Case law

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.

Public Interest Research Group v. United States Metals Refining Co.

681 F. Supp. 237 · District Court, D. New Jersey · Oct 1, 1987

Instead, defendant broadly asserts that all of its permit violations qualify as upsets. EPA’s regulations do not permit this type of blanket defense. … Defendant’s 1974 permit clearly prohibited, after March 31, 1976, daily discharges of zinc that exceeded 1.26 kilograms. NPDES Permit No.

SOMERSET v. CITY OF EAST ORANGE NEW JERSEY

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

The immunity is absolute and cannot be overcome by allegations of bad faith or malice. Mireles, 502 U.S. at 11. … Somerset must establish that: (1) he is disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions of the job, with or without reasonable accommodations by his

Barletta v. Golden Nugget Hotel Casino

580 F. Supp. 614 · District Court, D. New Jersey · Feb 15, 1984

a conspicuous manner in the casino a notice in bold face type clearly legible and in substantially this form: “Any gaming licensee or officer, employee or agent thereof who has probable cause for believing that any person … Additionally, the Code provision does not provide immunity from civil and criminal liability.

SANCHEZ v. SCOTT

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

Assuming, without finding, that Congress validly abrogated sovereign immunity for Plaintiff’s Title II ADA and RA claims,2 Plaintiff has not alleged sufficient facts to establish that he has a disability. … Plaintiff has not alleged facts to establish these elements of a § 1985(3) conspiracy claim. 10.

Wartsila NSD North America, Inc. v. Hill International, Inc.

299 F. Supp. 2d 400 · District Court, D. New Jersey · Dec 30, 2003

Because the Court disagrees with the depiction of Beisecker’s proffered testimony, and because Beisecker is clearly a qualified expert on the subject matter on which he proposes to testify, the Court finds that Hill’s objection … Far from being completely untestable (as Hill argues), Bei-secker’s method is applied to clearly identified passages from the transcript.

Howley v. Experian Information Solutions, Inc.

813 F. Supp. 2d 629 · District Court, D. New Jersey · Sep 27, 2011

Thomas, 740 F.2d 230, 235 (3d Cir.1984) (“the burden of establishing the facts which qualify a statement as an excited utterance rests with the proponent of the evidence.”). Plaintiffs simply state that “if Mr. … Statements made to establish a defense do not qualify for the exception. This ambiguity concerning Mr. Firlein’s intentions also undermines the claim that the letter falls within the exception. If Mr.

BIDWAI

District Court, D. New Jersey · Sep 2, 2026

Sovereign Immunity Plaintiff’s claims must first be dismissed because of Eleventh Amendment sovereign immunity. … Dep’t of State Police, 491 U.S. 58, 64, 67 (1989) (“We cannot conclude that § 1983 was intended to disregard the well-established immunity of a State from being sued without its consent.”); Seeney v. Kavitski, 866 F.

PERRY v. NEW JERSEY DEPARTMENT OF CORRECTIONS

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

For his disparate-treatment claims,° Plaintiff must establish that (1) he is a member of a protected class, i.e., that he is African American; (2) he was qualified for the position at issue; (3) he suffered an adverse … On these bases, Birardi’s directive cannot qualify as an adverse employment action.

Charlie H. v. Whitman

83 F. Supp. 2d 476 · District Court, D. New Jersey · Jan 27, 2000

However, generally speaking, 42 U.S.C. §§ 620-627 deal with the program established to supply federal funds to states for child welfare services and 42 U.S.C. §§ 670 -679a deal with the program established to supply federal … Clearly, the case law cited by Plaintiffs in support of their claim under the First and Ninth Amendment does not establish an absolute right to family integrity. See, e.g.

Fetter v. Maersk Line, Limited

District Court, D. New Jersey · Jan 27, 2020

Thus, 3MC is immunized from Fetter’s negligence claims pursuant to the LHWCA. G. … With this purpose in mind, the Supreme Court in Chandris articulated a two-prong standard to determine who qualifies as a Jones Act seaman.

RAMOS v. RARITAN VALLEY HABITAT FOR HUMANITY

District Court, D. New Jersey · Sep 12, 2019

“The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements.” Id. (citing FW/PBS, Inc. v. … To establish a prima facie showing of disability discrimination under, a plaintiff must demonstrate: “1) he or she has a disability; 2) he or she is otherwise qualified; and 3) he or she is being excluded from participation

WISE v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Nov 17, 2021

Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception to the immunity … A plaintiff must allege facts that “establish each individual [d]efendant’s liability for the misconduct alleged.” Id.

United States v. New Jersey

658 F. Supp. 9 · District Court, D. New Jersey · Oct 14, 1986

DISCUSSION The Justice Department in initiating this action, sought to enjoin use of the existing promotion lists because they were the product of clearly unlawful exams. … There is little question that this court has the discretion to order affirmative action here, even given the rigorous threshold these rulings establish.

WILLIAMS v. UNITED STATES OF AMERICA

District Court, D. New Jersey · Nov 17, 2021

Accordingly, New Jersey state agencies “established in the Executive Branch of State Government” qualify for Eleventh Amendment sovereign immunity, “regardless of the relief sought,” unless an exception to the immunity … A plaintiff must allege facts that “establish each individual [d]efendant’s liability for the misconduct alleged.” Id.

New Jersey Physicians, Inc. v. Obama

757 F. Supp. 2d 502 · District Court, D. New Jersey · Dec 8, 2010

To meet this burden, “the irreducible constitutional minimum of standing,” involving three elements must be established. Id. at 560 , 112 S.Ct. 2130 . … First, an association may have “standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.”

WILSON v. BIDEN, JR.

District Court, D. New Jersey · Nov 18, 2021

The Court, accordingly, finds that Wilson has established indigence and grants the IFP Application. B. The Court Dismisses Wilson’s Complaint. … Also, although unclear from the facts alleged in Wilson’s Complaint, the Court surmises that all Defendants may be entitled to immunity under the doctrine of qualified immunity. IV.

BAHGAT v. TOWNSHIP OF EAST BRUNSWICK

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

As such, Tota and East Brunswick are entitled to the enforcement of their qualified immunity as a matter of law. … As such, Bahgat’s malicious 7 Notably, the Supreme Court has held that qualified immunity is “an immunity from suit rather than a mere defense to liability” and that “like an absolute immunity, it is effectively lost

LOVE v. JOHN DOES 1-9

District Court, D. New Jersey · Jul 28, 2023

There is no genuine issue of fact that answering Defendants are immune from liability pursuant to the common law doctrine of qualified immunity. 9, There is no genuine issue of fact that Plaintiffs damages … Here, the Plaintiff's numbered paragraphs refer to affirmative defenses, such as res judicata, collateral estoppel, immunity, qualified immunity, and exhaustion, but he does not provide any legal arguments showing that

Ocean City Express Co. v. Atlas Van Lines, Inc.

46 F. Supp. 3d 503 · District Court, D. New Jersey · Sep 11, 2014

Consequently, the Court notes that, in order to satisfy the “place of business” requirement under the NJFPA, the contractual *509 agreement must “ ‘contemplate or require’ the franchisee to establish or maintain a place of … The agency agreement in this instance, however, clearly requires Plaintiff to "solicit[,]” "book[J” and "haul shipments” under Defendant’s authority. (Ex. A [Docket Item 18].) . .