Case law

Tillim v. Huntington Housing Authority

97 F. Supp. 2d 290 · District Court, E.D. New York · May 11, 2000

The HHA is a municipal housing authority established under New York State Public Housing Law § 472. … According to Jackson Dairy, the movant must clearly establish the following: “(a) irreparable harm; and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make

Free Libertarian Party, Inc. v. Spano

314 F. Supp. 3d 444 · District Court, E.D. New York · May 18, 2018

Accordingly, plaintiffs have established their standing to challenge New York Election Law Section 6-140(1)(b). C. … That being said, restrictions on "core political speech so plainly impose a 'severe burden' that application of strict scrutiny clearly will be necessary." Id. (quoting Buckley v. Am.

Brown v. County of Nassau

736 F. Supp. 2d 602 · District Court, E.D. New York · Sep 3, 2010

In order for plaintiff to prove a violation of Title II, the plaintiff must establish the following: (1) that plaintiff is a “ ‘qualified individual’ with a disability”; (2) that the defendant is subject to Title II; and … However, the applicable regulations do not allow the owner of a facility to immunize itself, through contract or otherwise, from compliance with the ADA.

Linde v. Arab Bank, PLC

922 F. Supp. 2d 316 · District Court, E.D. New York · Feb 6, 2013

Levitt is clearly qualified to testify as an expert in terrorist organizations, including Hamas, its history and organiza *325 tion, and the structure of the social wing of Hamas (including zakat committees), which are precisely … Her qualifications have been established. Dr.

Jeannot v. New York State

District Court, E.D. New York · Jan 13, 2025

Supp. 3d 691, 695 (S.D.N.Y. 2018) (“[I]t is well established that a non-consenting state is immune from suits brought by its own citizens in federal court.”). … “It is well- established that New York has not consented to § 1983 suits in federal court, and that § 1983 was not intended to override a state’s sovereign immunity.” Mamot v. Bd. of Regents, 367 F.

In re Benevolent & Protective Order of Elks Brooklyn Lodge No. 22

9 F. Supp. 883 · District Court, E.D. New York · Feb 14, 1935

Promptly upon the filing of the petition, a receiver was appointed, who qualified on May 2, 1933, and on June 1, 1933, he was appointed and qualified as trustee. … The cost of the land is not clearly stated in the testimony, but the two experts gave their opinions as to May 1, 1933, value, as follows: For the trustee, $586,-000.00, and for the claimant, $469,700.00.

Lara v. Delta International Machinery Corp.

174 F. Supp. 3d 719 · District Court, E.D. New York · Mar 31, 2016

Fein’s experience with the design and manufacture of consumer products— including table saws of the type at issue in this case — is clearly limited. Id. at 36. … The burden of establishing the reliability of an expert’s theories pursuant to the standards set forth in Federal Rule 702 and Daubert falls squarely with the proponent, who must establish reliability by a preponderance of

In re Prudence Co.

16 F. Supp. 282 · District Court, E.D. New York · Jun 16, 1936

The junior participant’s rights in this regard are clearly set forth and should be enforced. … Zahka, 99 Misc. 333 , 164 N.Y.S. 193 , reversed, 181 App.Div. 173 , 168 N.Y.S. 396 , Trial Term decision affirmed 228 N.Y. 187 , 126 N.E. 707 , establishes a limit to the senior participant’s immunity in adjusting the junior

Russell v. County of Nassau

696 F. Supp. 2d 213 · District Court, E.D. New York · Feb 18, 2010

Ashcroft, 336 F.3d 128, 138 (2d Cir.2003). 11 Defendants concede that Plaintiff has established the first two elements of his prima facie case, viz. that he was a member of a protected class and that he was qualified. … Plaintiff has failed to establish a prima facie case of discrimination as to this claim. 4.

Gonzalez v. Fire Department of the City of New York (FDNY)

District Court, E.D. New York · Mar 28, 2024

With respect to the second prong, Plaintiff may establish a qualifying disability by alleging that she was “regarded as having [] an impairment” by her employer pursuant to 42 U.S.C. § … United Parcel Service, Inc., No. 3 It is axiomatic that Plaintiff carries the initial burden of proof to establish a prima facie case of discrimination, including to establish that she was “regarded as” disabled

American Safety Casualty Insurance Co. v. 385 Onderdonk Ave., LLC

249 F. Supp. 3d 629 · District Court, E.D. New York · Apr 7, 2017

Khu-seynov’s Facts ¶5 (declining to dispute statement that 573 Elton Court does not qualify as an insured under the Policy). … Khuseynov’s MSJ at 1, is irrelevant in light of the fact that the envelope clearly bears a United States Postal Service postmark of January 31, 2014, Long Aff. Ex. 3.

Benesi-Griffin v. City of NY

District Court, E.D. New York · Nov 17, 2023

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity....” … New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the state’s immunity in enacting § 1983. See Trotman v.

Gold v. Ernst & Ernst

445 F. Supp. 723 · District Court, E.D. New York · Jan 17, 1978

The United States is immune from suit for reasons of sovereign immunity except as it consents to be sued. … While the United States does not argue what happened was wilful, the United States points out that *735 Neustadt clearly makes negligent misrepresentation part of this exception.

Johnson v. Durante

387 F. Supp. 149 · District Court, E.D. New York · Jan 2, 1975

. §§ 1343 (3) and 2201, challenges defendants’ actions, under color of State law, in establishing a yearly list of qualified grand jurors in Queens County, New York, that is allegedly not representative by sex, occupation … For the present, summary judgment is clearly inappropriate and further discovery is essential for a proper resolution of this case.

In Re Wiring Device Antitrust Litigation

498 F. Supp. 79 · District Court, E.D. New York · Sep 29, 1980

Such national and international news services appear to clearly qualify for protection under the laws relating to interstate commerce and, therefore, to be immune from State regulation. Id. … The well-established South Carolina rule that wholly interstate activity is outside the scope of that section must be applied.

Cox v. County of Suffolk

827 F. Supp. 935 · District Court, E.D. New York · Jul 29, 1993

Section 1988 Claim for Malicious Prosecution The requisite elements of a § 1983 claim are that the defendants, acting under *938 color of state law, but not cloaked with immunity, have deprived the plaintiff of a right secured … It is well established that the tort of malicious prosecution is sufficient to make out a constitutional deprivation under § 1983, White v.

Guzman v. Greene

425 F. Supp. 2d 298 · District Court, E.D. New York · Mar 15, 2006

’s counsel’s failure to raise the VCCR violation was neither contrary to nor an unreasonable application of *320 clearly established Supreme Court precedent. 2. … Since the concept of "clearly established” under AEDPA refers to clearly established Supreme Court law, the Court cannot employ AEDPA as a means to avoid deciding unclear state law.

Dechberry v. New York City Fire Department

124 F. Supp. 3d 131 · District Court, E.D. New York · Aug 14, 2015

To establish a prima facie case for sex discrimination under Title VII, plaintiff must show that (1) she is a member of a protected class, (2) she was qualified for the position, (3) she suffered an adverse employment action … Moreover, even assuming that plaintiff could meet the first prong of “disabled under the meaning of the law,” plaintiff does not allege any facts to establish whether she is “otherwise qualified to perform the essential functions

McLeod v. Llano

District Court, E.D. New York · Apr 28, 2021

“Special interrogatories are vehicles to allow the jury to resolve ‘key factual disputes’ bearing on the legal determination of qualified immunity.” Alla v. Verkay, 979 F. … Failure to comply with this order, or failure to propose appropriate questions, may result in waiver of qualified immunity as an affirmative defense. See Alla, 979 F.

V.D. v. State Of New York

District Court, E.D. New York · Aug 19, 2019

The case law clearly establishes that “[c]onditioning school enrollment on vaccination has long been accepted by the courts as a permissible way for States to innoculate large numbers of young people and prevent the spread … The plain language of the IDEA clearly establishes that “the stay-put provision only comes into play when a child’s ‘educational placement’ is changed or proposed to be changed.” Roher v. District of Columbia, No.