Case law

Corrow v. Nassu County Police Department

District Court, E.D. New York · Sep 24, 2024

Corrow’s responses on the IFP motion qualify him to commence this action without prepayment of the filing fee. Accordingly, the IFP motion is granted. … Law § 3401 (establishing the NCHCC as a public benefit corporation).

Dimicco v. Citimortgage, Inc.

District Court, E.D. New York · Feb 18, 2020

district court shall dismiss an in forma pauperis action if the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … FDCPA Claims The FDCPA “establishes certain rights for consumers whose debts are placed in the hands of professional debt collectors for collection[.]” DeSantis v.

Adames v. Mitsubishi Bank, Ltd.

133 F.R.D. 82 · District Court, E.D. New York · Apr 27, 1989

Plaintiffs are not required to establish the precise number of the purported class. Somerville v. Major Exploration, Inc., 102 F.R.D. 500, 503 (S.D.N.Y.1984). … One hundred forty-two members are clearly sufficient to satisfy the numerosity requirement. In appropriate cases, classes between 30 and 50 have been certified.

Bryant v. Begin Manage Program

281 F. Supp. 2d 561 · District Court, E.D. New York · Aug 26, 2003

It has already been established that Bryant belongs to a protected group, and clearly Bryant’s complaining about discrimination to the Director of Personnel is protected activity. … Finally, the termination of Bryant’s employment clearly constitutes an adverse employment action.

Davis v. County of Nassau

355 F. Supp. 2d 668 · District Court, E.D. New York · Feb 7, 2005

immunity but not Eleventh Amendment grounds, suggests that the parties believed that this action is a personal capacity suit.”) … The doctrine of respondeat superior cannot be used to establish liability under Section 1983, Blyden v.

William H. Swan & Sons, Inc. v. F. Grauds Kugniecibas Akd. Sab.

20 F. Supp. 8 · District Court, E.D. New York · Jul 6, 1937

The Munson line owned all but three qualifying shares of stock in that corporation. By the terms of the charter, the supplies in question were required to be furnished by the owner, not the charterer. … The foregoing facts are deemed to fall short of establishing that the master ordered this paint from the libelant.

Piccolo v. Singleton

District Court, E.D. New York · Sep 9, 2019

LEGAL STANDARDS The standards for analyzing a motion to dismiss pursuant to Rule 12(b)(6) are well- established. … , or alternatively, qualified immunity.

Dorsett v. County of Nassau

762 F. Supp. 2d 500 · District Court, E.D. New York · Jan 14, 2011

Consequently, courts have held that unfiled documents do not qualify as judicial. … See In re City of New York, 607 F.3d at 944 (where the information “clearly relates to ‘law enforcement techniques and procedures,’ ” the information is covered by the law enforcement privilege, a privilege that is qualified

Malik v. City of New York

District Court, E.D. New York · May 27, 2020

and ADA Jaroslawicz are shielded by absolute immunity. See, e.g., Buckley v. … Kenny and Addonizio’s actions were clearly prosecutorial in nature as they were undertaken to assist in the prosecution of Malik after his indictment.

Roman Catholic Archdiocese v. Sebelius

907 F. Supp. 2d 310 · District Court, E.D. New York · Dec 4, 2012

Catholic Charities claims that it does not qualify for the religious employer exemption to the Coverage Mandate, while the Diocese is uncertain as to whether it will qualify for the exemption. … For the reasons already discussed, the Court is of the opinion that the Coverage Mandate is “quite clearly definitive.” It is not a non-final proposed policy; it is a final rule.

Construction Industry Services Corp. v. Hanover Insurance

206 F.R.D. 43 · District Court, E.D. New York · Dec 6, 2001

Liebgold became privy to the legal advice embodied in the memo, or why this memo might qualify for protection under the attorney-client privilege. … The unnumbered documents submitted on November 27 are clearly communications between counsel and client.

Jimenez v. Chung

District Court, E.D. New York · Mar 17, 2023

’s consent to suit or an express or statutory waiver of immunity. … “It is well-established that New York State has not consented to § 1983 suits in federal court . . . and that § 1983 was not intended to override a state sovereign immunity.” Mamot v. Board of Regents, 367 F.

Celli v. Engelmayer

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

These judges are therefore immune from suit under the doctrine of judicial immunity. … Appx. 230, 231 (2d Cir. 2010) (“It is well established that private attorneys—even if the attorney was court appointed—are not state actors for the purposes of [Section] 1983 claims.”); Harvey v.

G.D.S. v. Northport-East Northport Union Free School District

915 F. Supp. 2d 268 · District Court, E.D. New York · Dec 22, 2012

Legal Standard under Fed.R.Civ.P. 12(b)(6) It is well-established that a complaint should be dismissed under Fed. … It alleges that the acts and omissions of the Defendants violated the Plaintiffs clearly established rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Larsen v. JBC Legal Group, P.C.

533 F. Supp. 2d 290 · District Court, E.D. New York · Feb 12, 2008

JBC, Boyajian and ORM Qualify as Debt Collectors Under the FDCPA As a threshold matter, the Court must determine whether JBC, Boyajian and ORM qualify as debt collectors under the FDCPA for purposes of liability. … The various statements indicating different times within which plaintiff is required to respond are clearly contradictory.

Hawkins v. Nassau County Correctional Facility

781 F. Supp. 2d 107 · District Court, E.D. New York · Feb 8, 2011

Discussion To prevail on a claim under Section 1983, a plaintiff must show: (1) the deprivation of any rights, privileges, or immunities secured by the Constitution and its laws; (2) by a person acting under the color of … Legal Standard 3 As the Second Circuit has explained, pursuant to the standard established by the Supreme Court in Farmer v.

Boyd v. Heckler

588 F. Supp. 31 · District Court, E.D. New York · May 25, 1984

Having established that she had married the late Edward Boyd on October 31, 1951 in Baltimore, Maryland, and that Edward Boyd died in New York in 1968, plaintiff was awarded benefits effective with the month of December 1977 … An applicant can qualify for benefits “if the courts of the State in which [the] insured individual ... was domiciled at the time of death ... would find that such applicant and such insured individual were validly married

Sodhi v. Mercedes Benz Financial Services, USA, LLC

957 F. Supp. 2d 252 · District Court, E.D. New York · Jul 31, 2013

Regardless, the Court need not determine whether the Settlement Agreement bars the Plaintiffs FDCPA claim because, as the Defendant asserts, the Defendant does not qualify as a “debt collector” within the meaning of that … “Ultimately, the critical question [in determining whether a communication violates the FDCPA] is ... whether the notice fails to convey the required information clearly and effectively and thereby makes the least sophisticated

White v. Abney

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

criminal conviction and held that the District Attorney had prima facie established its entitlement to judgment in the amount of $2.4 million. … Still, the Court noted that if discovery were to establish that any of the alleged conduct constituted “preparatory activity” conducted in advance of his grand jury testimony, then he would be entitled to absolute immunity

Pagan v. Abbott Laboratories, Inc.

287 F.R.D. 139 · District Court, E.D. New York · Oct 20, 2012

In this case, the Plaintiffs’ reply clearly raised new factual and legal issues. … they have not established that common *151 questions exist between the putative class members that could be the focus of the ligation.