Case law

Opinions from 1658 to today.

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  • Weinstein v. Islamic Republic of Iran

    299 F. Supp. 2d 63 · District Court, E.D. New York · Jan 13, 2004

    Claims Tribunal at The Hague, established under the Accords, has not been completed. Newcomb Deck ¶ 13 & Exh. … That provision, unlike the TRIA provision, clearly authorizes attachment or execution of property “regulated” under the IEEPA.

    Cited 15 timesPublished
  • Fiedler v. Incandela

    222 F. Supp. 3d 141 · District Court, E.D. New York · Dec 6, 2016

    They further argue that “all defendants are entitled to qualified immunity as there was at least arguable probable cause for the arrest of the plaintiff,” Id. at 3 . … Therefore, to prevail on a claim arising under Section 1983, a plaintiff must establish: “(1) the deprivation of any rights, privileges, or immunities secured by the Constitution and its laws; (2) by a person acting under

    Cited 38 timesPublished
  • Brown v. Suffolk County 3rd Present Police Dept

    District Court, E.D. New York · Aug 13, 2021

    The Court accepts the Long Form for filing and, upon review, the Court finds that plaintiff is qualified by her financial position to commence this action without prepayment of the filing fee. … Any amended complaint shall be clearly labeled “Amended Complaint”, shall bear the same docket number as this Order, 20-CV-3342, and shall be filed within thirty (30) days from the date of this Order.

    Cited 0 timesUnknown
  • McManus v. Capital Airlines, Inc.

    25 F.R.D. 34 · District Court, E.D. New York · Feb 15, 1960

    The plaintiff’s primary assertion is that the facts necessary to sustain his cause have been established in his favor, by action of the Board. … Clearly such a matter is not adequately encompassed in the papers before the court on this motion. Motion denied. Settle order on four days’ notice within ten days from the date hereof.

    Cited 0 timesPublished
  • Ramey v. Rockefeller

    348 F. Supp. 780 · District Court, E.D. New York · Oct 3, 1972

    We likewise see nothing wrong in making the decision of the board of elections “presumptive evidence,” provided, as clearly is the ease, that the presumption is rebuttable. … Mitchell, 275 N.Y. 73 , 9 N.E.2d 783 (1937) (long-time student clearly having no other home denied registration).

    Cited 26 timesPublished
  • Gail Houston v. Department of Education; Mr. Weibusch, Principal; Ms. Lyn Davis, Assistant Principal; Ms. Christie, the Secretary; Ms. Gardener; Lucille Lamont, Para Representative; Lora Elliot, Paraprofessional; Ms. Mckensie; Ms. Nurse; Dr. Luciano, Former Principal; Ms. Lovender, Paraprofessional; Ms. Labady, Teacher; and Ms. A. Charles, School Secretary.

    District Court, E.D. New York · Apr 10, 2026

    must dismiss a complaint sua sponte if it determines that the suit is “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … Here, the Court granted Plaintiff the opportunity to amend, and the Amended Complaint failed to cure the deficiencies clearly identified in the October 9 Order.

    Cited 0 timesUnknown
  • In Re Grand Jury Subpoena Served Upon J. K. Lasser & Co.

    448 F. Supp. 103 · District Court, E.D. New York · Mar 17, 1978

    While only line 12 on page 1 of the return, recording income of $3,575, does not clearly disclose the nature of the income and its taxable quality, and the, inferentially, large deductions claimed to be allowable are not … in conjunction with his attorney alone, without using an accountant’s assistance, unless, perhaps, in the case of a return of tax so formidably complex that preparation of the return was peculiarly the special task of a qualified

    Cited 0 timesPublished
  • Caulfield v. Board of Ed. of City of New York

    486 F. Supp. 862 · District Court, E.D. New York · Aug 27, 1979

    It is further understood that the commitment made herein does not establish quotas. … What the Board did was to let the teachers themselves establish the discriminatory process. . . .

    Cited 23 timesPublished
  • United States v. Jones

    105 F. Supp. 3d 233 · District Court, E.D. New York · Apr 27, 2015

    As a result, the court finds that Jones qualifies for the career offender enhancement under the Guidelines. 1 II. DISCUSSION A. Is the Offense of Conviction a “Crime of Violence”? … Here, the statute of conviction is divisible into separately listed offenses, see Beardsley, 691 F.3d at 263-64 , but criminalizes some conduct that clearly does not fall within the Guidelines’ definition of a “crime of violence

    Cited 0 timesPublished
  • Melzer v. Board of Education

    196 F. Supp. 2d 229 · District Court, E.D. New York · Feb 26, 2002

    defendants, who each claim qualified immunity. . … Furthermore, dismissal of the complaint renders academic the qualified immunity claims raised by the individual defendants. . "DX” refers to exhibits introduced by defendants. .

    Cited 2 timesPublished
  • Weser v. Glen

    190 F. Supp. 2d 384 · District Court, E.D. New York · Feb 25, 2002

    We receive many more qualified applications than we can accept. … In addition, plaintiffs religious discrimination claims against the Law School are barred by the Eleventh Amendment, and defendants Glen, Ortiz and Scott enjoy qualified immunity precluding claims against them in their individual

    Cited 10 timesPublished
  • Coppedge v. Elis

    District Court, E.D. New York · Mar 31, 2022

    The Actions of mrs Elis has now stamped public opinion, qualiFying, by law, such Liens. … Moreover, Judge Saladino is absolutely immune from suit. “It is well settled that judges generally have absolute immunity from suits for money damages for their judicial actions.”

    Cited 0 timesUnknown
  • Rabbi Jacob Joseph School v. Province of Mendoza

    342 F. Supp. 2d 124 · District Court, E.D. New York · Oct 25, 2004

    This is clearly not desirable here. See also Kerotest Manufacturing Co. v. … The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-1611 (“FSIA”), enacted in 1976, provides the sole and exclusive standards to be used in resolving questions of sovereign immunity raised by foreign states before Federal

    Cited 23 timesPublished
  • Ganthier v. North Shore-Long Island Jewish Healthy System

    298 F. Supp. 2d 342 · District Court, E.D. New York · Jan 12, 2004

    On October 30, 2001, Tobin informed the plaintiff that effective November 5, 2001, the plaintiff would begin working as a data entry clerk, a position for which the plaintiff thought she was over qualified. … Thus, to establish a claim under Section 1981, the plaintiff must allege facts in support of the following elements: (1) the plaintiff is a member of a racial minority; (2) an intent to discriminate on the basis of race by

    Cited 3 timesPublished
  • DeFilippo v. GMRI, Inc.

    10 F. Supp. 2d 245 · District Court, E.D. New York · Jun 30, 1998

    In order to survive a motion for summary judgment on a discrimination claim, the plaintiff must establish a prima facie case by producing evidence sufficient to support a reasonable inference of discrimination. … Such circumstances clearly do not suggest a discriminatory motive for plaintiffs termination.

    Cited 1 timesPublished
  • Penberg v. HEALTHBRIDGE MANAGEMENT

    823 F. Supp. 2d 166 · District Court, E.D. New York · Oct 17, 2011

    Plaintiffs termination from his position in 2007 clearly constitutes an adverse employment action. … In order to establish a prima facie case of interference with plaintiffs exercise of FMLA rights, plaintiff must establish that: 1) he is an eligible employee; 2) defendant qualifies as an employer under the FMLA; 3) plaintiff

    Cited 12 timesPublished
  • Smith v. John Doe Police Officer

    District Court, E.D. New York · Feb 24, 2020

    A defendant is entitled to qualified immunity under federal law if (1) the defendant’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … “In the false arrest context, ‘[a]n arresting officer is entitled to qualified immunity . . . even when probable cause to arrest does not exist, if he can establish that there was arguable probable cause to arrest.’”

    Cited 0 timesUnknown
  • DeFreitas v. Suffolk County Sheriff Errol D. Toulon Jr.

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

    LEGAL STANDARDS The Second Circuit has established a two-step procedure by which the district court first considers whether a plaintiff qualifies for IFP status, and then considers … , prosecutorial immunity, or Eleventh Amendment sovereign immunity as discussed above.

    Cited 0 timesUnknown
  • Gortat v. Capala Bros.

    257 F.R.D. 353 · District Court, E.D. New York · May 5, 2009

    The parties here clearly dispute when and where the foremen and laborers were expected to report to work. … To the contrary, Carter clearly implies that no single factor alone is dispositive of the economic reality determination.

    Cited 45 timesPublished
  • Benesi-Griffin v. City of NY

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

    (“The statutory scheme recognizes, however, that whether a plaintiff qualifies for in forma pauperis status and whether his claims have merit present two distinct issues.”). … Waco, 502 U.S. 9, 11 (1991) (“[J]udicial immunity is an immunity from suit, not just from the ultimate assessment of damages.”); see also Davis v. Gillespie, No. 22-CV-6207, 2023 WL 5002553, at *5 (E.D.N.Y.

    Cited 0 timesUnknown

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