Case law

Atronic International, GMBH v. Sai Semispecialists of America

232 F.R.D. 160 · District Court, E.D. New York · Oct 18, 2005

Plaintiff further alleges that Judge Orenstein “misapplied cases under federal law,” misapprehended the law, and “was clearly motivated by his mistaken view.” … Given the claim and defenses asserted in this action, defendant may be prejudiced by restoring immunity to the inadvertently disclosed e-mails. See United States v.

Straker v. Metropolitan Transit Authority

333 F. Supp. 2d 91 · District Court, E.D. New York · Sep 9, 2004

“To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … NYCTA argues that Straker has not pled facts establishing that he is an “individual with a disability” under the Rehabilitation Act.

Davis v. Halpern

768 F. Supp. 968 · District Court, E.D. New York · Jun 5, 1991

Plaintiff has, however, established a prima facie case of discrimination with respect to race and ethnicity, since a significant body of undisputed evidence clearly demonstrates that these factors are considered in defendants … As for the Title VI claims, while defendants have not moved against them on grounds of immunity, the court notes that Congress has expressly abrogated the states’ Eleventh Amendment immunity for “violations [of Title VI]

Wendel v. New York

574 F. Supp. 2d 290 · District Court, E.D. New York · Jul 23, 2008

disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the programs or activities of licensees or certified entities that1 subject qualified individuals with disabilities … Wendel’s affidavit, however, clearly does not fall within this exception. 7 .

Lee & Simmons, Inc. v. New York & New Jersey Steamboat Co.

41 F.2d 833 · District Court, E.D. New York · Mar 24, 1930

It will be seen that, because the tide was falling, it was inevitable that his vessel should become more firmly established in this position with the passage of time. … The testimony of the captain of the Kill •Von Kull as to what the tug did is qualified by the captain’s admission that he is not sure that he saw the tug pushing or thrusting against, either of the barges in question.

Sousa v. Hunter

739 F. Supp. 756 · District Court, E.D. New York · Jun 5, 1990

To make out a prima facie case, plaintiff must initially establish (1) that he belongs to a protected class; (2) that he was qualified for the job; and (3) that he was discharged under circumstances “giving rise to an inference … Moreover, he has *760 failed to establish a prima facie case that he was qualified to be retained or promoted at the NLRB.

Bonitch v. ORIG. HONEY BAKED HAM CO. OF THE EAST

34 F. Supp. 2d 154 · District Court, E.D. New York · Feb 19, 1999

Otherwise Qualified Finally, as previously noted, an essential element of an ADA claim is an allegation that the plaintiff is “otherwise qualified” for his particular job. Borkowski v. Valley Cent. Sch. … The plaintiff was clearly otherwise qualified as he had the ability to appear at work and perform his duties without any special accommodation.

Lazare v. City of New York

District Court, E.D. New York · Dec 21, 2021

warranted because he is entitled to qualified immunity. … The Court finds that Defendant is entitled to qualified immunity.

RI, Inc. v. Gardner

889 F. Supp. 2d 408 · District Court, E.D. New York · Aug 23, 2012

Clearly, § 301 does not grant the parties to a collective-bargaining agreement the ability to contract for what is illegal under state law. Id. at 211-12, 105 S.Ct. 1904 (footnote omitted). … immunity. .

Bolton v. Secretary of Health & Human Services

504 F. Supp. 288 · District Court, E.D. New York · Nov 14, 1980

If it were otherwise, such declarations would automatically establish entitlement to insurance benefits in every case. … She might well have qualified for such work, all of which were considered sedentary occupations (Tr. 44).

Grubb v. Broadcast Music, Inc.

699 F. Supp. 382 · District Court, E.D. New York · Oct 21, 1987

In early 1985, she assumed the job of “national accounts coordinator”, a newly established, largely clerical position in which she was under Krivda’s direct supervision. … Accordingly, where there is a charge of overt discrimination, a showing of a job vacancy is essential in order to establish a prima facie case.”).

Bradt v. United States

122 F. Supp. 190 · District Court, E.D. New York · May 27, 1954

The chief engineer, though qualified, never stood a watch on the Pittston Victory, and the only one qualified to stand watch, for his respective duty, was the third assistant engineer. … The fundamental test is whether the fact pattern establishes that the unseaworthiness of the vessel, including insufficiency of the crew, placed a great burden upon libelant.

Kennel v. Dover Garage, Inc.

816 F. Supp. 178 · District Court, E.D. New York · Mar 18, 1993

In instances, such as here, where the statutory definition is unhelpful, the Supreme Court has established a presumption that Congress “means an agency law definition for ‘employee’ unless [the statute] clearly indicates … Plaintiffs own deposition testimony most clearly articulates this theory.

Morse v. Jetblue Airways Corp.

941 F. Supp. 2d 274 · District Court, E.D. New York · Mar 31, 2013

As the court previously found, plaintiff has established sufficient evidence from which a reasonable jury could find that plaintiff requested and was qualified for an available accommodation in the form of a transfer to non-flying … Further, it is undisputed that plaintiff clearly represented to defendant in June 2006 that she was physically capable of returning to work in any position that did not require her to fly.

McDevitt v. Suffolk County

District Court, E.D. New York · Mar 26, 2024

immunity. … qualified immunity is DENIED. 2.

Johnson v. New York State Education Department

319 F. Supp. 271 · District Court, E.D. New York · Oct 28, 1970

The qualified voters of any school district present at any annual school meeting or at any special school meeting duly and legally called for that purpose, shall have power, by a majority vote, to be ascertained by taking … As the statutory wording clearly indicates, § 2201 does not confer jurisdiction, but merely makes a remedy or procedure available in the federal court where jurisdiction already exists. Benson v.

Andretta v. Napolitano

922 F. Supp. 2d 411 · District Court, E.D. New York · Feb 13, 2013

To establish a prima facie case under the ADEA, the Plaintiff has to show (1) he was a member of the *418 protected class; (2) he was qualified for the position at issue; (3) an adverse employment action was taken against … To meet this burden, Defendant must “clearly set forth” the reasons for Plaintiffs non-selection. Texas Dep’t of Cmty. Affairs v.

TADCO Construction Corp. v. Dormitory Authority

700 F. Supp. 2d 253 · District Court, E.D. New York · Mar 19, 2010

The second statement — that TAD-CO has failed to demonstrate the ability to *267 complete the work — comes the closest to qualifying as stigmatizing. … However, Second Circuit precedent does not clearly extend this far.

Agosto v. Nassau County Corr. Cntr.

District Court, E.D. New York · Sep 22, 2025

LEGAL STANDARDS The Second Circuit has established a two-step procedure in which the district court first considers whether a plaintiff qualifies for IFP status, and then considers the … Any amended complaint shall be clearly labeled “Amended Complaint” and shall bear the same docket number as this Order, 25-CV-04269(GRB)(LGD).

International Brotherhood of Teamsters v. Pan American World Airways, Inc.

607 F. Supp. 609 · District Court, E.D. New York · Apr 24, 1985

Finally, the Agreement establishes a procedure for the recall of employees to active service when forces are increased. … Article 7 provides that a vacancy is to be offered, first, to the senior qualified employees in the immediate work unit; then, to senior qualified employees in related units; and, finally, to those senior qualified employees