Case law

Holloway v. Suffolk County Correctional Facility Medical

District Court, E.D. New York · Nov 16, 2021

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 … The Amended Complaint shall be clearly labeled “Amended Complaint” and shall bear the case number, No. 21-CV-5011(JS)(JMW).

Johnson v. Tower Air, Inc.

149 F.R.D. 461 · District Court, E.D. New York · Jul 8, 1993

As in the typical disparate treatment case, the employee must prove that she was deprived of a job benefit which she was otherwise qualified to receive because of the employer’s use of a prohibited criterion in making the … Clearly, Paladines was not a pleasant person for whom or with whom to work; plaintiffs letter and deposition testimony make that fact abundantly clear.

Goldsmith v. Scanlon

157 F. Supp. 307 · District Court, E.D. New York · Jan 2, 1958

attack upon the assessment in 1954 is that the original assessment based upon the returns filed March 15, 1948 not having been questioned or reopened within the period of three years, namely by March 15, 1951, it became immune … Director of Internal Revenue, 2 Cir., 229 F.2d 149, 151 , that the subject matter constitute taxes “clearly illegal or other special circumstances,” nor an attempt to collect “a nonexistent tax claim,” which would justify

Gu v. Chen

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

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

Acorn v. United States

662 F. Supp. 2d 285 · District Court, E.D. New York · Dec 11, 2009

The Supreme Court concluded that the appropriations act “clearly accomplishes the punishment of named individuals without a judicial trial.” Id. at 316 , 66 S.Ct. 1073 . … Even putting aside the role of sovereign immunity in barring the recovery of damages, and any other limitations on the recovery of damages by government contractors where sovereign immunity has been waived, the amount of

United States v. New York City Board of Education

556 F. Supp. 2d 202 · District Court, E.D. New York · May 28, 2008

As the Court explained in the April 20th M & O, the lack of categorization is not surprising because the Agreement was clearly intended to remedy both testing and recruiting discrimination. … Furthermore, that these Offerees were eventually qualified to be hired as provisional employees does not establish that they met the specific qualifications for permanent appointment at the time they took a challenged exam

Wyeth v. King Pharmaceuticals, Inc.

396 F. Supp. 2d 280 · District Court, E.D. New York · Oct 17, 2005

In any event, there is nothing in the record to establish that this determination actually occurred. … Here, the issue is not whether the damages claimed are authorized by law — clearly, liquidated damages are — but whether the damages claimed qualify as liquidated damages.

Covello v. Depository Trust Co.

212 F. Supp. 2d 109 · District Court, E.D. New York · Aug 13, 2002

The burden is on the party moving for summary judgment to establish the absence of any genuine issues of material fact, see Anderson v. … The Court also held that “[t]he word ‘substantial’ ... clearly precludes impairments that interfere in only a minor way with the performance of manual tasks from qualifying as disabilities.”

Horowitz v. Anker

437 F. Supp. 495 · District Court, E.D. New York · Sep 7, 1977

Obviously, the college students were not qualified for this research task. … Plaintiff wrote that, since the priority need of the assignments had been more clearly expressed, as soon as he received a verified list of assignments and materials, he would expedite them.

Mayo v. Mayo

District Court, E.D. New York · Aug 29, 2023

At that time, Plaintiff was ordered by a court “to participate in a D.N.A. test to establish paternity, which was clearly established by means of D.N.A. test.” Id. … He does not establish this Court’s jurisdiction to act in these matters.

J&J Sports Productions, Inc. v. 291 Bar & Lounge, LLC

648 F. Supp. 2d 469 · District Court, E.D. New York · Aug 19, 2009

Although the pleadings do not clearly state that the event originated as a satellite signal, which is considered a radio communication under Title 47, see Int’l Cablevision, Inc. v. … These submissions do not qualify as “contemporaneous” billing records, as they consist of nothing but a self-generated table included in the affidavit. See Garden City Boxing Club, Inc. v.

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.

Flanagan v. Girl Scouts of Suffolk County, Inc.

District Court, E.D. New York · Sep 28, 2023

The carve-out language only means that a defendant director or officer seeking to invoke the qualified immunity that § 720-a provides could not do so against allegations that their conduct constituted … Weissman, 1.N.Y.S.3d 169 (2d Dep’t 2014) (in assessing a defendant’s motion to dismiss “premised on the qualified immunity conferred,” noting that § 720-a “confers a qualified immunity on

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

Gu v. Didonato

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

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

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.

Greenidge v. Mundo Shipping Corp.

41 F. Supp. 2d 354 · District Court, E.D. New York · Mar 3, 1999

Congress has not clearly manifested an intent that COGSA completely preempt state law as to shipping by sea. … When they do so, however, COGSA does not apply by its own force, but merely as a contractual term.”). 3 Since defenses premised on federal statutes do not qualify as grounds upon which to establish jurisdiction, Rivet *359

Kramer v. Union Free School District No. 15

282 F. Supp. 70 · District Court, E.D. New York · Jan 30, 1968

The statute clearly sets up a property qualification for voting. This is a denial of equal protection. … qualified to govern — than one who is not a property owner.

United States v. Piatti

416 F. Supp. 1202 · District Court, E.D. New York · Aug 2, 1976

According to these eases and the cases relied upon by the defendant (infra), this would clearly appear to be the law so long as Congress has set and designated the standards for the exercise of the delegated authority by … It does not qualify the President’s authority by reference to the basis, or extent, of the State’s limitation of production.

Schlenker v. Thorne, Neale & Co.

9 F.R.D. 473 · District Court, E.D. New York · Nov 18, 1949

The court there held, unless the plaintiff can qualify under sec. 205(e) of the Emergency Price Control Act, he has no cause of action under the Act, citing Porter v. … The 1946 amendment to Rule 12(e) clearly states that a motion for a more definite statement is proper only “if a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably