Case law

Johnson v. New York City Transit Authority

639 F. Supp. 887 · District Court, E.D. New York · May 8, 1986

under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities … The Court’s examination of the record before it demonstrates clearly that there is no genuine issue of material fact. Plaintiff’s three allegations against Local 100 are baseless.

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.

Holmes v. Groder

District Court, E.D. New York · Oct 25, 2024

The determination of whether an applicant qualifies for IFP status is within the discretion of the district court. DiGianni v. Pearson Educ., 10-CV-0206, 2010 WL 1741373, at *1 (E.D.N.Y. … term of imprisonment with five years of post-release supervision. 3 defendant who is immune

Shimon v. Wong

911 F. Supp. 87 · District Court, E.D. New York · Jan 13, 1996

Mere subjective complaints of pain alone, as well as medical opinions clearly based upon such complaints, are insufficient to raise a triable issue of fact (see Malloy v. Brisco, 183 A.D.2d 704 , 583 N.Y.S.2d 290 ). … See Partlow, supra, 548 N.Y.S.2d at 240 (“there can be no doubt that if a bodily limitation is substantial in degree yet only fleeting in duration, it should not qualify as a ‘serious injury’ under the statute”).

Dorman v. Castro

214 F. Supp. 2d 299 · District Court, E.D. New York · Aug 8, 2002

under § 1983, a plaintiff must allege (1) that the challenged conduct was attributable at least in part to a person acting under color of state law; and (2) that such conduct deprived the plaintiff of a right, privilege or immunity … In addition, statutes are “judged on an as applied basis, one whose conduct is clearly proscribed by the statute cannot successfully challenge it for vagueness ...

Cohen v. J.P. Morgan Chase & Co.

608 F. Supp. 2d 330 · District Court, E.D. New York · Jan 28, 2009

Chase argues that services need not be for the benefit of the borrower nor need they occur before the loan closing in order to qualify as settlement services. … If it is found that collection of the post-closing fee was in fact illegal under RESPA, then first element of § 349 is established. 3.

Foy v. The City of New York

District Court, E.D. New York · Aug 7, 2019

Finally, “qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Without a factual basis to find that any intrusion was more than de minimis, and in the absence of clearly established law on point, I find that Milligan is entitled to qualified immunity on the claim that her removing

Ca, Inc. v. Simple. Com, Inc.

780 F. Supp. 2d 196 · District Court, E.D. New York · Mar 5, 2009

Although this qualifies as movement, CA has not clearly and convincingly shown that a user can actually drag or swap any of these layer elements without using separate buttons (other content), in contravention of the acts … As such, the record clearly establishes that listings 19-11 and 19-12 can be implemented over the Internet.

Homefront Organization, Inc. v. Motz

570 F. Supp. 2d 398 · District Court, E.D. New York · Jul 14, 2008

The Supreme Court has established a two-pronged test to determine whether a claim is ripe for takings-type claims. Williamson County Reg’l Planning Comm’n v. … immunity.

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. . . .

Air Transport Ass'n of America v. Professional Air Traffic Controllers Organization

453 F. Supp. 1287 · District Court, E.D. New York · Jul 17, 1978

any aircraft and air commerce or air transportation at any traffic facility operated by the Federal Aviation Administration, or interference with or obstruction to the application of the safety standards and procedures established … Communications Workers, at p. 54, noted that the permanent injunction in the case, even if otherwise vulnerable to attack under the Norris-LaGuardia Act, would be immune from such attack if entered upon the valid consent

Mascol v. E & L Transportation, Inc.

387 F. Supp. 2d 87 · District Court, E.D. New York · May 9, 2005

The Opinion Letter reasons that given the general principle that exemptions under the FLSA must be narrowly construed, the drivers of this business would not be exempt from overtime unless it was clearly the intent of Congress … Defendants contend that their actions are immunized by Section 10 of the Portal-to-Portal Act, 29 U.S.C. § 259 (1976) (the “Portal Act”). 12 The Portal Act defense was established to protect employers from liability if they

Kandov v. Taylor

District Court, E.D. New York · Aug 12, 2021

The Supreme Court, Queens County clearly had jurisdiction over the case. … Lien Law § 54 (“If the lienor shall fail, for any reason, to establish a valid lien in an action under the provisions of this article, he may recover judgment therein for such sums as are due him, or which he might recover

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.

Diaz v. Residential Credit Solutions, Inc.

297 F.R.D. 42 · District Court, E.D. New York · Jan 23, 2014

Instead, the court need only find proof of a single violation of the FDCPA to establish civil liability against the debt collector. See Bentley v. … In order to satisfy Rule 23(a)(4), a “plaintiff[ ] first must demonstrate that class counsel is qualified, experienced, and gener *52 ally able to conduct the litigation.” Id.

Culpepper v. Toulon Jr.

District Court, E.D. New York · Oct 4, 2023

Plaintiff’s In Forma Pauperis Application is Granted The Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing … frivolous as a matter of law when, among other things, it is based on an “indisputably meritless legal theory” or when it “lacks an arguable basis in law . . . or [when] a dispositive defense clearly

United States v. Hing Shair Chan

680 F. Supp. 521 · District Court, E.D. New York · Feb 9, 1988

He has clearly waived direct confrontation and there has been no violation of his constitutional rights. II. Admission under 18 U.S.C. §§ 3505 . A. Hearsay. … The business entry exception is a firmly established and central part of the hearsay rule.

Kapsis v. American Home Mortgage Servicing Inc.

923 F. Supp. 2d 430 · District Court, E.D. New York · Feb 14, 2013

AHMSI does dispute, however, that the letters plaintiff sent AHMSI qualify as QWRs under RESPA. … Plaintiff clearly indicated that his letter was sent to AHM-SI and that he believed AHMSI’s remittal of Check #490 was erroneous.

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.