275 results for 'court:"USDC New Jersey"'.
J. Day denies a water solution company's motion to intervene in a construction company's claims seeking reimbursement for allegedly defective tanks built at an anaerobic digestion and biogas production facility. The water company's legally protectable interest in confidential discovery information was more substantial than that of other non-parties, but that the company had been denied such information in related state litigation did not give the company the right to "obtain here what would otherwise be inaccessible to it."
Court: USDC New Jersey, Judge: Day, Filed On: February 1, 2024, Case #: 3:22cv4905, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, Discovery, Contract
[Consolidated.] J. Bumb finds for one plaintiff in claims contending a police officer used unapproved jiu jitsu takedown moves on two women during separate arrests. One plaintiff weighed less than 100 pounds and thus posed no credible threat, and certain testimony bolsters the argument that plaintiff's resistance to arrest had been no more than passive. Meanwhile, supervisors had been on notice that an excessive force violation could occur in light of the officer's frequent use of force during arrests. However, counsel for one plaintiff conflated "use of force" during arrests with "excessive force," and issues of fact remain in dispute concerning allegations against the city.
Court: USDC New Jersey, Judge: Bumb, Filed On: January 30, 2024, Case #: 1:19cv12002, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
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J. Farbiarz allows plaintiff to continue claims contending a competitor used patented technology in CPR training manikin products because the competitor, while located out of state, works closely with a New Jersey-based distributor, and the competitor has not complained that defending this lawsuit in New Jersey would be difficult.
Court: USDC New Jersey, Judge: Farbiarz, Filed On: January 25, 2024, Case #: 2:23cv463, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Hillman allows plaintiff to continue certain pro se claims contending a condominium failed to protect plaintiff, a disabled tenant, from another resident's anti-Jewish and ableist slurs, as well as his threats to kill her, and failed to take action after security guards mocked her disability. The tenant adequately alleged anti-Jewish discrimination and that security staff had charged her fees to let her into the building.
Court: USDC New Jersey, Judge: Hillman , Filed On: January 22, 2024, Case #: 1:23cv1877, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
J. Kirsch rules for the U.S. in claims contending tenants suffered severe injuries due to asbestos, mold, and other unhealthy living conditions at the Veterans Affairs apartments. The administrative claims were denied in 2020, and the tenants failed to file the claims in federal court within six months of that decision. Further, despite the tenants' medical problems, nothing justified equitable tolling.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 22, 2024, Case #: 3:22cv583, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Veterans, Negligence, Asbestos
J. Kirsch rules against parents who claim the school district failed to provide adequate special education services to their autistic student. There is no case law stating schools have a duty to provide before-school aides or services, and the parents did not demonstrate the administrative law judge erred by not concluding the school district was obligated to provide "home programming" services due to her work schedule.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 17, 2024, Case #: 3:22cv107, NOS: Education - Civil Rights, Categories: Education
J. Kirsch allows the stepsister to continue with her amended complaint alleging that she was sexually assaulted by her four adult stepbrothers when she was a minor in the 1970s. There is no bad faith or dilatory motive in the woman's amendments, as the proposed amendments only add details in response to the stepbrothers' claims that the complaint lacked specificity. The complaint was timely filed because the statute of limitations had been tolled due to the Covid-19 pandemic.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 17, 2024, Case #: 3:21cv20270, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Emotional Distress
J. Wettre denies an emergency application to obtain documents and deposition testimony in foreign proceedings in which the party holding opinion contracts contends the investment bank wrongfully imposed a margin call on the options. Depositions are not available under English legal procedure, and the holder of the contracts failed to apply to add the employee as a custodian, despite acknowledging it could have done so. Meanwhile, the company already knew what had transpired in the recorded calls with the employee.
Court: USDC New Jersey, Judge: Wettre , Filed On: January 12, 2024, Case #: 2:23cv22795, NOS: Insurance - Contract, Categories: Banking / Lending, Contract
J. Farbiarz dismisses counterclaims in which a generic pharmaceutical company contends drug patents are not enforceable. The generic company is not a "small entity" as it claims, boasting growth of more than eight employees a month. Meanwhile, nothing indicates the companies may have known the original 2007 agreement would be connected to patents in the 2015 and 2016 applications.
Court: USDC New Jersey, Judge: Farbiarz , Filed On: January 11, 2024, Case #: 2:23cv18, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. Rodriguez rules in part for automaker Subaru in claims contending the Impreza line boasts defective engine components that cause premature cataclysmic engine piston ringlands failure, as certain claims are duplicative of a similar action. However, claims filed by a New York buyer subclass may proceed because the allegedly fraudulent statements may have gone beyond typical arms' length business transactions, and the company's own owner's manual and warranty information created a reasonable belief that engine pistons constituted non-maintenance lifetime components, with a life expectancy of around 120,000 miles.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: January 11, 2024, Case #: 1:22cv990, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, Consumer Law
J. Sheridan allows plaintiff, a 63-year-old psychometrician, to continue certain claims contending he had been passed over for promotions and fired after he objected to six to eight hours of commuting time per week because he plausibly alleges that these changes had been implemented, that he had been terminated, and that he had been denied vacations and work assignments due to his age.
Court: USDC New Jersey, Judge: Sheridan , Filed On: January 3, 2024, Case #: 3:23cv2101, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Pascal allows plaintiff to file a second amended complaint contending a school wrongly punished a Black student for bringing in an empty bottle of alcohol for a science project. The new complaint plausibly alleges a white student had not been punished for bringing in a Nerf gun and that reasonable suspicion did not exist to subject the student to a drug test.
Court: USDC New Jersey, Judge: Pascal , Filed On: December 29, 2023, Case #: 1:23cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Bumb finds for a pharmaceutical company that allegedly filed an application for a generic mifepristone product before the expiration of patent nos. 10,195,214 and 10.842,800 because plaintiff failed to demonstrate direct infringement for lack of evidence that physicians put the patented methods into use. Meanwhile, evidence did not indicate that "even a single prescription" of the patented drug had been lost to the generic alternative, and a physician would plausibly avoid infringement by faithfully following the generic drug's label.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 29, 2023, Case #: 1:18cv3632, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. Kugler rules in part for a housing complex accused of attempting to change the terms of a residential lease after the tenant missed several rent payments. The tenant failed to respond to motions filed by the housing complex by set court deadlines, and evidence did not indicate the court acted with racial bias. Meanwhile, the complex did not attempt to charge the tenant attorney fees but failed to provide an analysis explaining why retaliation is not cognizable under state tenant laws.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 27, 2023, Case #: 1:19cv13412, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Landlord Tenant, Attorney Fees
J. O'Hearn rules in part for Rust-Oleum concerning wood stain that allegedly caused a fire at a vacant home. Evidence does not indicate the insurer merely used its insured to file a complaint to seek recovery for its own benefit. However, federal regulators do not require that labels provide warnings of spontaneous combustion since such is not a principal hazard, and evidence does not indicate the stain failed to comply with federal warning regulations.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: December 27, 2023, Case #: 1:21cv17397, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability
J. Kugler allows a developer to continue certain claims contending the borough wrongfully denied an application to transfer a financial agreement of a property because evidence did not indicate that the other company acted "in conjunction" with the borough to deprive the developer of a constitutional right. However, the adjacent property owner's request for a variance likely violated the terms of the parking lot agreement.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 24, 2023, Case #: 1:22cv3177, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Zoning
J. Kirsch finds for a company in claims contending the Russia Act was unconstitutionally applied when a contract was not renewed on grounds that a Japanese parent company also owned a Russian company. The state law was overbroad in prohibiting conduct allowed under federal sanctions, and the law interferes with the U.S. President's ability to discourage Russian intervention in Ukraine by allowing one state to "undercut" the federal approach to Russia's aggression. Meanwhile, the law prevents the U.S. from speaking with a unified voice in addressing the conflict in Ukraine.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 22, 2023, Case #: 3:23cv4044, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Trade
J. Neals dismisses claims contending a Black police officer was singled out and forced to remove his gaiter mask and, when he refused, forced to surrender his weapon. Claims of racial discrimination are conclusory since nothing proves supervisors participated in a retaliatory scheme against the officer, and the complaint does not allege other officers did not suffer similar adverse actions.
Court: USDC New Jersey, Judge: Neals , Filed On: December 21, 2023, Case #: 2:22cv2226, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Kirsch allows a student to continue certain claims contending Princeton University wrongfully sanctioned him after he was accused of sexual misconduct against a female student. The due process claims do not rise to a Title IX issue because evidence does not indicate the university only investigates complaints filed by female students, but contract claims may continue based on the contention that the school failed to interview a witness whose statements could have undermined the alleged victim's motivation.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 19, 2023, Case #: 3:22cv5887, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Hillman excludes certain experts retained by an engineering company accused of false advertising and omitting material facts concerning a caulking gun. Certain documents had not been disclosed by the discovery deadline, and one expert's methods and assumptions were unreliable. However, the company's concerns about expertise are best addressed in voir dire.
Court: USDC New Jersey, Judge: Hillman , Filed On: December 18, 2023, Case #: 1:12cv2999, NOS: Trademark - Property Rights, Categories: Civil Procedure, Consumer Law, Experts