Case law

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

Weil Ceramics & Glass, Inc. v. Work

110 F.R.D. 500 · District Court, E.D. New York · Feb 19, 1986

Work Product Privilege Plaintiffs claim that many of the withheld documents fall within the qualified privilege accorded to an attorney’s work product. Developed in Hickman v. … Work product immunity does not *505 shield all materials prepared by a lawyer.

Santana v. Exodus Transitional Community, Inc.

District Court, E.D. New York · Sep 20, 2022

Although the Complaint alleges that Plaintiff was denied “interaction with the person who hires and interviews people” when Plaintiff applied for a case manager position at Exodus, alleges that individuals less qualified … Should Plaintiff choose to do so, such Amended Complaint must clearly specify the legal claims that Plaintiff intends to assert. Order, ECF No. 3.

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.

New York v. Shinnecock Indian Nation

400 F. Supp. 2d 486 · District Court, E.D. New York · Nov 7, 2005

Although this Court has already recognized the tribal status of the Shinnecocks based on the Plaintiffs’ past admissions, it is also worth noting that the Shinnecocks clearly meet the criteria for tribal status set forth … It has been suggested that an owner by adverse possession against a municipality in New York may be subject to a defense of immunity by the latter. In Albany Parking Services, Inc. v.

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

Dickman v. Verizon Communications, Inc.

876 F. Supp. 2d 166 · District Court, E.D. New York · Jun 28, 2012

Where a movant without the underlying burden of proof offers evidence that the non-movant has failed to establish her claim, the burden shifts to the nonmovant to offer “persuasivq evidence that [her] claim is not ‘implausible … May 16, 2005) (noting that “while [Section 1681t(b)(1)(F) ] appears to grant absolute immunity to furnishers of information, [Section 1681h(e) ] appears to bestow only qualified immunity, while permitting claims that include

Alcala v. MTA Metropolitan State Authority

District Court, E.D. New York · Jan 7, 2025

Title II expressly lists the qualifying places of public accommodation: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, … Amendment sovereign immunity.

Dajbabic v. Rick's Café

995 F. Supp. 2d 210 · District Court, E.D. New York · Feb 6, 2014

Clearly, this is, at best, clerical work. Where this employee is specific in his billings, the unreasonableness is often readily apparent. … Plaintiff will therefore be awarded only $350 in filing fees and $110 in reasonable process server fees, which expenses clearly occurred within the time period of allowable costs.

Koffsky v. Apfel

26 F. Supp. 2d 475 · District Court, E.D. New York · Nov 16, 1998

In order to prove that she was qualified for insurance coverage, the ALJ determined that Koffsky was required to prove that she had 18 quarters of coverage prior to her alleged disability. … While Koffsky maintains that the statute in question violates notions of equal protection because it treats self employed people differently from wage earners, self-employees are clearly not a class that have historically

United States Ex Rel. Negron v. State of New York

310 F. Supp. 1304 · District Court, E.D. New York · Mar 26, 1970

United States, 369 F.2d 366 (9th Cir. 1966)), or where the defendant was able to afford a qualified interpreter. In United States v. … To warrant the finding of waiver it must be clearly established that there was an intentional relinquishment or abandonment of a known right or privilege. Johnson v.

Maccaro v. U.S Government

District Court, E.D. New York · Sep 24, 2025

An action is frivolous when “the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy.” Livingston v. … He claims that he was drugged by various food establishments that are not named as defendants.

Hughes v. Irvin

967 F. Supp. 775 · District Court, E.D. New York · Jun 25, 1997

Subsequently, the lower court found that Hughes failed to establish that the *779 pr jffered police report was authentic. … The amended habeas corpus statute clearly applies to Hughes' petition since it was filed after the effective date of the AEDPA. See Reyes v.

McCluskey v. Roberts

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

In addressing the second of three elements which a defendant must prove in order to establish the affirmative defense of res judicata, the Prior Order stated: “the second element does not require that defendants establish … – misapprehends the scope of judicial immunity.

Yafai

District Court, E.D. New York · Aug 26, 2026

Visa Application Process An American citizen seeking to have an alien relative permanently stay in the United States begins by filing a Form I-130 petition with USCIS in order to establish … . § 1346(a)(2), waives sovereign immunity for breach of contract claims against the United States. See ECF No. 20, at 17.

Malek v. Ingoglia

District Court, E.D. New York · Mar 9, 2023

“Similarly, the Rehabilitation Act requires specified otherwise qualified disabled individuals receive reasonable accommodations from programs receiving federal financial assistance.” Milner v. … None of these allegations establish that any of the individuals, or Legal Aid as an entity, acted under the color of state law.

McMillan v. Togus Regional Office, Department of Veteran Affairs

294 F. Supp. 2d 305 · District Court, E.D. New York · Nov 25, 2003

appears)_ Multiple Myeloma No time requirement (veteran qualifies no _matter when this disease first appears)_ Non-Hodgkin’s Lymphoma No time requirement (veteran qualifies no _matter when this disease first appears)_ Types … Clearly, enforcement of the subpoenas carries the *318 potential for chilling the exercise of First Amendment rights. Id. at 1276. Similarly, in Richards of Rockford v. Pac. Gas & Elec.

Hiller v. County of Suffolk

199 F.R.D. 101 · District Court, E.D. New York · Feb 20, 2001

In rulings prior to and during the ensuing trial, the court dismissed the claims against the individual defendants on grounds of immunity and limited the trial on damages to issues regarding the emotional distress suffered … Hiller’s testimony established a somewhat higher degree of emotional distress.

In re Schatz

226 F. Supp. 507 · District Court, E.D. New York · Feb 17, 1964

I share also the Referee’s view that the bankrupts failed to meet the burden imposed upon them to overcome the prima facie case established by the objector. See in Re Haggerty, 2 Cir., 165 F.2d 977 . … Under General Order 47 I am required to accept the Referee’s findings of fact unless they are clearly erroneous.