Case law

Casseus v. Verizon New York, Inc.

722 F. Supp. 2d 326 · District Court, E.D. New York · Jul 9, 2010

Thus, reasonable minds can clearly disagree on the weight that should be given to that videotape. … Clearly, this is a different question than "why were you fired?” 11 .

Demartino v. New York State Department of Labor

167 F. Supp. 3d 342 · District Court, E.D. New York · Mar 1, 2016

Glennon, 757 F.2d 496, 501 (2d Cir.1985) (“Clearly, a violation of state law is not cognizable under § 1983.” (citation omitted)). … Because the Amended Complaint is dismissed on other grounds, the court does not reach the process issue raised by the DOL, the Monell issue raised by DASNY, or the qualified immunity issues raised by both defendants. .

Jasmin v. Maccarone, PC

District Court, E.D. New York · Dec 9, 2022

Plaintiff’s In Forma Pauperis Application is Granted The Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing … Any Amended Complaint shall be clearly labeled “Amended Complaint” and shall bear the same Docket Number as this Order, 22-CV-6743(JS)(LGD).

Phillips v. United States Postal Service

District Court, E.D. New York · Dec 6, 2022

A cause of action may also be dismissed sua sponte when it is “based on an indisputably meritless legal theory”—that is, when it “lacks an arguable basis in law . . . or [when] a dispositive defense clearly exists on the … “The doctrine of sovereign immunity is jurisdictional in nature, and therefore to prevail, the plaintiff bears the burden of establishing that [his] claims fall within an applicable waiver.” Makarova v.

Burton v. U.S. Rego Park Postal Service

District Court, E.D. New York · Apr 13, 2022

Accordingly, the USPS, like the United States, has sovereign immunity from suit. United States v. … "The doctrine of sovereign immunity is jurisdictional in nature, see FDIC v.

Crews v. County of Nassau

149 F. Supp. 3d 287 · District Court, E.D. New York · Dec 16, 2015

This , testimony clearly vitiates plaintiffs évidence in support of causation for his Monell claim. … The "undisputed” damages qualifying for rthis exception involve easily computed numbers such as back pay, U.S. E.E.O.C. v.

DNJ Logistic Group, Inc. v. DHL Express (USA), Inc.

727 F. Supp. 2d 160 · District Court, E.D. New York · Jul 23, 2010

It also cannot be said that plaintiffs fraud claim is clearly substantively deficient. … A promise of future volume expectations can only qualify as a material misrepresentation if it was made “with a present, but undisclosed intent not to perform .... ” Schulman v.

Culpepper v. Doe

District Court, E.D. New York · Oct 4, 2023

Plaintiff’s In Forma Pauperis Application is Granted The Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing … Indeed, “[t]here is a long-established principle that the routine, random strip searches of inmates, including body cavity inspections, do not violate the Fourth Amendment.”

Sikorski v. Sikorski

930 F. Supp. 804 · District Court, E.D. New York · Jul 5, 1996

Violation of these regulations would result in the plan losing its qualified status under the IRC. … The Court’s stated conclusions clearly indicate that the defendants’ refusal to grant Charles a lump sum distribution was in compliance with the IRC’s nondiscrimination require *813 ments.

National Committee to Preserve Social Security v. Philip Morris USA Inc.

601 F. Supp. 2d 505 · District Court, E.D. New York · Mar 5, 2009

American Tobacco, 346 F.3d at 43 (“defendants are clearly correct when they assert that ‘the trigger for bringing a MSP claim is not the pendency of a disputed tort claim, but the established obligation to pay medical costs … Defendants do not dispute that they qualify as "primary plans” under a 2003 amendment to the statute, which expanded the definition of "plan” to include an “entity that engages in a business, trade or profession” that "carries

Cruz v. Apfel

48 F. Supp. 2d 226 · District Court, E.D. New York · Mar 10, 1999

of qualified attorneys for the proceedings involved, justifies a higher fee.” … government’s position that cost of living increases should be added only to and since the rate established in 1996 is clearly correct, and thus the court may not award fees for attorneys at a rate greater than $129.65. 4

Parris v. ACME Bus Corp.

956 F. Supp. 2d 384 · District Court, E.D. New York · Jul 9, 2013

Courts typically address claims of constructive discharge in the hostile work environment context, where the plaintiff “must show that the abusive working environment became so intolerable that her resignation qualified as … Defendant also notes that plaintiffs’ claims of discrimination could be viewed as a cause of action for retaliation, although this also clearly fails.

Lewis v. Roth

District Court, E.D. New York · Feb 9, 2022

Plaintiff’s In Forma Pauperis Application is Granted The Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing … or [when] a dispositive defense clearly exists on the face of the complaint.” Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998) (citation omitted).

Cavienss v. Alito

District Court, E.D. New York · Oct 9, 2025

§ 1654, the Second Circuit has established that a pro se plaintiff may not bring claims on behalf of a proposed class of similarly situated people. See Kimber v. Tallon, 556 Fed. … Judicial immunity is not limited to immunity from damages; it also extends to claims for declaratory and injunctive relief. Celli v. Bondi, No. 24 CIV. 7442, 2025 WL 903136, at *10 (S.D.N.Y. Mar. 24, 2025); Fontil v.

Ashby v. Weinberger

402 F. Supp. 1203 · District Court, E.D. New York · Sep 10, 1975

Accordingly, on December 30, 1973, Congress amended the original legislation establishing the SSI program to provide that only those who were receiving benefits under state-adminis *1205 tered programs prior to June 1, 1973 … , would be entitled to be automatically transferred to' the SSI program, while all those who had entered the state Rolls between June 1st and December 31st, 1973, would now be required to qualify as new applicants for SSI

United States v. Doe

252 F. Supp. 3d 170 · District Court, E.D. New York · Apr 20, 2017

This clearly includes transactions with suppliers such as Seller. … John Doe No. 2, meanwhile, qualifies as an “other person” subject to the recordkeeping requirements of Section 426 because the number of purchases he made and the amounts of money he spent clearly indicate that he bought

Gu v. Salem

District Court, E.D. New York · Feb 27, 2025

Amendment immunity . . . .” … states’ immunity in enacting 42 U.S.C. § 1983.

Citizens Bank v. Decena

562 B.R. 202 · District Court, E.D. New York · Nov 29, 2016

For this reason, a loan will only qualify as a “student loan” for purposes of federal bankruptcy law if it is incurred in order to pursue an education at an institution featured on the Federal School Codes List. … According to the Debtor, the impression clearly given by the inclusion of this information on the loan application was that St.

Otte v. Franklin National Bank of Franklin Square

179 F. Supp. 381 · District Court, E.D. New York · Dec 29, 1959

There is no doubt that this is what took place, but there is a deficiency in records from which the time could be established. … Were Siegel and Levy de facto officers of the bankrupt and duly qualified to execute the resolution?

United States v. Gotti

776 F. Supp. 666 · District Court, E.D. New York · Oct 23, 1991

Both sections clearly provide for appeals to the United States Court of Appeals. … The evidence considered at the detention hearing clearly and convincingly established that Frank Locascio is the underboss of an organized crime “family” {see, e.g., intercepted conversations between John Gotti and Frank