Case law

Jackson v. Nassau County

District Court, E.D. New York · Jul 28, 2021

Qualified immunity shields government officials from civil liability resulting from the performance of their discretionary functions only where their conduct “does not violate clearly established … To determine whether qualified immunity applies, courts consider “whether the facts shown make out a violation of a constitutional right and whether the right at issue was clearly established

United States Postal Service v. Phelps Dodge Refining Corp.

852 F. Supp. 156 · District Court, E.D. New York · May 18, 1994

Since defendants have not met their burden of establishing the privilege as to these drafts, they must all be disclosed. … Zirlin will not suffice to establish whether and when the work product doctrine became applicable.

Graff v. United States

269 F. Supp. 2d 76 · District Court, E.D. New York · Jun 25, 2003

The petitioner may prove the deficiency prong by establishing that his attorney’s conduct fell “outside the wide range of professionally competent assistance,” id. at 690 , 104 S.Ct. 2052 , and establish prejudice by showing … A petitioner may establish constitutionally inadequate performance if he shows that counsel omitted significant and obvious issues while pursuing issues that were clearly and significantly weaker.

McCloud v. Dzurenda

District Court, E.D. New York · May 13, 2021

Second, “the conduct complained of must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.” Id.; see also Snider v. … Section 1983 Claim as Construed Against Nassau County It is well-established that a municipality, such as Nassau County, may be liable under Section 1983 only if the “plaintiff proves that action pursuant to

United States v. Williams

529 F. Supp. 1085 · District Court, E.D. New York · Dec 22, 1981

It is true that the tape clearly shows that Williams rejected an offer of money in return for immigration aid to the sheik. … They focused the issues clearly for the jury. Central to the case were the credibility of defendant Williams, of defendant Feinberg, and of Sandy Williams, the government’s immunized witness.

McLaurin v. Apfel

95 F. Supp. 2d 111 · District Court, E.D. New York · Apr 27, 2000

Schaefer, 509 U.S. 292, 302 , 113 S.Ct. 2625, 2632 , 125 L.Ed.2d 239 (1993) (winning remand pursuant to sentence four of 42 U.S.C. § 405 (g) qualifies as prevailing for purposes of EAJA). … In reviewing this record, plaintiff should have recognized that the conflicting evidence clearly warranted remand. Ms.

Scalamandre v. Oxford Health Plans (N.Y.), Inc.

823 F. Supp. 1050 · District Court, E.D. New York · Jun 15, 1993

Beyond certain doses, however, chemotherapy can destroy the patient’s bone marrow and in turn impair the immune system and make the patient vulnerable to the most minute infections. … Clearly, this would have been a *1061 breach of the instructions in the Freedom Plan.

St. Clair v. Cadles of Grassy Meadows II, L.L.C.

550 B.R. 655 · District Court, E.D. New York · May 14, 2016

Chen Qualified Settlement Fund, 552 F.3d 218, 227 (2d Cir.2009). … As the cases above establish, such comments are clearly insufficient to disturb the Bankruptcy Court’s ruling on appeal on the ground of judicial bias.

Cuno, Inc. v. Pall Corp.

121 F.R.D. 198 · District Court, E.D. New York · Jul 5, 1988

Consequently, communications that fall within the privilege are immune from discovery. … The burden of establishing the elements of the privilege rests with the party asserting it. Detection Systems, Inc. v. Pittway Corporation, 96 F.R.D. 152, 154 (W.D.N.Y. 1982) (citing Fisher v.

Merchants Ins. Group v. Mitsubishi Motor Credit Association

732 F. Supp. 2d 146 · District Court, E.D. New York · Aug 13, 2010

MMCA contends, to the contrary, that California law applies and clearly precludes Merchants from bringing the present claim for contribution and indemnity against the insured of an insolvent insurer. … Indeed, MMCA appears to have abandoned its argument that it does not qualify as an “owner” under New York law. Merchants II, 356 Fed.Appx. at 551 n. 1. 8 .

Daniel v. Mondelez Int'l, Inc.

287 F. Supp. 3d 177 · District Court, E.D. New York · Feb 26, 2018

"In establishing a certainly impending future injury, ... the plaintiff must establish *185 how he or she will be injured prospectively and that the injury would be prevented by the equitable relief sought." … At the time of the filing of this Memorandum and Order, Lexis appears to have mistakenly added a qualifier to 1 NYCRR section 259.1(a).

Hernandez v. Immortal Rise, Inc.

306 F.R.D. 91 · District Court, E.D. New York · Mar 27, 2015

February 3, 2015 was the deadline for class members to qualify as an “Authorized Claimant” by filing a Claim Form to join the settlement. … However, in the "Release” section, there is a typographical error that clearly conflicts with the other provisions of the Agreement.

Gonzalez v. City of New York

135 F. Supp. 2d 385 · District Court, E.D. New York · Mar 28, 2001

To the contrary, it would appear that there is a clearly rational connection between board certification and the qualifications of Ambulance Destination Facilities. … In order to establish a prima facie case of intentional age discrimination, the plaintiffs must show that: 1) they are members of the protected class, 2) they were otherwise qualified for their jobs, 3) they suffered an adverse

Harris v. Board of Education

230 F. Supp. 3d 88 · District Court, E.D. New York · Feb 2, 2017

Becoming a member of the ATR also does not by itself qualify as a materially adverse employment action. … Plaintiff has not established that being excessed caused any change in her opportunity for promotion.

Wewe v. Mt. Sinai Hospital

District Court, E.D. New York · Feb 11, 2021

that immunity by statute.” … The Air Stabilization Act clearly provides that an individual who chooses to file a VCF claim, “waives the right to file a civil action (or to be a party to an action) in any Federal

Anastasiou v. M/T WORLD TRUST

338 F. Supp. 2d 406 · District Court, E.D. New York · Oct 1, 2004

Summary Judgment Standard The standard for granting summary judgment is well established. … While the Second Circuit has held that a shipowner’s “compliance with SOLAS” and the rules of the classification society do “not establish the vessel’s seaworthiness,” see Asbestos Corp. Ltd. v.

Cai v. Civil Court of the City of New York County of Richmond

District Court, E.D. New York · Mar 2, 2023

immunity “by enacting Section 1983.” … However, contempt proceedings are one type of civil proceeding that the Supreme Court has said “clearly fall[s] within” the scope of Younger abstention. Id. at 433 (citing Sprint Commc’ns, Inc. v.

Constantino v. New York City Police Department

District Court, E.D. New York · Feb 21, 2023

The two actions therefore clearly involve common — effectively, identical — questions of law and fact and considerations of judicial economy thus favor consolidation. … P. 8, providing the defendant(s) with notice of the claim(s) by clearly identifying each claim.

Kalliope R. ex rel. Irene D. v. New York State Department of Education

827 F. Supp. 2d 130 · District Court, E.D. New York · Jun 1, 2010

Therefore, the Court finds that plaintiffs have established that exhaustion would be futile. 3. … The “something more” necessary to plead a plausible discrimination claim can be established by showing bad faith or gross misjudgment by the defendant. See id.

YAN WON LIAO v. Holder

691 F. Supp. 2d 344 · District Court, E.D. New York · Mar 3, 2010

However, the district court declined to certify a broad class because the plaintiffs in that case failed to clearly establish that the adult children had statutory standing to challenge the petitions. Id. … “Aging out” occurs when a child turns 21 and no longer qualifies as a "child” who is entitled to his parent's status. 4 .