Case law

Zdrok v. v. Secret Catalogue, Inc.

215 F. Supp. 2d 510 · District Court, D. New Jersey · Aug 13, 2002

The rules of claim preclusion are well-established in the Third Circuit. … This behavior clearly distinguishes this case from Covington.

Hudson's Bay Co. Fur Sales v. American Legend Cooperative

115 F.R.D. 337 · District Court, D. New Jersey · Apr 20, 1987

In an attempt to counter this established principle, Hudson suggests there is distinction between facts and evidence. … This situation clearly falls within the ambit of Rule 60(b); a party may thus seek relief from judgment if he meets certain other requirements.

Poling v. K. Hovnanian Enterprises

99 F. Supp. 2d 502 · District Court, D. New Jersey · May 24, 2000

Thus a single injury that occurs prior to the predicate act that establishes the pattern will be within the statute of limitations. 12 . … Jamieson clearly has absolute qualified judicial immunity in this case and the Complaint must be dismissed as against him for that additional reason. See Lockhart v.

Tegler v. Global Spectrum

291 F. Supp. 3d 565 · District Court, D. New Jersey · Feb 14, 2018

If somebody is qualified, we have to consider them seriously for the role and you can't hire anybody less qualified who's not African[-]American.' " Id. at 50 . … To establish a prima facie case of termination based on age, Plaintiff must establish that (1) she was a member of a protected class; (2) she was qualified for the position from which she was discharged, or, stated differently

Weihrauch v. International Union of Electrical

272 F. Supp. 472 · District Court, D. New Jersey · Aug 1, 1967

A suit to enjoin a trusteeship of this nature is no more the type of dispute sought to be immunized from precipitous injunction under Section 7 of NorrisLaGuardia, than it is the type of dispute protected from any injunction … Section 301 clearly applies to contracts other than collective bargaining agreements. Retail Clerks Intern. Ass’n v. Lion Dry Goods, 369 U.S. 17 , 82 S.Ct. 541 , 7 L.Ed.2d 503 (1961).

Morisky v. Public Service Electric & Gas Co.

191 F.R.D. 419 · District Court, D. New Jersey · Feb 23, 2000

They also cannot establish that all or some of these forty employees later chose to join the lawsuit. … Thus, there is clearly a substantial need for the material in this case. .

MURRAY-BEY v. BARNS

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

This conduct clearly involves the “investigation and enforcement of the criminal laws.” Wright, 778 A.2d at 464. Accordingly, the first factor is satisfied. See Hoffman, 2023 WL 8271806, at *4. … “Next, the prosecutor’s office’s ‘status as a constitutionally established office’ satisfies the second Fitchik factor.” Id. (quoting Est. of Bardzell v. Gomperts, 515 F.

State v. Hock

54 N.J. 526 · Supreme Court of New Jersey · Oct 20, 1969

In taking Bird out with him to go through the car, the officer had two motives, one stated expressly and the other clearly inferable, but both in our judgment lawful. … Therefore the ground of appeal will not be considered unless it qualifies as plain error, that is, legal impropriety in the charge prejudicially affecting the substantial rights of the defendant and sufficiently grievous

Gerardo v. NJ State Parole Bd.

221 N.J. Super. 442 · New Jersey Superior Court Appellate Division · Dec 9, 1987

. *446 We find the discovery contention to be clearly without merit. R. 2:11-3(e)(1)(E). … The right to be represented by an attorney or other qualified person. 3. The right to remain silent. 4.

United States v. Markus

604 F. Supp. 736 · District Court, D. New Jersey · Mar 15, 1985

App., 1/4/83 Transcript at 79, 85, such was clearly not the case. Indeed, the court’s ruling was based solely upon and directed toward the indictment itself. … Scott established that, even absent the delay in moving which occurred here and in Lee , midtriai dismissals do not bar re-trial, as had been held in United States v.

Lozano v. Frank DeLuca Construction

178 N.J. 513 · Supreme Court of New Jersey · Mar 10, 2004

Apart from the reference to “sponsored” activities in the Joint Statement, the Legislature did not qualify the phrase “recreational or social activities.” Cotton v. … Williams, 639 P.2d 1222, 1224 (Okla.1981) (noting that “[o]ne who is expressly required to participate [in a *532 recreational activity] is clearly furthering the master’s business”).

HIGHVIEW TERRACE APARTMENTS v. ABULKHAIR

District Court, D. New Jersey · Mar 4, 2021

While the pleadings do not clearly establish Plaintiff's citizenship, the Complaint alleges that Defendant owes “$.00" in debt for the apartment. (Compl. *8.) … Once again, it is black- letter law that in order to satisfy the well-pleaded complaint rule, “[a] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of

A.A. v. Attorney General

384 N.J. Super. 67 · New Jersey Superior Court Appellate Division · Mar 17, 2006

Having determined that the “special law enforcement concerns” furthered by this Act qualify as “special needs,” we *96 consider whether the identification program established is “reasonable” when “the strength of the government … The database established by this Act cannot be accessed for any such purpose.

DURONIO v. PARKER

District Court, D. New Jersey · Aug 22, 2024

Two-Part Bivens Test There is a “well-established two-part test for implying a Bivens remedy.” Xi, 68 F.4th at 833. … and/or sovereign immunity, such that Defendants are immune from suit.

WATSON

District Court, D. New Jersey · Feb 27, 2026

Qualified Immunity and Punitive Damages The Moving Defendants move to dismiss the federal and state constitutional claims based on qualified immunity. … violation and (ii) whether the asserted constitutional right is clearly established.”

Borteck v. RIKER, DANZIG

362 N.J. Super. 284 · New Jersey Superior Court Appellate Division · Jul 21, 2003

The Court reasoned that to do so would allow the firm the benefits of a covenant that was clearly contrary to public policy and unenforceable. Ibid.; see also Katchen v. … It cites the requirement that a partner must be fifty-five years of age to qualify for the early retirement benefit.

Shapiro v. Mertz

368 N.J. Super. 46 · New Jersey Superior Court Appellate Division · Apr 8, 2004

The Shapiros contend that Andrew is well qualified on the merits because of his experience and dedicated service. … Under these definitions, Kathleen clearly falls within the scope of the Ethics Law. The Ethics Law was enacted in 1991, L. 1991, c. 29, based upon the Legislature's findings that: a.

Silagy v. STATE OF NJ AND COUNTY OF MERCER

101 N.J. Super. 455 · New Jersey Superior Court Appellate Division · May 15, 1968

It is alleged these payments clearly arose from the employer-employee relationship; therefore the sole issue as to this portion of the appeal is whether the petitioner was injured in an accident arising out of and in the … However, there are various situations in which the control test is not the dispositive factor *460 in establishing an employer-employee relationship.

Cardinale Trucking Company v. United States

232 F. Supp. 339 · District Court, D. New Jersey · Jun 15, 1964

In this context, however, we-do not think that a right to trial. de novo is automatically established merely because the Commission denied a petition for rehearing which, invoked constitutional principles. * * * (emphasis … Unless such interpretation is clearly erroneous, the court is bound by it. Interstate Commerce Commission v.

Den v. Geiger

9 N.J.L. 225 · Supreme Court of New Jersey · Sep 15, 1827

The phrase “ private examination ” is qualified and explained by the superadded words “ apart from her husband,.” … If the law were established according to the views of the defendant not one verdict in ten would stand.