Case law

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

Exxon Corp. v. Halcon Shipping Co.

156 F.R.D. 589 · District Court, D. New Jersey · Jun 14, 1994

The newly amended order established an October 8, 1993 deadline for additional experts. On October 8th, Exxon provided the reports of five experts: Ragnar 0. Mattson; James T. Powers; Robert J. … Exxon’s explanation for its late designation of Mara does not qualify as excusable neglect.

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

OROZCO v. MCKINLEY ELEMENTARY SCHOOL

District Court, D. New Jersey · Jan 10, 2025

These conclusory allegations are insufficient to establish a § 1983 claim against the Board under Monell. … Qualified Immunity Defendants argue that Plaintiff’s claims against Bartulovich should be dismissed because he is entitled to qualified immunity. Br. at 1.

State Troopers Non-Commissioned Officers Ass'n v. New Jersey

643 F. Supp. 2d 615 · District Court, D. New Jersey · Jul 9, 2009

However, Eleventh Amendment immunity is not absolute. … The revised Code, for the most part, is in keeping with the Code established by the New Jersey Supreme Court, and does no violence to the basic ethical standards set forth therein.

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

Butler v. Jack Wu

853 F. Supp. 125 · District Court, D. New Jersey · May 17, 1994

Plaintiffs claims clearly address the circumstances of his medical treatment under his health care plan and are thus preempted by ERISA. … As noted in Robbins , these individuals do not enjoy any statutory immunity. 264 N.J.Super. at 576 , 625 A.2d 45 .

Matter of Extradition of Sidali

899 F. Supp. 1342 · District Court, D. New Jersey · Sep 22, 1995

Notwithstanding the fact that the record of the judgment of conviction establishes probable cause, the Court also finds that there is sufficient independent evidence to establish probable cause. … Sidali is not immune from punishment by reason of lapse of time under the laws of either the United States or Turkey.

Rogers v. Alternative Resources Corp.

440 F. Supp. 2d 366 · District Court, D. New Jersey · Jul 27, 2006

Promotions In order to establish a prima facie case in a failure to promote claim, the plaintiff must prove by a preponderance that: (1) he is within a protected class; (2) he sought and was qualified for the promotion; ( … Rogers contends that he was qualified for his job and performed satisfactorily. 12 Furthermore, it is not contested that Rogers’s employment was terminated. *376 Rogers cannot establish the fourth prong of his prima facie

THE ESTATE OF SUZANNE BARDZELL v. GOMPERTS

District Court, D. New Jersey · Jan 27, 2021

, have the burden to establish it. … Prosecutors bear a “heavy burden” in establishing entitlement to absolute immunity; it is presumed “that qualified rather than absolute immunity is appropriate.” Id. at 207-08.

RICHARDSON v. ORIOLO

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

Pachtman, 424 U.S. 409 (1976), the Court applied established common law principles of immunity to a Section 1983 action against a prosecutor named Pachtman. … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.” Id. at 427.

Alim v. Byrne

521 F. Supp. 1039 · District Court, D. New Jersey · Jul 8, 1980

The Fourteenth Amendment to the Constitution provides that: *1044 No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person … Certain of the actions of plaintiffs were clearly not religious in nature. The maintenance of a checkbook and the sale of food to UARDSI members were not entitled to First Amendment protection.

Marrero v. Camden County Board of Social Services

164 F. Supp. 2d 455 · District Court, D. New Jersey · Oct 4, 2001

tort immunity where they are “exercising a privilege of the principal”. 563 A.2d at 42-43 . … An employer's duty to afford an employee the protections of the FMLA begins as soon as "the employee provides the employer with enough information to put the employer on notice that FMLA-qualified leave is needed.”

HESSEIN, M.D. v. UNION COUNTY PROSECUTOR'S OFFICE

District Court, D. New Jersey · Sep 19, 2022

“[T]o earn the protections of absolute immunity, a defendant must show that the conduct triggering absolute immunity ’clearly appear[s] on the face of the complaint.’” Fogle, supra (citing Wilson v. … “Thus, while we tend to discuss prosecutorial immunity based on alleged acts, our ultimate analysis is whether a defendant has established absolute prosecutorial immunity from a given claim.”

SUMMERVILLE v. NEW JERSEY STATE TROOPERS JOHN DOES 1-10

District Court, D. New Jersey · Oct 31, 2019

(DE 132) He clarifies in his reply that he means to press these arguments primarily in the context of qualified immunity. (DE 136) Local Rule 7.1(i) governs motions for reconsideration. … As to the initial stop, qualified immunity cannot be granted, if only because serious jury issues remain as to what Officer Gregory observed before ordering the detention.

BRIGHT v. HOEBICH

District Court, D. New Jersey · May 6, 2025

As the Complaint fails to contain any allegations sufficient to establish that either exception applies, judicial immunity bars all claims against the Chief Judge. See Kirkland v. DiLeo, 581 F. … App’x 531 (3d Cir. 2003) (finding housing inspectors are entitled to qualified immunity). CONCLUSION For the reasons set forth above, Defendants’ Motions to Dismiss are GRANTED.

MCLEOD v. FITZPATRICK MCGOUGH

District Court, D. New Jersey · Oct 24, 2022

Decisions on those matters clearly fall within a judicial capacity. … Second, as noted above, “New Jersey courts ‘have long recognized the existence of a qualified privilege that confers immunity upon a public official for defamation uttered in relation to matters committed by law to [his

United States v. State of New Jersey

530 F. Supp. 328 · District Court, D. New Jersey · Nov 13, 1981

establishes a prima facie case of a pattern of discrimination. … Where a pattern of discrimination has been established, a qualified minority applicant who is denied employment is entitled to a presumption that the denial was based on impermissible considerations, and it is the burden

Dehart v. US Bank, N.A. ND

811 F. Supp. 2d 1038 · District Court, D. New Jersey · Aug 18, 2011

’s first argument, Plaintiffs oppose dismissal by insisting that the letters need not qualify as a consumer contract because they qualify as “notices” under the statute. … Defendant contends that to state a claim under the TCCWNA, Plaintiffs must be “consumers” as defined under the statute, and that the notice must violate a clearly established right at the time it was sent.

Mance v. Quest Diagnostics Inc. Voluntary Separation Agreement Plan

237 F. Supp. 3d 217 · District Court, D. New Jersey · Feb 21, 2017

ERISA applies to “any employee benefit plan if it is established or maintained ... by any employer engaged in commerce.” 29 U.S.C. § 1003 (a). Severance plans may qualify as ERISA plans. See Alston v. Atl. Elec. … This further demonstrates the difficulty of objectively ascertaining the specific benefits due to qualifying employees.