Case law

Estate of Reddert v. United States

925 F. Supp. 261 · District Court, D. New Jersey · Apr 10, 1996

United States, 834 F.Supp. 694, 704 (D.N.J.1993) (“the Taxpayers [must].... come forward with a clearly applicable Code provision allowing their deduction”). … Other Grounds Asserted Are Moot The other grounds upon which the Government argues the Trust does not qualify for a charitable estate tax deduction, including the lack of ascertainable value and failure to qualify under sections

In Re Grand Jury Subpoena (Psychological Treatment Records)

710 F. Supp. 999 · District Court, D. New Jersey · Apr 4, 1989

Thus, although the concept of the qualified privilege permits courts to uphold or reject privilege claims in light of the particulars of an individual case, the decision to recognize a qualified privilege must still follow … We are aware that privileges do not confer “absolute” or “unqualified” immunity upon *1005 their holders. 8 Lora v.

BROWN v. SMITH

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

The Court will deny qualified immunity at this time. … The Court will deny qualified immunity without prejudice.

SCHWESTER v. BOROUGH OF FAR HILLS

District Court, D. New Jersey · Jul 11, 2025

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … constitutional right is clearly established.”

Hartford Associates v. United States

792 F. Supp. 358 · District Court, D. New Jersey · Mar 30, 1992

Pachtman, 424 U.S. 409, 424-31 , 96 S.Ct. 984, 992-95 , 47 L.Ed.2d 128 (1976) (prosecutorial immunity). … Thus, plaintiffs cannot establish irreparable harm.

Fitzgerald v. Shore Memorial Hospital

92 F. Supp. 3d 214 · District Court, D. New Jersey · Mar 13, 2015

Plaintiff must first establish that (1) she was disabled within the meaning of the statute; *236 (2) she was qualified to perform the essential functions of the position of employment; and (3) she suffered an adverse employment … Such conduct does not establish adverse employment action. See Cortes v.

THOMAS

District Court, D. New Jersey · May 26, 2026

substantive or procedural due process rights under the Fourteenth Amendment and, even if he could establish a due process violation, they are entitled to qualified immunity because the right was not clearly established … Accordingly, the Court concludes that Defendants are entitled to qualified immunity because the due process right at issue was not clearly established at the time the conduct occurred. IV.

May v. Cooperman

582 F. Supp. 1458 · District Court, D. New Jersey · Mar 28, 1984

Resonable rates of compensation can readily be established. … The discovery issues raising questions of state legislators’ immunity and the application of the free exercise and establishment clause to enforced moments of silence as distinguished from verbal prayer were novel.

COTTMAN v. FARABELLA

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

Farabella also contends that even if such a theory of liability is viable, he is entitled to qualified immunity. … As a result, qualified immunity will be upheld on a 12(b)(6) motion only when the immunity is established on the face of the complaint.”).

United States v. Simone

627 F. Supp. 1264 · District Court, D. New Jersey · Jan 30, 1986

The idea of a perjury trap is related to the statutory defense of entrapment; however, it does not fit within the established framework of an entrapment defense. … Clearly, Simone was well informed by the government of its reasons for wanting to disqualify him prior to testifying under oath.

CHENG v. United States

District Court, D. New Jersey · Oct 26, 2023

Dec. 26, 1995) (“[T]he alleged violation must have been committed by an agency or officer of one of the 50 states; an action by a federal agency or officer does not qualify.”); see also Geschke v. Soc. Sec. … Nor is the Court ruling that Plaintiff has established a violation. Instead, the Court is permitting these claims to go forward beyond screening. L. Civ. R. 5.3(c)(3).

SEGURA v. GREYSTONE PARK PSYCHIATRIC HOSPITAL

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

However, Plaintiff contends Defendants “have not established that they have qualified immunity in this matter.” (ECF No. 64 at 32.) … Additionally, the Court notes it would be premature at this time to determine whether Defendants are entitled to qualified immunity.

Cordy v. Sherwin-Williams Co.

156 F.R.D. 575 · District Court, D. New Jersey · Apr 25, 1994

It is likely that he has sufficient training, education and knowledge to qualify as an expert witness in this case. 2. … Though not clearly mandated by Rule of Professional Conduct 1.10(a), 13 the rationale for that Rule clearly applies here.

In Re Grand Jury Empaneled February 5, 1999

99 F. Supp. 2d 496 · District Court, D. New Jersey · May 24, 2000

City of Chester, 612 F.2d 708, 715 (3d Cir.1979), the Third Circuit established a qualified federal common law privilege for journalists to refuse to disclose their confidential sources. … Clearly the motivation and credibility of Grieser are pertinent to the grand jury’s deliberations.

City of New Brunswick v. Borough of Milltown

519 F. Supp. 878 · District Court, D. New Jersey · Aug 11, 1981

Otherwise, one would be able to obtain immunity from state regulation by making private contractual arrangements. This principle is summarized in Mr. … User charges clearly provide such an incentive to each discharger into a waste treatment system.

COLLICK v. WILLIAM PATERSON UNIVERSITY

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

Defendants appealed from the qualified immunity ruling, but the Third Circuit affirmed. Collick v. William Paterson Univ., 699 F. … Qualified immunity shields § 1983 and NJCRA defendants from liability unless (1) they violated a constitutional right, and (2) that right was clearly established. Williams v.

Bertolotti v. AutoZone, Inc.

132 F. Supp. 3d 590 · District Court, D. New Jersey · Sep 22, 2015

action; and (4) the employer sought to, or did fill the position with a similarly-qualified person. … In order to rebut the presumption of public access, the party seeking confidentiality must demonstrate “good cause” by establishing that disclosure will cause a “ ‘clearly defined and serious injury to the party seeking closure

CONSTANTINE v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE

District Court, D. New Jersey · Mar 24, 2023

Plaintiff, however, maintains that Defendants are not immune and that he has established a plausible cause of action. (Pla. Br., ECF No. 38). … To establish a violation of Title II of the ADA, a plaintiff must allege that: “(1) he is a qualified individual with a disability; (2) he was either excluded from participation in or denied the benefits of some public

PHILLIPS v. NEW JERSEY TRANSIT

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

(id. at 15–17); (3) qualified immunity should be denied (id. at 17–18); and (4) Ayala’s and the State Defendants’ motions to dismiss all remaining claims are premature (id. at 18). … Plaintiff specifically alleges that Officer Bernal and Sergeant Wells “acted under the color of state law” and in “violation[] of [P]laintiff’s clearly established constitutional rights,” which leads the Court to construe

DAVIS v. COUNTY OF CAPE MAY

District Court, D. New Jersey · Sep 18, 2019

Qualified Immunity Defendants collectively assert that they enjoy qualified immunity from suit, but do not analyze any claims as to any individual Defendants’ actions, … Consequently, as applied to Defendant Mellina, it appears that he only seeks qualified immunity under prong one of the qualified immunity analysis.