· 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 CourtListenerSourced 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.