Case law

In Re Zyprexa Products Liability Litigation

489 F. Supp. 2d 230 · District Court, E.D. New York · Jun 11, 2007

Shroff's background qualifies him to be helpful to the jury. … None of these objections warrant Daubert exclusion, particularly in view of the expert's distinguished career which fully qualifies him to give his proposed opinions that available scientific data do not establish a causal

A. H. Bull Steamship Co. v. National Marine Engineers' Beneficial Ass'n

156 F. Supp. 190 · District Court, E.D. New York · Oct 17, 1957

In neither agreement is the no-strike clause qualified by the wage reopening clause. … Clearly, the purpose of the statute was to force employers to bargain collectively with their employees.

Espinoza v. Federal Bureau of Investigations

District Court, E.D. New York · Aug 27, 2021

“The doctrine of sovereign immunity is jurisdictional in nature, and therefore to prevail, the plaintiff bears the burden of establishing that 3 [his] … Plaintiff has failed to establish any basis for the waiver of sovereign immunity. See Bank v. Wolfe, 19-CV-441, 2020 WL 4748320, at *4 (E.D.N.Y. Aug. 17, 2020) (Matsumoto, J.)

Butler v. Sazerac Company Fireball Manufacturer

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

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether plaintiff qualifies for in forma pauperis status, and then considers … In Forma Pauperis Upon review of the IFP applications, the Court finds that Plaintiff is qualified by his financial status to commence these actions without the prepayment

Rizk v. City of New York

District Court, E.D. New York · Mar 28, 2022

immunity).” … He also may not testify as to what the evidence “clearly show[s].” (Id. at 5.)

Rodriguez v. City of New York

District Court, E.D. New York · Mar 28, 2022

qualified immunity on plaintiff’s excessive force claim under § 1983. … “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232 (2009).

United States v. City of New York

681 F. Supp. 2d 274 · District Court, E.D. New York · Jan 21, 2010

The PRO establishes the starting point. … Comm’n, 490 F.2d 387 , 398-99 (2d Cir.1973), but these measures clearly did not solve the problem in the long term.

Mildner v. Gulotta

405 F. Supp. 182 · District Court, E.D. New York · Mar 29, 1976

First, rejection of the referee’s findings need not be predicated on the conclusion that they were clearly erroneous. … No other body is as well qualified or as interested in determining whether an attorney is qualified to practice law.” Javits v. Stevens, supra, 382 F.Supp. at 141 .

Alleva v. New York City Department of Investigation

696 F. Supp. 2d 273 · District Court, E.D. New York · Mar 12, 2010

In May 2001, Morrick hired Chris Staackmann (“Staackmann”) as a “Chief Investigator”; Staackmann was “younger and less qualified” than Alieva. Id. at ¶¶ 18-19, 23. … The 2002 letter to Brownell did not complain of any age-based discrimination, so it does not qualify as a protected activity; even if it did, Alleva does not establish a causal link to any adverse employment action he suffered

Santagata v. City of New York

District Court, E.D. New York · Mar 23, 2023

Qualified Immunity and the “Fellow Officer Rule” Since this case is being dismissed on collateral estoppel grounds, the Court does not rule as to Defendants’ qualified immunity and statute of limitations … The Court, however, notes that were it to consider Defendants’ qualified immunity argument, the Court would find it unavailing.

United States v. Doe

145 F. Supp. 3d 167 · District Court, E.D. New York · Oct 29, 2015

Given the presumption in favor of juvenile adjudication, “the burden is ‘on the government to establish that transfer to adult status is warranted.’” United States v. … stating, “Plaintiffs’ as-applied challenge involving single-sticker-price sellers fails, so under traditional standards, their facial challenge fails as well”); Mannix, 619 F.3d at 197 (“[0]ne to whose conduct a statute clearly

Paulette v. Suffolk County 5th Precinct Police Department

District Court, E.D. New York · Jul 18, 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. … punctuation, and grammar have not been corrected or noted. 2 pauperis, the Court finds that Plaintiff is qualified

Liverpool v. Cleveland

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

Failure to intercede to prevent an unlawful arrest can be grounds for § 1983 liability, so long as the plaintiff “overcome(s] the hurdle of qualified immunity.” … Therefore, the defendants’ motion for summary judgment on the plaintiff's failure to intervene claim is granted on the basis of qualified immunity.

Burbar v. Incorporated Village of Garden City

303 F.R.D. 9 · District Court, E.D. New York · Sep 22, 2014

The party asserting the privilege bears the “heavy burden of establishing its applicability.” In re Grand Jury Subpoena Dated July 6, 2005, 510 F.3d at 183 . … Although not addressed by the parties, this information is clearly not relevant to the claims or defenses raised in this case.

Gribbin v. New York State Unified Court System

District Court, E.D. New York · Mar 31, 2020

Here, Plaintiff fails to establish abrogation under either test. … her right to reasonable accommodations if such violence resulted in a qualified disability – as it did in this case.

Stern v. United States

949 F. Supp. 145 · District Court, E.D. New York · Dec 11, 1996

the Secretary, according to the provisions of law in that regard, and the regulations of the Secretary established in pursuance thereof.” … As explained above, there is no allegation in this case that plaintiffs’ administrative claim lacked specificity; plaintiffs’ amended returns clearly sought independent contractor status.

Fox v. State University of New York

686 F. Supp. 2d 225 · District Court, E.D. New York · Feb 27, 2010

In a decision dated June 7, 2006, the Court dismissed the ADEA and ADA Title I claims on sovereign immunity grounds, but allowed the plaintiff to proceed on her ADA Title II claims, which included both discrimination and … To establish a prima facie case of employment retaliation, the plaintiff must establish that (1) she “engaged in protected activity” (2) that her employer “was aware of this activity” (3) that her employer “took adverse action

McCollum v. City of New York

District Court, E.D. New York · Nov 25, 2020

“To establish an unconstitutional denial of medical care, a prisoner must prove deliberate indifference to his serious medical needs.’” Hathaway v. … App’x 11, 12–13 (2d Cir. 2001) (“It is . . . well established that officials acting in a judicial capacity are entitled to absolute immunity against § 1983 actions, and this immunity acts as a complete shield to claims

Pothen v. Stony Brook University

211 F. Supp. 3d 486 · District Court, E.D. New York · Sep 30, 2016

“To establish a prima facie case of employment discrimination under Title VII, a plaintiff must show that ‘(1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse … If it had, the Court would dismiss such a claim on the sovereign immunity grounds set forth in the March 21, 2014 Order.

United States v. One Etched Ivory Tusk of African Elephant

871 F. Supp. 2d 128 · District Court, E.D. New York · May 17, 2012

However, nothing in § 17.40(e) suggests that a specimen that qualifies for importation under its terms need not meet the general rules established in § 17.8. … These opinions cohere with the test that Bigio establishes: where the United States Government has brought suit, clearly the court need not worry that it will intrude into an area that the execu *143 tive branch does not