A.

175 F. Supp. 3d 412 · District Court, D. New Jersey · Mar 24, 2015

First, the February 6, 2009 letter from Defendant to Plaintiffs clearly showed that Plaintiffs were merely being considered for a loan modification. … Aside from the letter offer, which stated clearly that the letter was “not a guarantee or approval of the loan modification,” Lawrence Sarlo’s own testimony indicated that he believed a decision had never been made on whether

Watson v. DiSabato

933 F. Supp. 390 · District Court, D. New Jersey · Jul 10, 1996

some date that the Board could have established. … The Court notes that the defendants have not argued that they possess any type of immunity.

LOUIS ANTHONY MAYE v. STEPHEN L. PETRILLO, GRACE SPENCER, LISA M. AUDUBATO

District Court, D. New Jersey · Jun 25, 2026

Plaintiff's IFP application establishes Plaintiff's financial eligibility to proceed without prepayment of the filing fee and is GRANTED. … In determining whether an act qualifies as a “judicial act,” courts look to “the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether

Pica v. Sarno

907 F. Supp. 795 · District Court, D. New Jersey · Sep 5, 1995

As will be discussed below, the restriction is clearly content-based at least as to window signs. … Samo did not raise the issue of absolute or qualified immunity in his motion and the Court therefore will not consider it. The Court notes, however, that Samo may only invoke immunity in his individual capacity.

Way v. Ohio Casualty Insurance

346 F. Supp. 2d 711 · District Court, D. New Jersey · Dec 2, 2004

was established or is maintained for the purpose of providing for its participants or their beneficiaries ... … The Pay Plan clearly indicates an intent to “pay benefits, depending on the type of termination, to employees whose employment is terminated by the Company.” (Separation Pay Plan, Answer, Ex. A, p. 1.)

South Camden Citizens in Action v. New Jersey Department of Environmental Protection

145 F. Supp. 2d 505 · District Court, D. New Jersey · May 10, 2001

Ash the plaintiff must establish that Congress intended the remedy. … Hawaiian Homes Comm’n, 739 F.2d 1467, 1470-71 (9th Cir. 1984) (concluding that plaintiffs could bring § 1983 action because the statute at issue clearly mandated that the trust at issue be established for benefit of Hawaiians

LYAK v. CITY OF HACKENSACK

District Court, D. New Jersey · Mar 5, 2025

Qualified Immunity “The principles of qualified immunity shield an officer from personal liability when an officer reasonably believes that his or her conduct complies with the law,” Pearson v. … “The qualified immunity inquiry contains two prongs; (1) whether the facts alleged by the plaintiff show the violation of a constitutional right, and (2) whether the law was clearly established at the time of the violation

GAMBINO v. AHSA CASSANO

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

“[O]fficers are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established … The Court denies qualified immunity at this time.

Zig Zag Spring Co. v. Comfort Spring Corporation

89 F. Supp. 410 · District Court, D. New Jersey · Mar 9, 1950

This denial casts upon the plaintiff “the burden to establish ownership in itself, absolute or qualified, with a right of exclusive possession at the time of bringing the action”. Merchants’ Securities Corp. v. … This is clearly not conducive to the efficient administration of justice.

ESTATE OF SAULO DEL ROSARIO v. PATERSON POLICE DEPARTMENT

District Court, D. New Jersey · Jan 23, 2020

clearly established’ at the time of defendant’s alleged misconduct.” … See Giles, 571 F.3d at 326 (finding issues of fact may preclude ruling on qualified immunity question at summary judgment).

SLIPPI-MENSAH v. MILLS

District Court, D. New Jersey · Jun 25, 2020

Thus, regardless of For Plaintiff’s claims against Defendants acting in their personal capacity, the qualified immunity doctrine governs the analysis.10 “Qualified immunity shields government … It is the defendant’s burden to establish entitlement to qualified immunity. Kopec v. Tate, 361 F.3d 772 (3d Cir. 2004).