Case law

Industrial Highway Corp. v. Danielson

796 F. Supp. 121 · District Court, D. New Jersey · Jul 6, 1992

Section 1331, the federal question statute, does not in itself abrogate the United States’ sovereign immunity. Voluntary Purchasing Groups, Inc. v. … Thus, the decision to suspend use of the nationwide permit before any rights have been established under it is not necessarily the Corps’ “last word” on the subject.

Chiniewicz v. Henderson

202 F. Supp. 2d 332 · District Court, D. New Jersey · Apr 22, 2002

Slager testified that plaintiffs disability “makes him not qualified to be a manager.” Slag-er dep. at 127: 13-14. … Slager, clearly indicates otherwise. See Slager dep. at 32, 33, 37; DeSoto dep. at 352.

Johnson v. Guhl

166 F. Supp. 2d 42 · District Court, D. New Jersey · Sep 24, 2001

In their second amended complaint, 2 Plaintiffs challenge the treatment of the CSATs as countable resources in determining Medicaid eligibility and seek immunity from its application to them. … Judge Bassler explained that: The purpose of the trust is to qualify the institutionalized spouse for Medicaid benefits.

DAVENPORT v. NEW JERSEY BOARD OF PUBLIC UTILITIES

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

Here, the personal capacity NJLAD claims fail because, as the Court has explained, the 6 Because this ground for dismissal is well established, the Court does not reach the NJBPU is immune from suit in federal court … SECTION 1983 The NJBPU is immune from suit under section 1983 based on Eleventh Amendment sovereign immunity. (See ECF No. 17 at 6-8.)

Environmental Tectonics Corp. v. W.s. Kirkpatrick & Co.

659 F. Supp. 1381 · District Court, D. New Jersey · May 1, 1987

As such the State Department fails to clearly “sign off” on the application of the act of state doctrine in this case. … The magistrate’s decision to uphold Carpenter’s Fifth Amendment claim has not been shown to be clearly erroneous or contrary to law.

Sarmiento v. Montclair State University

513 F. Supp. 2d 72 · District Court, D. New Jersey · May 9, 2007

Plaintiff’s Prima Facie Case To establish a prima facie case of discriminatory failure to hire under Title VII, Plaintiff must show (1) that he is a member of a protected class; (2) that he sought and was qualified for a … qualified.

Carpet Group International v. Oriental Rug Importers Ass'n

256 F. Supp. 2d 249 · District Court, D. New Jersey · Feb 28, 2003

Defendants claimed Noerr-Pennington immunity. … continuation of a long established and successful form of distribution.”

Danowski by Danowski v. United States

924 F. Supp. 661 · District Court, D. New Jersey · May 3, 1996

This statute is clearly intended to prevent double recoveries. See Davish v. … This is clearly not so in the instant case.

Hyundai Corp., U.S.A. v. Hull Insurance Proceeds of the M/V Vulca

800 F. Supp. 124 · District Court, D. New Jersey · Aug 10, 1992

Clearly, if a party can be shown to have issued a bill of lading that is covered by COGSA, that party should bear liability as a COGSA carrier. … The Practical Test Even if Hyundai is unable to establish that Merchant Marine authorized the bill of lading, it may establish that Merchant Marine is a COGSA carrier by showing that Merchant Marine (1) was involvéd in the

ONUEKWUSI v. GRAHAM

District Court, D. New Jersey · Mar 22, 2021

Qualified immunity “shields government agents from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Because qualified immunity protects government agents from suit, it “should be resolved as early as possible.” Id. The inquiry into qualified immunity, however, is fact intensive.

Vega v. United States

269 F. Supp. 2d 528 · District Court, D. New Jersey · Jun 12, 2003

Therefore, we accept the petitioner’s factual allegations as true, unless the record establishes that they are clearly frivolous. United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992); Forte, 865 F.2d at 62 . B. … CONCLUSION The Court finds that petitioner has not met his burden to establish a right to relief under 28 U.S.C. § 2255 .

Gerber Industries, Inc. v. Bildisco (In Re Bildisco)

11 B.R. 1019 · District Court, D. New Jersey · Jun 25, 1981

Gerber views the consignment as a “true consignment” by stressing that the agreement provides: for title to remain in Gerber; for the inventory to be clearly marked as Gerber’s; for the inventory to be segregated from all … It may mean that perfection immunizes the consigned goods from all attacks made by creditors (including those prior in time) or only from those attacks by creditors whose claims were made after perfection (thus recognizing

NL Industries, Inc. v. Commercial Union Insurance

144 F.R.D. 225 · District Court, D. New Jersey · Oct 16, 1992

Privileges protecting NL’s litigation documents Work Product Doctrine Fed.R.Civ.P. 26(b)(3) establishes a qualified immunity from the discovery of work product. … Here the communications are clearly privileged from disclosure at the instance of a third person.

Citizens First National Bank v. United States

288 F. Supp. 750 · District Court, D. New Jersey · Sep 9, 1968

Plaintiff is the duly qualified and acting executor and trustee of his estate. Decedent’s wife, Mary Louise Tricker, survived him, but has since died. … The court will not substitute its judgment for that of the testator where his intention can clearly be gathered from the four corners of the will.

LE. L. v. BURLINGTON COUNTY

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

Second, she argues that she is entitled to qualified immunity. [Id. at 17–21.] Third, she argues that she is entitled to sovereign immunity in her official capacity. [Id. at 21–23.] … Further development of the record is required here before the Court can undertake a qualified immunity analysis.

Schaeuble v. Reno

87 F. Supp. 2d 383 · District Court, D. New Jersey · Mar 6, 2000

Sovereign immunity does not apply, however, to suits seeking solely declaratory and injunctive relief. … Therefore, Plaintiffs claims against the United States are not barfed by the doctrine of sovereign immunity. B.

Donoghue v. Behler

429 F. Supp. 403 · District Court, D. New Jersey · Mar 25, 1977

Recent Supreme Court decisions establish that no action against a municipality for money damages or for equitable relief may be maintained under § 1983 or § 1985 of the Civil Rights Act. … Clearly, plaintiff’s Civil Rights Act claims against the Township must fall, and so must jurisdiction predicated on 28 U.S.C. § 1343 . Plaintiff concedes as much.

Morris v. Siemens Components, Inc.

928 F. Supp. 486 · District Court, D. New Jersey · May 31, 1996

that she is a ‘qualified individual with a disability1 accorded protection under the ADA. … statement made by an employee of Zurich, MSC’s workers’ compensation carrier, does not constitute an employment contract primarily because the statement was not a statement made by Plaintiffs employer, and therefore is clearly

Mayer v. Gottheiner

382 F. Supp. 2d 635 · District Court, D. New Jersey · Aug 10, 2005

Long Beach Police Dept., 105 Fed.Appx. 549, 550 (5th Cir.2004) (holding that an officer, who chased and tackled a 100 pound teenage girl being arrested for truancy, was not entitled to qualified immunity because his actions … Because the Court ruled on the merits of plaintiff’s federal constitutional claims, it did not address the applicability of qualified immunity.

NATIONAL SHOOTING SPORTS FOUNDATION v. PLATKIN

District Court, D. New Jersey · Jan 31, 2023

The term ‘qualified civil liability action” means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a … In reply, NSSF argues the “significant chilling effect A1765 has on constitutionally protected, truthful speech, plus the loss of immunity from suit” is sufficient to establish irreparable injury.