Case law

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

Goffe v. Nyu Hospital Center

201 F. Supp. 3d 337 · District Court, E.D. New York · Aug 22, 2016

At trial, the plaintiffs additional complaints which do not appear to clearly be tied to race may be permitted as evidence of the larger context. … Whether they had enough authority to qualify as supervisors is a question of fact for the jury.

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).

Licari v. Toulon Jr.

District Court, E.D. New York · Feb 17, 2022

Upon review of the declaration accompanying Plaintiff’s IFP application, the Court finds that Plaintiff’s financial status qualifies him to commence this action without prepayment of the filing fee. … “It is well-established that New York State has not consented to § 1983 suits in federal court and that § 1983 was not intended to override a state sovereign immunity.” Mamot v. Board of Regents, 367 F.

United States Department of Labor v. Kirschenbaum

508 B.R. 257 · District Court, E.D. New York · Mar 31, 2014

Core Jurisdiction Clearly, the Bankruptcy Court has core jurisdiction over the Chapter 7 Trustee in performance of his obligations set forth in the Bankruptcy Code, as those duties are “matters concerning the administration … “The doctrine of derived judicial immunity provides a bankruptcy trustee with immunity in the exercise of his business judgment, where he acts in accordance with an order of the court, after candid disclosure and on notice

United States v. Volpe

42 F. Supp. 2d 204 · District Court, E.D. New York · Mar 3, 1999

They do not “clearly indicate” that Wiese’s statements are trustworthy. He, Schwarz, and Bru-der are fellow police officers. … Wiese’s statements do not qualify under any other hearsay exception. They are not admissible under Fed.R.Evid. 801(d)(2) since they are not being offered against Wiese.

Iosilevich v. The City of New York

District Court, E.D. New York · Sep 30, 2024

A police officer is entitled to qualified immunity for false arrest if the officer had at least “arguable probable cause to arrest the plaintiff.” Myers v. … City of New York, 339 F.3d 129, 138 (2d Cir. 2003) (holding that officer was entitled to qualified immunity; relying on Bilida v.

Henton v. The City of New York

District Court, E.D. New York · Jul 10, 2025

immunity arguments. … Further, the defendants are very likely entitled to qualified immunity in this circumstance. See Lennon v.

Lijoi v. Continental Casualty Co.

414 F. Supp. 2d 228 · District Court, E.D. New York · Feb 13, 2006

A medical consultant of the Veterans Administration, evaluating Lijoi’s VA claim, concluded that [Lijoi]’s records clearly show that he received Immunization by Jet Injectors while in Boot Camp. … At oral argument, counsel for Continental inexplicably refused to acknowledge, even in light of Administrative Law Judge Rosenbaum’s findings, that the available evidence clearly establishes Lijoi’s total disability from

Perez Bey v. NYC New York Police Department - 81 st Precinct

District Court, E.D. New York · Mar 28, 2025

An action is frivolous when “either (1) ‘the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy;’ or (2) ‘the claim is based on an indisputably meritless legal theory … However, if the state official is sued for damages in his individual capacity, he may be entitled to invoke absolute or qualified immunity. Id.

Kravtchouk v. The City of New York (N.Y.P.D.)

District Court, E.D. New York · Sep 30, 2019

At the same time, when a prosecutor “performs the investigative functions normally performed by a detective or police officer,” the prosecutor is only entitled to qualified immunity. Id. … Neither Palvia nor Ramos rely on qualified immunity here. 12102(3)(A). The elements of NYSHRL and NYCHRL retaliation claims are nearly the same, see Nieblas-Love v. New York City Hous.

Unkechauge Indian Nation v. Seggos

District Court, E.D. New York · Jun 16, 2023

Namely, this protection does not apply if (1) a state waives its immunity; (2) Congress clearly abrogates state sovereign immunity; or (3) the suit is against a state official and seeks prospective relief. See Va. … Defendants clearly articulate the State’s rationale behind its regulations.

Linde v. Arab Bank, PLC

262 F.R.D. 136 · District Court, E.D. New York · May 22, 2009

But clearly, a commitment by a parent to make its subsidiary’s information available does not establish the converse — that the subsidiary has access to the parent’s information. … These two statements are clearly not inconsistent. Neither “discrepancy”' — if they may even be so characterized — is of great moment.

Cortright v. Resor

325 F. Supp. 797 · District Court, E.D. New York · Mar 23, 1971

SOVEREIGN IMMUNITY Defendants argue that the suit is barred by the doctrine of sovereign immunity. … This action cannot be barred by the doctrine of sovereign immunity.

Pleune v. Pierce

697 F. Supp. 113 · District Court, E.D. New York · Sep 12, 1988

New York City has qualified as a distressed community under 24 C.F.R. § 570.452 . See 51 Fed.Reg. 5413-15 (Feb. 13, 1986). … Accordingly, the question whether sovereign immunity bars these claims is moot.

United States v. Dupree

919 F. Supp. 2d 254 · District Court, E.D. New York · Jan 28, 2013

Willis Mgmt., 652 F.3d at 245 (“[I]t is the law of this Circuit that a constructive trust qualifies as a ‘legal ... interest’ for the purposes of § 853(n)(6)(A).”) … Second, as previously discussed, the clearly established legal scope and significance of the court’s July 27, 2011 Monsanto order precluded any “good faith” or reasonable belief on the part of D & B that the Subject Funds

Weil v. Long Island Savings Bank FSB

206 F.R.D. 38 · District Court, E.D. New York · Oct 11, 2001

To qualify, experts must possess some scientific, technical or other specialized knowledge that will help the finder of fact understand the evidence in a case or determine a case in issue. See Fed.R.Evid. 702. … Moreover, core work product, although accorded a high degree of protection, is not absolutely immune from production.

Becker v. Nassau BOCES School District

District Court, E.D. New York · Sep 29, 2022

The doctrine of qualified immunity, however, “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … A party is entitled to qualified immunity only if his or her conduct is not violative of clearly established rights which a reasonable person knew, or objectively and reasonably believed, did not violate such rights.

Player v. Sini

District Court, E.D. New York · Nov 1, 2021

Immunity 1. … Prosecutorial Immunity It is well established that prosecutors are absolutely immune from civil suits for acts committed within the scope of their official

Cianfarano v. United States Government

585 F. Supp. 2d 360 · District Court, E.D. New York · Nov 10, 2008

The petitioner offered cooperation to the state authorities and testified without immunity before the Grand Jury. … It has not been established that the government violated the plea agreement.