Case law

Kane Associates v. Clifford

80 F.R.D. 402 · District Court, E.D. New York · Jan 6, 1978

The cases in this Circuit establish “beyond peradventure” that plaintiff will not need to prove that each purchaser relied upon the omissions here alleged in order to establish causation in fact. Schlick v. … However, since plaintiffs Kane Associates and Magda have so clearly allied themselves in interest with the class in connection with their other claims, the concern caused by this situation is not for the adequate representation

Constantino v. DiStefano

District Court, E.D. New York · Jan 21, 2020

For similar reasons, I cannot find qualified immunity. … If this was a gratuitous stomp, qualified immunity seems unlikely.

Fiore

District Court, E.D. New York · May 26, 2026

only until such immunization is found no longer to be detrimental to such personnel member’s health. … See Jeter, 2026 WL 818735, at *7 (holding that the plaintiff failed to establish a failure to accommodate claim because the hospital-defendant determined that the plaintiff “did not qualify for a medical exemption because

Krasnopolsky v. Warner-Lambert Co.

799 F. Supp. 1342 · District Court, E.D. New York · Jul 13, 1992

Research reveals that, apparently, the only instances where the learned intermediary doctrine has been held inapplicable are when vaccines are used in mass immunization clinical programs, clearly not relevant in this case … McLaughlin clearly assumed the burden of presiding over Mr. Krasnopolsky’s medical interests, and the Krasnopolskys have not contended that Dr.

Carter v. Camba Housing Ventures, Inc.

District Court, E.D. New York · Jul 23, 2025

According to Plaintiff, Defendants erroneously claimed that he had a mental health condition, thereby qualifying his apartment to be funded by the Department of Mental Health. (Id. ¶¶ 5, 18.) … Dec. 2CAMBA, Inc. is a non-profit that provides social service for qualified individuals.See camba.org (last 28, 2024) (noting that CAMBA is not a state actor); Rodriguez v.

Aquino v. Prudential Life & Casualty Insurance

419 F. Supp. 2d 259 · District Court, E.D. New York · Mar 1, 2005

In order to establish a prima facie violation under the ADA, plaintiffs must adequately plead under the Act that they are qualified individuals with a disability. … Despite the fact that the Plaintiffs’ claims are cast in terms of civil rights violations, the Plaintiffs’ purpose in filing this action in federal court is clearly to avoid the results of the state court rulings and merely

Guerrero v. The City of Yonkers

District Court, E.D. New York · Sep 20, 2023

City of New Haven, 950 F.2d 864, 870 (2d Cir. 1991). 13 Qualified immunity protects public officials from liability over conduct that “does not violate clearly established statutory or constitutional rights of which a … Qualified immunity thus insulates Madaus from liability.

Avraham Plastic Surgery LLC; Bespoke Surgical; Complete Orthopaedics; Devulapalli Medical PLLC; Forest Hill Medical Services; Francesco Gargano, MD; Rowe Plastic Surgery of NJ, LLC; T.V. Seshan, MD; Healthspine and Anesthesia Institute LLC; North Shore Surgical PC; Riverhead Surgery, PC; Tech Medical Office PC; and W Medical Care PC v. Aetna, Inc.; Anthem, Inc.; Blue Cross Blue Shield Federal Employee Program; Cigna Health and Life Insurance Company; EmblemHealth, Inc.; Oscar Health, Inc.; United Healthcare Insurance Company of New York d/b/a The Empire Plan; United Healthcare Services, Inc.; United Healthcare; Propeer Resources, LCC; and ABC Corporations 1-10 (Names Fictitious)

District Court, E.D. New York · Dec 30, 2025

immunity. … Sept. 30, 2025) (“Arbitral immunity, similar to the judicial immunity from which it derives, protects functions rather than people[.]”); Schorr, 2022 WL 17965413, at *9 (“[T]he scope of arbitral immunity is defined by the

Naples v. Stefanelli

972 F. Supp. 2d 373 · District Court, E.D. New York · Sep 18, 2013

Oct. 21, 2010) (dismissing Donnelly Act claims against the New York State Department of Health as barred by sovereign immunity). … Here, the Amended Complaint very clearly states that Plaintiffs are asserting a conspiracy theory of liability. (Am. Compl. ¶ 143.) The Court will limit its discussion accordingly. .

Selvam v. United States of America

District Court, E.D. New York · Nov 5, 2021

Even assuming that Bivens supplies a cause of action for malicious prosecution, qualified immunity bars it. Moreover, Mr. … Leibowitz, 874 F.3d 73, 80 (2d Cir. 2017) (Qualified immunity is “‘an immunity from suit,’ not simply from liability.” (citing White v. Pauly, 137 S. Ct. 548, 551 (2017)).

Jimenez v. Rise Boro

District Court, E.D. New York · Oct 6, 2025

An action is frivolous when “the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy.” Livingston v. … Finally, in order to establish a prima facie case of age discrimination, a plaintiff must show “(1) that she was within the protected age group, (2) that she was qualified for the position, (3) that she experienced adverse

Uwadiegwu v. Department of Social Services

91 F. Supp. 3d 391 · District Court, E.D. New York · Mar 11, 2015

Since Plaintiff has failed to demonstrate any constitutional or federal statutory violation, the Court need not reach the issues of municipal liability or qualified immunity. A. … Plaintiffs Complaint does not clearly explain what this “voucher” is or how it was procured. .

Doe v. Salina, Jr.

District Court, E.D. New York · Dec 11, 2024

of a school principal should result in the application of qualified immunity from suit[,]” (ii) “[t]hey did not violate any clearly established right of which a reasonable person should have known[,]” (iii) “[e]ven if … “Public officials are entitled to qualified immunity ‘unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” Hogue v.

Man-Of-Jerusalem v. Hill

769 F. Supp. 97 · District Court, E.D. New York · Aug 14, 1991

The Rehabilitation Act of 1973, 29 U.S.C. § 794 (a), prohibits discrimination against qualified handicapped individuals in any program or activity receiving federal funding. … under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities

The Toledo

30 F. Supp. 93 · District Court, E.D. New York · Oct 13, 1939

It is necessary to keep clearly in mind the two different capacities in which libellant sues, and I will, therefore, consider -them separately in their order. ' The charterparty, which was on the Government-New York Produce … The evidence clearly shows that the ship was not seaworthy at these times.

In Re Grand Jury Subpoena Duces Tecum Served Upon Rabbinical Seminary Netzach Israel Ramailis

450 F. Supp. 1078 · District Court, E.D. New York · May 10, 1978

under the Establishment Clause. 3 . … Relevance may be established with reference to categories of documents. Id at 80; M. G, Alien & Associates, supra, 391 F.Supp, at 998, 5 .

Officemax Inc. v. Cinotti

966 F. Supp. 2d 74 · District Court, E.D. New York · Apr 29, 2013

According to OMI, as an Account Executive, Cinotti “develop[ed] new business with corporate and organizational customers by soliciting and selling office supplies and related services to customers, by establishing customer … John Humphries at Telephonies in New York, clearly in an attempt to solicit business on behalf of W.B. Mason, away from [OMI].

Ruben Condenser Co. v. Aerovox Corp.

7 F. Supp. 168 · District Court, E.D. New York · May 28, 1934

No voids in the unit are clearly shown. … Wide variances would deprive them cf immunity.

Brower v. Continental Airlines, Inc.

62 F. Supp. 2d 896 · District Court, E.D. New York · Jul 29, 1999

In order to establish a prima facie case of discrimination under the ADA 2 , Brower must prove: (1) Continental is subject to the ADA; (2) that she is disabled within the meaning of the ADA; (3) that she is otherwise qualified … Because Brower cannot establish a prima facie case of retaliation, that claim is dismissed. V.

United States v. Basciano

763 F. Supp. 2d 303 · District Court, E.D. New York · Jan 12, 2011

It explained: First, unlike sentence enhancements under the ACCA, a sentence of death does not automatically result if the defendant has qualifying predicate offenses under § 3592(c)(4). … With respect to immunity, defense counsel reiterated the application to immunize Santomaggio at oral argument (see Arg.