Case law

Capobianco v. Brink's Inc.

543 F. Supp. 971 · District Court, E.D. New York · Jul 20, 1982

On defendants’ motions to dismiss, the Court held that FMCS is immune from suit, United States v. Testan, 424 U.S. 392 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976); Blackmar v. … With these principles in mind, it is clear that plaintiff has failed to establish his claim of unfair representation.

Huffman v. Brooklyn College

District Court, E.D. New York · Jan 5, 2022

DEFENDANTS’ MOTIONS TO DISMISS ON THE BASIS OF SOVEREIGN IMMUNITY Defendants argue first that sovereign immunity bars Huffman’s ADEA, NYSHRL, and NYCHRL claims … To establish a prima facie case, a plaintiff must show that “(1) she was within the protected class; (2) she was qualified for the position; (3) she was subject to an adverse employment action; and (4) the ad- verse

Manavazian v. Atec Group, Inc.

160 F. Supp. 2d 468 · District Court, E.D. New York · Aug 23, 2001

Nov.19, 1999) (“linking future success to present and past performance does not render statements immune from liability”). … Consequently, defendants are not immunized by the safe harbor provision or bespeaks caution doctrine.

Philippeaux v. County of Nassau

921 F. Supp. 1000 · District Court, E.D. New York · Apr 10, 1996

A plaintiff establishes a prima facie ease by proving by a preponderance of the evidence: (i) that he belongs to a protected class; (ii) that he applied for and was qualified for a job for which the employer was seeking applicants … According to the defendants, this negates the plaintiffs ability to establish a prima facie case because he is unable to show that he was qualified for these positions.

Town of Oyster Bay v. Occidental Chemical Corp.

987 F. Supp. 182 · District Court, E.D. New York · Dec 5, 1997

A plaintiff establishes a prima facie case under CERCLA by proving that: (1) the defendant is within one of the four categories of responsible parties; (2) the landfill site qualifies as a “facility” as defined in 42 U.S.C … No causation is needed, however, to establish liability under CERCLA.”).

McGowan v. Associated Universities, Inc.

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

Aug. 12, 2002), aff’d 3 Not to mention the fact that, in establishing the scope of the CERCLA statute of limitations provisions in Freier, the Second Circuit cited as support an Eleventh Circuit case clearly holding that … The parties expend great energy on characterizing this defense, to wit: whether it constitutes sovereign immunity, qualified immunity or an exclusive remedy that prohibits the instant suit.

Yuhas v. Associated Universities, Inc.

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

Aug. 12, 2002), aff’d 3 Not to mention the fact that, in establishing the scope of the CERCLA statute of limitations provisions in Freier, the Second Circuit cited as support an Eleventh Circuit case clearly holding that … The parties expend great energy on characterizing this defense, to wit: whether it constitutes sovereign immunity, qualified immunity or an exclusive remedy that prohibits the instant suit.

Sinisgallo v. Town of Islip Housing Authority

865 F. Supp. 2d 307 · District Court, E.D. New York · May 23, 2012

Plaintiffs allegations are clearly not nearly enough under the Due Process Clause to sustain a constitutional claim.”). ii. … In order to establish a violation under the ADA and Rehabilitation Act, the Plaintiffs must demonstrate that: ■ (1) Tsilimparis is a “qualified individual” with a disability; (2) the IHA is subject to the ADA and the Rehabilitation

Aran v. The Department of Treasury

District Court, E.D. New York · Feb 8, 2022

or a dispositive defense clearly exists on the face of the complaint.” Livingston v. Adirondack Beverage Co., 141 F.3d 434, 473 (2d Cir. 1998). … immunity.

Corrow v. Nassau Correctional Center

District Court, E.D. New York · Feb 22, 2025

“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. … Further, Corrow’s allegations of “pain” from exposure to mold in the shower do not establish a risk of serious damage to his health. (Id.)

Weiss v. INCORPORATED VILLAGE OF SAG HARBOR

762 F. Supp. 2d 560 · District Court, E.D. New York · Jan 24, 2011

For example, the lack of foreign language interpreters would have no impact on plaintiff, who is representing herself in this litigation and clearly is fluent in English. 10 Likewise, it is hard to imagine any scenario in … Village Law also does not limit qualified electors to those who appeared on the last preceding village real property assessment roll or, stated more simply, property *577 owners.

United States v. Massino

319 F. Supp. 2d 295 · District Court, E.D. New York · Jun 1, 2004

Second, when “testimony” is considered in' functional terms, guilty pleas clearly qualify- as testimonial. The Crawford Court stated that one “formulation!] … As a result, the allocution is implicit in the guilty plea, and the guilty plea qualifies as “testimonial” under Crawford .

Gobindram v. Bank of India

538 B.R. 629 · District Court, E.D. New York · Aug 25, 2015

In this case, appellant’s post-petition disclosures do not explain appellant’s false oath in his petition and establish innocent intent, such that the Bankruptcy Court’s finding of reckless indifference was clearly erroneous … defense of reliance on counsel is not available when it is transparently plain that the advice is improper.”); In re Tully, 818 F.2d at 111 (“[A]n attorney’s willingness to bear the burden of reproach [cannot] provide blanket immunity

Rosenberg v. Chesapeake Pharmaceutical & Health Care Packaging

888 F. Supp. 2d 302 · District Court, E.D. New York · Aug 27, 2012

Prima Facie Case To establish a prima facie case of discrimination, a plaintiff must show that: (1) she belonged to a protected class, (2) was qualified for the position she held or sought, and (3) suffered an adverse employment … Instead, for present purposes, it will be assumed that plaintiff was replaced by Mathews, and therefore that plaintiff has established her “minimal” prima facie burden to establish an inference of discrimination.

Miller v. NATIONAL ASS'N OF SECURITIES DEALERS

703 F. Supp. 2d 230 · District Court, E.D. New York · Apr 6, 2010

Plaintiff clearly struggled with the demands of his job for years, and his supervisors thoroughly documented their mounting concerns about his work quality and quantity and his proficiency with computer applications and member … Thus, a plaintiff establishes a prima facie case in this context by showing that he: (1) was a member of an employee benefit plan; (2) was qualified for the position he held; and (3) was discharged under circumstances that

Palmer v. Flood

District Court, E.D. New York · Feb 13, 2020

Section 1983 Section 1983 establishes a cause of action “for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United … Any amended complaint shall clearly be labeled “Amended Complaint” and shall bear the same docket number as this Order, 20-CV-00141 (GRB)(AKT).

Ascher v. Target Corp.

522 F. Supp. 2d 452 · District Court, E.D. New York · Oct 15, 2007

As an initial matter, Ascher has not demonstrated that Silberman possesses a sufficient level of expertise to qualify as an expert on safety in the retail environment. … cause of the accident); Manning v. 6638 18th Avenue Realty, 28 A.D.3d 434 , 814 N.Y.S.2d 178 (2d Dept.2006) (finding that an expert’s theory of design defect was insufficient to raise a triable issue of fact when it was clearly

Pocchia v. Prudential Insurance

74 F. Supp. 2d 240 · District Court, E.D. New York · Nov 5, 1999

, and that the SPD clearly does not provide for such offsets. … In fact, the Rado Document fails to qualify as an SPD under the statutory criteria.

Faine v. Zep, Inc.

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

Aug. 12, 2002), aff’d 3 Not to mention the fact that, in establishing the scope of the CERCLA statute of limitations provisions in Freier, the Second Circuit cited as support an Eleventh Circuit case clearly holding that … The parties expend great energy on characterizing this defense, to wit: whether it constitutes sovereign immunity, qualified immunity or an exclusive remedy that prohibits the instant suit.

Hobson v. Zep, Inc.

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

Aug. 12, 2002), aff’d 3 Not to mention the fact that, in establishing the scope of the CERCLA statute of limitations provisions in Freier, the Second Circuit cited as support an Eleventh Circuit case clearly holding that … The parties expend great energy on characterizing this defense, to wit: whether it constitutes sovereign immunity, qualified immunity or an exclusive remedy that prohibits the instant suit.