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· 6/30/2008

New Jersey Protection & Advocacy, Inc. v. New Jersey Department of Education

Citations

  • 563 F. Supp. 2d 474
  • 2008 U.S. Dist. LEXIS 50627

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that school district defendants were not necessary parties under Rule 19(a) where plaintiffs requested that the court require New Jersey to comply with certain policies
  • ruling IDEA exhaustion not required because the claims made by statewide advocacy organizations did not seek \individual remedies necessary to make themselves or their constituents whole.\
  • ruling IDEA exhaustion not required because the claims made by statewide advocacy organizations did not seek “individual remedies necessary to make themselves or their constituents whole.”
  • “[I]ndividual member participation is not normally necessary when the organizational plaintiff seeks prospective or injunctive relief on behalf of its members.”
  • where plaintiffs included, among other advocacy groups, The Arc of New Jersey
  • “At the pleading stage, general factual allegations of injury resulting from the [D]efendant[s'] conduct may suffice, for on a motion to dismiss, we presume that general allegations embrace those specific facts that are 16 necessary to support the claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cooper

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.