Case law

Fortune Soc'y v. Sandcastle Towers Hous. Dev. Fund Corp.

388 F. Supp. 3d 145 · District Court, E.D. New York · Jul 3, 2019

Associational Standing "[I]t is well established that the limitation on raising the rights of a third party does not preclude an organization from establishing standing. … If the Twenty Clients were not otherwise qualified applicants, Defendants' alleged policy could not have caused the alleged economic injury. 16 Plaintiff has demonstrated that the Twenty Clients were otherwise qualified by

Krumholz v. Village of Northport

873 F. Supp. 2d 481 · District Court, E.D. New York · Jul 10, 2012

It would thus be clearly inappropriate for the district court to retain jurisdiction over the state law claims when there is no basis for supplemental jurisdiction.”); Karmel v. … Mar. 10, 2009) (employee qualified for administrative exemption even though she offered no evidence about the amount of time allocated to each duty because her "responsibility to make key decisions with respect to certain

Gu v. Didonato

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

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

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.”

Society for Good Will to Retarded Children v. Cuomo

652 F. Supp. 515 · District Court, E.D. New York · Jan 27, 1987

Rev. 1033 (1983); Gibbons, The Eleventh Amendment and State Sovereign Immunity: A Reinterpretation, 83 Colum.L. … Such an explicit reservation is not indispensable; the litigant is in no event to be denied his right to return to the District Court unless it clearly appears that he voluntarily did more than [inform the court] and fully

Weber v. City of New York

973 F. Supp. 2d 227 · District Court, E.D. New York · Sep 29, 2013

Prima Facie Case To establish a prima facie case of religious discrimination based on disparate treatment, a plaintiff must show “that: ‘(1) he is a member of a protected class; (2) he was qualified for the position he held … Qualification for the Position Although Defendants argue otherwise, Plaintiff is qualified for the position and satisfies this element.

Copeland v. Walker

258 F. Supp. 2d 105 · District Court, E.D. New York · Apr 15, 2003

Clearly Established Law: Batson v. Kentucky The clearly established Supreme Court precedent applicable in this case is Batson v. … There is an insufficient basis for concluding that this decision was “contrary to” clearly established Supreme Court precedent.

Waddlington v. City of New York

971 F. Supp. 2d 286 · District Court, E.D. New York · Apr 23, 2013

The court, therefore, does not address Defendants’ arguments concerning absolute immunity. C. … Finally, because the court has concluded that no constitutional violation occurred, it does not reach the issue of qualified immunity.

Chao v. Hochuli

244 F. Supp. 2d 92 · District Court, E.D. New York · Jan 22, 2003

He clearly had *97 authority over the Plan’s assets and exercised that control. 2. … However, Len-genfelder clearly knew of the transfers because he signed the checks and promissory notes. 4 .

Brown v. United States

661 F. Supp. 2d 341 · District Court, E.D. New York · Oct 1, 2009

One of the first things he did was to hire a lifeguard captain to manage Nickerson Beach, as well as to hire a cadre of qualified men and women lifeguards to set up the beach for the summer. (Id. at 260). … Cosgrove qualified to render an expert opinion in beach management. (Id. at 264-65). 18 . Citations to "Def.’s Post Hrg.

Gu v. Chen

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

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

MLMT 2005-Mcp1 Wash. Office Props., LLC v. Olympia Office LLC (In re Olympia Office LLC)

585 B.R. 661 · District Court, E.D. New York · Feb 26, 2018

When reviewing a bankruptcy court's decision, its "factual findings will be upheld unless clearly erroneous, and its legal conclusions are reviewed de novo." … See Gulf Ins. , 343 B.R. at 56 ("Clearly the [Washington] bankruptcy court is uniquely qualified to determine whether to vacate or enforce orders it previously issued in the underlying bankruptcy case, over which it had unquestioned

Friel v. County of Nassau

947 F. Supp. 2d 239 · District Court, E.D. New York · May 25, 2013

In this regard, under McDonnell Douglas, “[a] plaintiff alleging disparate treatment discrimination [ ] establishes] a prima facie case by showing ‘(1) she was within the protected class; (2) she was qualified for the position … The Court notes that the Defendants’ argument that Section 2.0 of the CBA prohibits this claim from proceeding for *259 ward , is clearly erroneous.

Animal Welfare Institute v. Soller

District Court, E.D. New York · Aug 3, 2020

This reasoning specifically violates the deed restriction as “Defendants’ actions clearly disturb 3 K. … Rule 19 establishes a two-part test for determining whether an action must be dismissed.

Santillan v. United States of America

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

The plaintiff “must allege a violation by a federal official of a clearly established constitutional right for which the federal official does not have immunity.” Nelson v. Hernandez, 524 F. … Federal Tort Claims Act While the United States is generally immune from suit, see United States v.

Elliott v. Donegan

District Court, E.D. New York · Jun 30, 2020

Toledo, 446 U.S. 635, 640 (1980) (“Since qualified immunity is a defense, the burden of pleading it rests with the defendant. … Furthermore, Plaintiff also rightly points out that if Defendant inputted information into the List that was not provided to Defendant for use on the Internet, she would not qualify for CDA immunity.

Citibank, N.A. v. Emery (In Re Emery)

201 B.R. 37 · District Court, E.D. New York · Sep 26, 1996

A district court reviews the bankruptcy court’s “conclusions of law de novo, and findings of fact under a clearly erroneous standard.” … BAP 1989) (“Debtors should not enjoy a period of immunity from conduct that would otherwise be actionable, simply because the Bankruptcy Rules do not address the situation that occurred here, where a discharge is not entered

Irving Subway Grating Co. v. Silverman

117 F. Supp. 671 · District Court, E.D. New York · Dec 22, 1953

not mean that labor unions or their officers are immune, in other respects, from the exercise of the state’s police power to punish fraud, violence, or other forms of misconduct, either because of the commerce clause or … An analysis thereof establishes that the case is inapplicable in this situation.

Haczynska v. Mount Sinai Health System, Inc.

District Court, E.D. New York · Jun 26, 2024

Her request was eventually denied on December 15, 2021, on the basis that she “did not sufficiently establish a sincerely held religious or moral belief that is contrary to the practice of immunization or the COVID-19 … They similarly fail to allege that they were “qualified for the position” they sought, Menaker v.

Livingston

District Court, E.D. New York · Jan 20, 2026

Discretionary Function Exception Unless the United States unequivocally waives its right to sovereign immunity in a statute, it is immune from suit. Cangemi v. … But the Court has no need to reach that question in this case: having reviewed the parties’ evidence, the Court finds that the discretionary function exception clearly applies. II.