Case law

McIntyre v. LONGWOOD CENTRAL SCHOOL DISTRICT

658 F. Supp. 2d 400 · District Court, E.D. New York · Sep 30, 2009

the protected class received higher compensation; and (4) she was qualified to receive the higher wage.” … Under Section 1983, a plaintiff must show: (1) the deprivation of any rights, privileges or immunities secured by the Constitution and federal law, (2) by a person acting under the color of state law. 12 42 U.S.C. § 1983

Matter of Application for Appoint. of Ind. Counsel

596 F. Supp. 1465 · District Court, E.D. New York · Nov 6, 1984

Affidavits by six persons characterized as highly qualified experts on the professional responsibilities of prosecutors 1 are *1467 submitted in support of the application. … That Act defines with meticulous specificity the circumstances under which a special prosecutor may be appointed by a division of the Court established for that purpose by 28 U.S.C. § 49 .

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.

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

Gambello v. Time Warner Communications, Inc.

186 F. Supp. 2d 209 · District Court, E.D. New York · Feb 15, 2002

Plaintiff was not qualified for the position, with its increased focus on sales, because of his poor sales performance. … I do not resolve whether these claims crossed the line, however, because another claim so clearly did that Rule 11 sanctions are required.

Hutchinson, M.D. v. Northwell Health, Inc.

District Court, E.D. New York · Mar 27, 2024

Plaintiff’s complaint clearly satisfies the first requirement for a § 1981 claim. … Southside’s “Immunity From Liability” provision is substantially similar in scope. DE 35-8 at 115.

Missick v. City of New York

707 F. Supp. 2d 336 · District Court, E.D. New York · Mar 22, 2010

Pursuant to McDonnell Douglas, the plaintiff bears the initial burden of establishing a prima facie case by showing (1) that she is a member of a protected class, (2) that she was qualified for the position in question, ( … Here, Missick’s failure to establish a prima facie ADA claim arises most clearly from her inability to demonstrate that she suffers from an ADA-cognizable disability.

Bey v. Scott Sr.

District Court, E.D. New York · Oct 6, 2025

There is no subject matter jurisdiction if “the purported federal claim is clearly ‘immaterial and made solely for the purpose of obtaining jurisdiction’ or is ‘wholly insubstantial and frivolous.’” … Travis, 171 F.3d 757, 760 (2d Cir. 1999) (“It is . . . well established that officials acting in a judicial capacity are entitled to absolute immunity against § 1983 actions, and this immunity acts as a complete shield

Fotopolous v. Board of Fire Commissioners of the Hicksville Fire District

11 F. Supp. 3d 348 · District Court, E.D. New York · Mar 31, 2014

plaintiff must allege and prove four elements: (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities … Although it is unclear whether under Second Circuit law a political party is a protected group satisfying § 1985’s class-based discrimination requirement, the Second Circuit has clearly stated that a plaintiff who claims

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

Ragusa v. Malverne Union Free School District

582 F. Supp. 2d 326 · District Court, E.D. New York · Sep 30, 2008

Plaintiffs vague testimony about stray remarks made by unknown people, absent any concrete particulars, is clearly insufficient to support an inference of national origin discrimination. … Plaintiff asserts that she qualifies as disabled under the first and third definitions. The Court examines these two below. a.

Lee Road Partners, Ltd. v. F.W. Woolworth Co. (In Re Lee Road Partners, Ltd.)

169 B.R. 507 · District Court, E.D. New York · Jul 12, 1994

As Black’s Law Dictionary states, possession is “[t]he detention and control ... of anything which may be the subject of property, for one’s use and enjoyment, either as owner or as the proprietor of a qualified right in … Clearly, then, Woolworth’s relationship to the Premises falls squarely within both the ordinary understanding and conventional dictionary definitions of possession.

Dubic v. Norbert of 609 Centerwood West Babylon NY 11704

District Court, E.D. New York · Jan 28, 2025

It is well-established that “the United States Constitution regulates only the Government, not private parties.” Ciambriello v. Cnty. of Nassau, 292 F.3d 307, 323 (2d Cir. 2002). … “To establish joint action, a plaintiff must show that the private citizen and the state official shared a common unlawful goal; the true state actor and the jointly acting private party must agree to deprive the plaintiff

Davis v. Racette

99 F. Supp. 3d 379 · District Court, E.D. New York · Apr 21, 2015

For the purposes of federal ha-beas review, “clearly established law” is defined as “the holdings, as opposed to dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” … A state court decision is “contrary to,” or an “unreasonable application of,” clearly established law if the decision (1) is contrary to Supreme Court precedent on a question of law; (2) arrives at a conclusion different

Charles v. Doe 1

District Court, E.D. New York · Jan 19, 2022

It is “clearly established that an officer’s significant use of force against an arrestee who was no longer resisting and who posed no threat to the safety of officers -- whether such … The Amended Complaint shall be clearly labeled “Amended Complaint” and shall bear case number 21-CV-5422(JS)(JMW).

Jurist v. The Long Island Power Authority

District Court, E.D. New York · May 10, 2021

challenge to the Parks Department’s determination under SEQRA that construction of the Energy Education Center would not lead to any adverse environmental impacts is time-barred; and (5) Plaintiffs’ complaint did not qualify … See George, 769 N.Y.S.2d at 536 (“Here, Congress clearly manifested its intent to negate a private right of action by creating an enforcement scheme that involves only federal administrative action . . . .

Burton v. Social Security Administration

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

such immunity is waived." … Meyer, 510 U.S. 471, 475 (1994), and therefore, to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver." Makarova v.

Ticali v. Roman Catholic Diocese of Brooklyn

41 F. Supp. 2d 249 · District Court, E.D. New York · Mar 24, 1999

Legal Standard In a standard Title VII case, the plaintiff must first establish a prima facie case of unlawful discrimination by showing that (1) he or she is a member of a protected class (2) who was qualified for his or … Cohen, Helen Hershkoff, Establishing Education Program Inadequacy: The Alabama Example, 28 U. Mich. J.L.

Felix v. County of Nassau

District Court, E.D. New York · Sep 12, 2023

Applying these standards, the Court concludes that the doctrine of sovereign immunity applies. The OAG is clearly an arm of the state carrying out New York’s criminal investigatory and prosecutorial functions. … To the extent this language can be read to mean something in the context of this motion, the Court interprets it to establish that whatever authority the OAG has, including any authority that a local county prosecutor

Jessup v. Nassau County Corr. Fac.

District Court, E.D. New York · May 15, 2020

Upon review, the Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing fees. … In Forma Pauperis Application Upon review of Plaintiff’s Long Form in forma pauperis application, the Court finds that Plaintiff is qualified to commence