Case law

Acorn Ponds v. Incorporated Village of North Hills

623 F. Supp. 688 · District Court, E.D. New York · Jul 22, 1985

The burden is upon the moving party to establish that there is no genuine issue of fact to be submitted to the trier of facts. Adickes v. S.H. … In rejecting the § 1983 claim in Roth , which was brought by a non-tenured professor whose contract was not renewed, the Court held that: To have a property interest in a benefit, a person clearly must have more than an abstract

Sass v. MTA Bus Co.

6 F. Supp. 3d 229 · District Court, E.D. New York · Feb 14, 2014

Instead, it requires Plaintiff to establish that his termination would not have occurred had he not engaged in protected activity. … Rogge, 50 Fed.Appx. 533, 536 (3d Cir.2002) (affirming district court’s grant of Rule 50(b) motion for judgment as a matter of law granting qualified immunity to defendant, where the district court applied Supreme Court decision

Perkins

District Court, E.D. New York · Feb 25, 2026

Conversely, prosecutors enjoy only qualified immunity when they act as investigators. … The Levy Defendants secondarily argue that they are entitled to qualified immunity, which “shields officers from civil liability so long as their conduct does not violate clearly established

Volpe v. Nassau County

915 F. Supp. 2d 284 · District Court, E.D. New York · Jan 3, 2013

issue here (between the male and female PCOs and PCOSs) began at the time the Ebbert settlement was implemented in December 2011 and plaintiffs filed their complaint less than one year later, plaintiffs’ EPA claims are clearly … Nothing in the language of the EPA, or in any case authority interpreting that statute, suggests that such a pocket of immunity exists for employers.

Morritt v. Stryker Corp.

973 F. Supp. 2d 177 · District Court, E.D. New York · Sep 23, 2013

Sept. 22, 2011) (“To the extent that [Plaintiffs’ treating orthopedic surgeon] will testify about any defects in the design or manufacture of the Acufix system, he is clearly not qualified.”); Alexander v. … Appx. 352 (2d Cir.2005), Plaintiffs have failed to establish that Dr.

Corr v. MTA Long Island Bus

27 F. Supp. 2d 359 · District Court, E.D. New York · Oct 16, 1998

Assuming, arguendo, that Plaintiff was a qualified individual with a disability, Plaintiff in any event has presented insufficient evidence establishing that his termination was motivated by disability discrimination. … In light of the Court's holding, the Court need not address the MTA Defendants' arguments that Defendants Conway and Williams are entitled to qualified immunity and that Plaintiff failed to name Defendants Conway, Williams

Meehan v. United States Postal Service

792 F. Supp. 18 · District Court, E.D. New York · May 1, 1992

It is well-established that both the United States and its agencies are immune from suit absent an express waiver by Congress of their sovereign immunity. Block v. North Dakota, ex. rel. … Thus, Meehan clearly failed to exhaust his procedural remedies.

United Fence & Guard Rail Corp. v. Royal Guard Fence Co.

765 F. Supp. 55 · District Court, E.D. New York · Jun 18, 1991

Clearly, the operative term in this requirement is causation, linking defendants’ alleged RICO violation to plaintiff’s decline in market share. … so qualified.

Cody v. County of Nassau

577 F. Supp. 2d 623 · District Court, E.D. New York · Sep 19, 2008

“The word ‘substantial’ thus clearly precludes impairments that interfere in only a minor way with the performance of [a major life activity] from qualifying as disabilities.” Id. (citation omitted). … Accordingly, plaintiff cannot qualify as disabled under this analysis either. Based on the foregoing, I find that plaintiff has failed to establish that she is disabled as defined under the ADA.

United States v. Lybrand

279 F. Supp. 74 · District Court, E.D. New York · Dec 12, 1967

The Code defines “element of an offense” to include both elements showing “culpability” and those establishing lack of justification of the defendant. … In granting a motion of acquittal, the court does not immunize defendant from his obligation to report for civilian work or from prosecution if he fails to perform his duty. Defendant is twenty-three years old.

Otonye v. United States

903 F. Supp. 357 · District Court, E.D. New York · Jun 16, 1995

In these cases there is clearly jurisdiction under the Tucker Act. … Here also, in the event of a waiver of sovereign immunity, the court could assert jurisdiction under the Tucker Act.

Wood v. Inc. Village of Patchogue

311 F. Supp. 2d 344 · District Court, E.D. New York · Mar 31, 2004

Snyder, 264 A.D.2d 27, 33 , 702 N.Y.S.2d 5, 11-12 (1st Dep’t 2000) (“It has long been recognized that few doctrines were more solidly established at common-law than the immunity of judges from liability for damages for acts … Compl. ¶ 167; and (4) “act[ed] in willful disregard of or acting with deliberate indifference to clearly established constitutional rights.... ” Am. Compl. ¶ 168.

Francis v. Runyon

928 F. Supp. 195 · District Court, E.D. New York · Apr 25, 1996

To establish a prima facie case of unlawful discrimination, plaintiff must prove: (1) she is an individual with a disability within the meaning of the Act; (2) she is otherwise qualified for the position; (3) she was discharged … We find that Francis failed to establish a prima facie case of discrimination. She was not “otherwise qualified” because she misrepresented her physical restrictions.

Muslim v. Sagamore Children's Psychiatric Center

District Court, E.D. New York · Jul 15, 2024

Under this analysis, plaintiff bears the initial burden of establishing a prima facie case of discrimination. … found qualified or hired provides a comparative backdrop.”

Hempstead General Hospital v. Whalen

474 F. Supp. 398 · District Court, E.D. New York · Aug 3, 1979

Sovereign Immunity The state defendants rely on the defense of sovereign immunity under the eleventh amendment. … There is no suggestion that the subject sale was not bona fide; clearly, the price is substantially below replacement cost less depreciation.

United States v. Romano

859 F. Supp. 2d 445 · District Court, E.D. New York · May 3, 2012

(“These matters should be established by a preponderance of proof.” (citing Bourjaily v. … As discussed supra, Swiatek’s testimony was based on reliable data and methodology and was clearly relevant evidence to the crimes alleged in this case.

Spotless Enterprises, Inc. v. Carlisle Plastics, Inc.

56 F. Supp. 2d 274 · District Court, E.D. New York · Jul 12, 1999

However, I conclude that the Lanham Act covers the conduct at issue and that federal patent law will not immunize Spotless from recovery even if Carlisle fails to establish bad faith. (1) The Scope of the Lanham Act The Federal … Ogilvie Mills Inc., 30 U.S.P.Q.2d 1012, 1019, 1 F.3d 1253, 1993 WL 217173 (Fed.Cir.1993) ("Since we conclude that the record fails to establish conduct on Ogilvie's part that would qualify for liability under the Lanham Act

Jimenez v. Chung

District Court, E.D. New York · Jul 10, 2024

Third (and alternatively), Defendants argue they are entitled to qualified immunity for their actions. (See id. at 9–11.) … Qualified Immunity. Defendants argue in the alternative that they are entitled to qualified immunity for their actions. (See Defs.’ Mot. 9–11.)

Jones v. "Fireball"-Class Action Suit

District Court, E.D. New York · Aug 30, 2023

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether plaintiff qualifies for in forma pauperis status, and then considers … Any amended complaint shall be clearly labeled “Amended Complaint” and shall bear the same docket number as this Order, 23-CV-1564(GRB)(ST).

Besedin v. County of Nassau

District Court, E.D. New York · Sep 18, 2024

Aug. 12, 2024), and thus are entitled to qualified immunity as a matter of law. Defs.’ Mem. at 16-18, 31-32. … immunity.”