Case law

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.

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

Schreier v. Weight Watchers Northeast Region, Inc.

872 F. Supp. 1 · District Court, E.D. New York · Dec 31, 1994

The testimony of these new witnesses or affidavits will allegedly establish that Ms. Schreier fears heights and would never have stood on a chair. … Schreier’s counsel was clearly competent and fully performed her duties in a most commendable manner. Presentation of record on appeal Ms.

Santiago Ex Rel. Muniz v. Hernandez

53 F. Supp. 2d 264 · District Court, E.D. New York · Apr 29, 1999

Hawaiian Homes Comm’n, 739 F.2d 1467, 1470-71 (9th Cir.1984) (plaintiffs could bring § 1983 action because statute clearly mandated that trust be established for benefit of Hawaiians such as plaintiffs and did not foreclose … With regard to Blessing , plaintiffs cannot establish that the right they seek to enforce is not vague and amorphous.

Manz v. Gaffney

200 F. Supp. 2d 207 · District Court, E.D. New York · May 6, 2002

In this analysis, the court notes that there is no question but that Plaintiff suffers from an ADA “physical impairment” and that such impairment has an effect on Plaintiffs ability to see, clearly an ADA “major life activity … It matters not that Plaintiff is of the opinion that he was passed over for the promotion in favor of a less qualified applicant.

Kaba v. Hope Home Care

District Court, E.D. New York · Apr 18, 2024

shall” dismiss an in forma pauperis action when 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 … In order to establish a prima facie case of age discrimination in violation of the ADEA, a plaintiff must show: (1) that he was within the protected age group (more than 40 years old); (2) that he was qualified for his

Malek v. James

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.

Malek v. New York State Unified Court System

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.

Malek v. New York State Unified Court System

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.

Marisco v. NCO Financial Systems, Inc.

946 F. Supp. 2d 287 · District Court, E.D. New York · May 23, 2013

These cases essentially immunize debt collectors from liability under 15 U.S.C. § 1692e(b) unless the debt collectors have “reason to suspect” that a third party would overhear the message. Clayson v. … Thus, if Congress had intended to engraft an “intent” or “knowledge” element to state a cause of action under 15 U.S.C. § 1692e(b), it clearly would have done so. Andrus v. Glover Constr.

O'CONNELL v. Hove

821 F. Supp. 862 · District Court, E.D. New York · May 17, 1993

When “exempt” federal employees work overtime, they are compensated at a rate established by the FEPA. 5 U.S.C. § 5542 (a). … Accordingly, plaintiffs clearly have the right to invoke the grievance procedure to pursue their FLSA claims.

Women of Color for Equal Justice v. The City of New York

District Court, E.D. New York · Nov 18, 2022

assurance for immunization related activities and other immunization related activities. … Apr. 2022 Update) (“Any doubt or difficulty about the procedure in actions for a declaratory judgment disappears if the action is regarded as an ordinary civil action, as Rule 57 clearly intends. . . .

Torres v. Towmotor Division of Caterpillar, Inc.

457 F. Supp. 460 · District Court, E.D. New York · Nov 18, 1977

Both Courts qualified the use of this term by stating that Seider had only “in effect” established a direct action against the insurer. … In Seider , the New York Court of Appeals clearly rejected the contention that their decision established a direct action against the insurer.

Moolenaar

District Court, E.D. New York · Jun 1, 2026

He requested an investigation to locate his tablet, along with its prompt return, but did not clearly state a claim for relief. See id. at 4–5. … Collectively, Defendants raise grounds for dismissal based on FRCP Rules 4(e), 8(a), 12(b)(1), and 12(b)(6), as well as sovereign and qualified immunity.

Marini v. Adamo

812 F. Supp. 2d 243 · District Court, E.D. New York · Sep 26, 2011

(See Predicates Catalog: Mailings Qualifying as Mail Fraud, Predicate Acts 2-3.) … See id. at 79-80 (holding that the "investment scheme involved in the present case clearly qualified as an investment contract” because "the investment by members of the public was a profit-making venture in a common enterprise

Sciarrino v. Municipal Credit Union

894 F. Supp. 102 · District Court, E.D. New York · Aug 7, 1995

Moreover, as defendants point out, an integral part of plaintiffs own argument is that he was not qualified for the job in the Collections Department. … Defendants have clearly met their burden of advancing a legitimate, nondiscriminatory explanation for plaintiffs discharge.

ISENALUMHE v. McDuffie

697 F. Supp. 2d 367 · District Court, E.D. New York · Mar 17, 2010

Defendants argue that plaintiffs have failed to establish any of the three elements of their prima facie case. … Finally, they raise several other arguments: (1) that they are entitled to qualified immunity, (2) that the applicable statute of limitations bars consideration of any adverse actions occurring before March 6, 2003 (i.e.,

Arroyo v. Nassau County Correctional

District Court, E.D. New York · Nov 2, 2022

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether plaintiff qualifies for in forma pauperis status, and then considers … Section 1983 “creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v.

Findley v. Trustees of the Manville Personal Injury Settlement Trust

237 F. Supp. 2d 297 · District Court, E.D. New York · Dec 27, 2002

It establishes an irre-buttable presumption that living claimants with confirmed mesothelioma qualify for such treatment since there is normally substantial medical doubt that they will survive beyond six months. … It also establishes a rebuttable presumption that living claimants with confirmed lung cancer caused by asbestos exposure qualify for Exigent Health treatment. 2002 TDP, supra, section C.10.(a).

Gray v. Nassau County Jail

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

10-12.) 1 Upon review of plaintiff’s submissions, the Court finds that he is qualified … 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.