Case law

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.

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 .

St. Francis Hospital v. Sebelius

34 F. Supp. 3d 234 · District Court, E.D. New York · Jul 23, 2014

Your Home from the present case by stating that the Secretary’s refusal to reopen in Your Home was a discretionary act, and that the refusal to reopen was the type of “administrative in activity [that is] traditionally immune … The very fact that Plaintiff claims a “qualified” right to finality indicates that Plaintiff does not have a legitimate claim of entitlement to finality in the initial determination.

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.

Marino v. Brookhaven Science Associates, L.L.C.

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.

Torre 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.

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

Richmond Boro Gun Club, Inc. v. City of New York

896 F. Supp. 276 · District Court, E.D. New York · Aug 10, 1995

See Senate Report No. 1852, 58th Cong.2d Session (1904) (endorsing recommendation of the National Board for the Promotion of Rifle Practice that it "qualify[] as finished marksmen those individuals who may be called upon … But such conjectures hardly suffice to establish vagueness in all applications of the law.

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.

Bourlas v. Davis Law Associates

237 F.R.D. 345 · District Court, E.D. New York · Aug 30, 2006

Meeting this so-called “adequacy” requirement requires the establishment of two elements: “(1) the representative plaintiffs’ attorneys must be qualified, experienced, and generally able to conduct the litigation, and (2) … Bromberg is qualified, experienced, and generally able to conduct the present action.

Wilkinson v. New York State

District Court, E.D. New York · Oct 22, 2019

Plaintiff was more qualified than Nancy Black, who was eventually chosen for the position. (Id.) … of [Congress’s] authority [to abrogate sovereign immunity].”).

Sylvane v. Whelan

506 F. Supp. 1355 · District Court, E.D. New York · Feb 4, 1981

On the contrary, we have indicated above the undesireability of establishing federal precedent in a ease such as this. … Plaintiffs ask in their briefs whether the contention by defendants that this suit should be brought in State court amounts to a waiver by defendants of their immunity from suit in State court.

Dora Homes, Inc. v. Epperson

344 F. Supp. 2d 875 · District Court, E.D. New York · Nov 18, 2004

To the contrary, Ventura spoke to both Plaintiffs and Defendants’ counsel during discovery, and thus Ventura was clearly “available” to be deposed and within the subpoena power of the Court. (1/23/04 Tr. at 12); see also … However, Cignatta does not purport to be an expert qualified to give an opinion on the NYS-DEC regulations.

Roosevelt Field, Inc. v. Town of North Hempstead

84 F. Supp. 456 · District Court, E.D. New York · May 18, 1949

To qualify for such rating it is required by the Administration that the approaches to said landing -area shall be -clear of obstructions within a glide -path of 30 feet horizontally to every foot vertically from the end … All other considerations put forward by the defendant in its attack on the complaint clearly involve the resolution of questions of fact which, on a motion of this kind, are not a fit subject of inquiry.

Atlantic Prince, Ltd. v. Jorling

710 F. Supp. 893 · District Court, E.D. New York · Apr 14, 1989

Rather, the evidence establishes that economic protectionism, and not environmental protection, motivated the State to enact this law. … Mason was qualified as an expert witness on the subjects of marine biology and fishery management. Tr2. 7-9.

Jemmott v. City University of New York

885 F. Supp. 393 · District Court, E.D. New York · Oct 28, 1994

Finally, it bears noting that the CUNY system in general and City Tech in particular, are not immune from suits brought by white employees for reverse discrimination. … Plaintiff has easily met the four requirements for establishing a prima facie ease.

Mitchell v. The State of New York

District Court, E.D. New York · Mar 31, 2023

Immunity Even if Plaintiff had established standing to bring his claim, his amended complaint would nonetheless be dismissed under sovereign immunity. … entitled to sovereign immunity.

Jewish Community Center v. Trumbull Insurance

957 F. Supp. 2d 215 · District Court, E.D. New York · Jul 22, 2013

But, making deliveries for his employer clearly would fall within the scope of his employment activities. … Thus, in this context, the JCC alone — and not Sanders — qualifies as the “insured.” .

United States v. Waldbaum, Inc.

593 F. Supp. 967 · District Court, E.D. New York · Sep 4, 1984

Salinas’ affidavit falls far short of establishing a proper factual and statistically valid basis for the legal conclusions defendants ask us to reach. 3 II. … if it appears from the record ... that 12 or more jurors, after deducting the number not legally qualified, concurred in finding the indictment.”

Neurological Sugery Practice of Long Island, PLLC v. United States Department of Health and Human Services

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

(§ 706(2)(B)); acting contrary to constitutional right, power, privilege, or immunity (§ 706(2)(B)); acting in excess of statutory jurisdiction, or limitations (§ 706(2)(C)); and acting without observance of procedure … It claims that defendants have failed to require health plans to clearly state their understanding of whether a case is IDR eligible and an exact value of their Qualified Payment Amount (“QPA”)4 in the EOB.