Case law

Giles

District Court, E.D. New York · Nov 18, 2025

To establish personal involvement, a plaintiff must plead that “each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Tangreti v. … “To qualify for the Fifth Amendment privilege, a communication must be testimonial, incriminating, and compelled.” United States v. Shvartsman, 722 F. Supp. 3d 276, 314 (S.D.N.Y. 2024) (quoting Hiibel v. Sixth Jud.

Hine v. Mineta

238 F. Supp. 2d 497 · District Court, E.D. New York · Jan 2, 2003

In this case, the defendant clearly established that the plaintiff made no viable attempt to find any kind of employment for more than seven years. … The evidence showed that trainees often took five years to qualify and that not all succeeded.

Scodari v. Alexander

69 F.R.D. 652 · District Court, E.D. New York · Jan 15, 1976

The government has advanced a number of grounds in its motion to dismiss this action, including absence of subject matter jurisdiction, lack of standing, sovereign immunity, and failure to state a claim upon which relief … These regulations clearly set forth the responsibilities and rights of the government, and they quite arguably are intended to benefit and to lend protection to informants as well.

Eppel v. United States

District Court, E.D. New York · Aug 7, 2024

The FTCA sets out a waiver of sovereign immunity. … The DFE “is thus a form of retained sovereign immunity,” In re World Trade Ctr.

In Re Agent Orange Product Liability Litigation

611 F. Supp. 1267 · District Court, E.D. New York · Jul 3, 1985

Comeaux "cannot clearly recall the color of the various bands used" on the barrels he and Mr. Lilley handled. … Carnow is sufficiently qualified to testify.

Equal Opprtunity Employment Commission v. United Health Programs of America, Inc.

213 F. Supp. 3d 377 · District Court, E.D. New York · Sep 30, 2016

(a) Qualification In establishing qualification for a position, claimants must show that they were qualified for their positions at the time their employment ended. See Kovaco v. … Here, defendants contend that none of the claimants were qualified.

Ethelberth v. Choice Security Co.

91 F. Supp. 3d 339 · District Court, E.D. New York · Feb 27, 2015

Together, these facts establish the first Carter factor in favor of finding employer liability as to Omogun. The evidence also establishes the second factor in the Carter framework. … Having found that Omogun was an employer under the FLSA, the Court finds that Omogun also qualifies as an employer under the New York Minimum Wage Act.

Midouin v. Downey Savings & Loan Ass'n

834 F. Supp. 2d 95 · District Court, E.D. New York · Sep 28, 2011

This presumption can be reversed only if the law can clearly be shown to fit within the confines of paragraph (c). For these purposes, paragraph (c) is intended to be interpreted narrowly. … Here, the crux of plaintiffs allegations under NYGBL § 349 is that the loan application Downey prepared should have disclosed more clearly plaintiffs income and employment information.

Boro Hall Corp. v. General Motors Corp.

68 F. Supp. 589 · District Court, E.D. New York · Nov 1, 1946

It is not clearly shown whether a new contract was made in January of 1940, which was cancelled as above, or that the 1939 agreement was carried into and through 1940 until September 1st. … defendants were estopped to reduce the zone of influence du'ring the year 1939, because the plaintiff had purchased the building which has been referred to three years before that time, in reliance upon the assertion by qualified

Herman v. Wieber

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

Qualified Immunity “Qualified immunity is available to officials” in a Section 1983 action “so long as their actions do not violate ‘clearly established statutory or constitutional … Even in the absence of probable cause, a police officer is entitled to qualified immunity where (1) her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Humphrey v. Diamant Boart, Inc.

556 F. Supp. 2d 167 · District Court, E.D. New York · Feb 13, 2008

Specifically, under Rule 702, the Court must determine whether the expert is qualified “by knowledge, skill, experience, training, or education.” Fed.R.Evid. 702. … Secondly, the warning on the guard and the associated pietogram, which shows a broken blade, mixes with it the warning about carbide-tipped blades, rather than clearly separating the two.

Mailloux v. Arrow Financial Services, LLC

204 F.R.D. 38 · District Court, E.D. New York · Nov 7, 2001

.2001) (under similar circumstances, the court found that “absent one iota of evidence as to the number of people who may have received such a letter from [the defendant],” the plaintiff has failed to meet his burden of establishing … While it is true that “the debtor’s understanding of the communication is clearly relevant” to the first part of the inquiry, Swanson v.

United States v. 216 Bottles, More or Less

36 F.R.D. 695 · District Court, E.D. New York · Jan 21, 1965

. § 352 (a), in that the labeling contains false and misleading statements as to its effectiveness to eliminate wrinkles and to provide a face lift without surgery; and (iii) its label fails to bear the established name of … For instance, in cases of this type tests and opinions predicated upon units other than those seized are clearly admissible into evidence. United States v.

Gates v. Dalton

441 F. Supp. 760 · District Court, E.D. New York · Nov 30, 1977

The agreement, however, failed to meet the complete approval of the Construction Industry Stabilization Committee established to enforce governmental wage restrictions then in effect. … Provision shall be made therein for procedures to compute the amounts of restitution, for identification of class members who are qualified to receive such amounts, for appropriate notification to such class members and for

Soybel v. The City of New York

District Court, E.D. New York · Nov 13, 2024

Carson, 52 F.3d 1173 (2d Cir. 1995), which they claimed clearly forecloses disgorgement as a remedy in this case. (Id. 4-7.) … Disgorgement Would Not Constitute a Forward-Looking Remedy in This Case The issue then becomes whether ordering disgorgement from defendants would qualify as forward-looking if the allegations of the Amended Complaint

Reynoso v. All Foods, Inc.

908 F. Supp. 2d 330 · District Court, E.D. New York · Dec 7, 2012

In order to establish a prima facie case of discrimination, a plaintiff must show that: (1) she is a member of a protected class, (2) she was qualified for the position she held or sought, (3) she suffered an adverse employment … On the other hand, her subsequent termination clearly constitutes an adverse employment action. See Miller v.

Burnette v. Commissioner of Social Security

District Court, E.D. New York · Jan 28, 2020

his or her case at steps one through four of the sequential five-step framework established in the SSA regulations.” … A claimant must establish that she “satisfies all of the criteria of that listing, including any relevant criteria in the introduction.”

Porter v. Services for the Underserved

District Court, E.D. New York · Feb 15, 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 … DISCUSSION A plaintiff seeking to bring a lawsuit in federal court must establish that the court has subject matter jurisdiction over the action.

Oliver v. Punter

District Court, E.D. New York · Aug 10, 2022

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 … Secretary, Establishment Div., Gov’t of People’s Republic of Bangl., 481 F.

In Re Seizure of All Funds in Names Registry Pub.

887 F. Supp. 435 · District Court, E.D. New York · May 30, 1995

The defendant property, however, itself is immune from suppression and remains subject to forfeiture. Daccarett, 6 F.3d at 46 ; $37,780 in U.S. Currency, 920 F.2d at 163 . … In the Court's view, the registries and accompanying services offered by the Company clearly establish that there are real, viable business networking opportunities incident to membership in the Company's registries.