Case law

Fludd v. Marroquin

District Court, E.D. New York · Nov 30, 2019

Plaintiff alleges that the DA’s Office committed “egregious conduct” by “ratif[ying] and condon[ing]” Officer Marroquin’s failure to investigate “the facts that were clearly before him” and by failing to “request [that … A plaintiff can establish an official policy or custom by showing any of the following: (1) a formal policy officially endorsed by the municipality; (2) actions or decisions made by municipal officials with decision-making

Noveck v. PV Holdings Corp.

742 F. Supp. 2d 284 · District Court, E.D. New York · Sep 21, 2010

Additionally, under Fed.R.Evid. 702, the Court must also determine whether the proposed witness is qualified to testify as an expert, and if qualified, whether scientific, technical, or other specialized testimony provided … Litig., 818 F.2d 187, 193 (2d Cir.1987) (issues of fact at the summary judgment stage “cannot be established by mere speculation or idiosyncratic opinion, even if that opinion is held by one who qualifies as an expert”).

In Re Williams

188 B.R. 331 · District Court, E.D. New York · Oct 28, 1995

While the Bankruptcy Court’s findings of fact may not be set aside unless clearly erroneous, decisions of law are reviewed de novo. … Finally, the Gains Tax does not qualify as a property tax because the Gains Tax is assessed against the transfer of the property as opposed to ownership of the property itself.

Alie v. Nynex Corp.

158 F.R.D. 239 · District Court, E.D. New York · Aug 5, 1994

Burdine, 450 U.S. 248, 252-53 , 101 S.Ct. 1089, 1093-94 , 67 L.Ed.2d 207 (1981), the plaintiff must set forth specific factual allegations establishing a prima facie case. Fonte, 848 F.2d at 25 . … Plaintiff Alie states clearly that she is a native of China and a member of the Asian race, and thus belongs to a protected class.

Fox v. Cheminova, Inc.

213 F.R.D. 113 · District Court, E.D. New York · Feb 28, 2003

However, Plaintiffs contend there are likely over three hundred (300) lobstermen who may qualify for inclusion in this class. … This is clearly the ease here.

Pemrick v. Stracher

67 F. Supp. 2d 149 · District Court, E.D. New York · Nov 8, 1999

Plaintiffs Prima Facie Case To establish a prima facie case of discrimination because of sex or age, a plaintiff must establish that (1) she belongs to a protected class; (2) she applied for a specific position with the defendant … There is evidence in the record which, if believed by a jury, would establish that Pemrick was qualified for the positions for which she applied, or that the defendants purposefully and unlawfully engineered a scheme to prevent

Kaba v. Hope Home Care

District Court, E.D. New York · Aug 26, 2023

As to whether Plaintiff qualifies for in forma pauperis status, that “decision . . . is left to the District Court’s discretion[.]” Fridman v. City of New York, 195 F. Supp. 2d 534, 536 (S.D.N.Y. 2002). … district court “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

Matter of Extradition of Atta

706 F. Supp. 1032 · District Court, E.D. New York · Feb 14, 1989

Specifically, he concluded that the attack on the Egged Bus constituted a “political act” for which Ahmad was immune from extradition and that, even if Ahmad were subject to extradition, the Magistrate “would be unable to … These facts do not establish that all settlers on the West Bank were a functional part of the Israeli military.

Flynn v. Hach

138 F. Supp. 2d 334 · District Court, E.D. New York · Apr 10, 2001

The Second Circuit has expressly ruled that a “plan including non-employees is not qualified under section 401.” Stochastic Decisions, Inc. v. … define “employee” as the word is used in § 401(a), in this area as in the other two statutes already discussed, it is well-settled by the courts that Congress intends a common law definition of that term unless legislation “clearly

Cora v. Rennassace Men Shelter

District Court, E.D. New York · Jan 22, 2024

The Court’s obligation “to construe a pro se complaint liberally” continues to apply “[e]ven after Twombly” established the plausibility standard for assessing pleadings. Newsome v. Bogan, 795 F. … ., “the claim lacks an arguable basis in law” or “a dispositive defense clearly exists on the face of the complaint.”

Calen v. United States

District Court, E.D. New York · Sep 24, 2021

Sovereign Immunity It is well settled that, as sovereign, the United States “is immune from suit save as it consents to be sued . . . , and the terms of its consent to be sued … Importantly, because a district court would lack subject matter jurisdiction to adjudicate claims against the United States absent a waiver of sovereign immunity, the plaintiff bears the burden of establishing that his

Reynolds v. United States

127 F. Supp. 373 · District Court, E.D. New York · Jan 3, 1955

Even if the foregoing does not apply in this City, it clearly states a rule which must be acceptable in the general sense. … He was not in the position of one who never had qualified for a license, and while technically was guilty of driving without one, he is not shown to have been called upon to meet such a charge under Sec. 70 of the Vehicle

Waite v. Gonzalez

District Court, E.D. New York · Mar 31, 2023

App’x 400, 401 (2d Cir. 2007)), “actions taken as an investigator enjoy only qualified immunity.” Zahrey v. Coffey, 221 F.3d 342, 346 (2d Cir. 2000). … “While the party claiming absolute immunity bears the burden of establishing its applicability, once a court determines that absolute immunity applies, the actor is shielded from liability for damages regardless of the

PacNet Services Ltd. v. United States Department of the Treasury

District Court, E.D. New York · Feb 24, 2021

The Court addresses below the four statutes that PacNet asserts establish a waiver of sovereign immunity here. None are applicable. … . § 1335, did not waive sovereign immunity, § 702 of the APA did waive sovereign immunity for the Fish & Wildlife Service because, unlike the Probation Office, it qualified as an “agency.”

Bourgal v. Robco Contracting Enterprises, Ltd.

969 F. Supp. 854 · District Court, E.D. New York · Jun 27, 1997

ERISA section 515 requires that employers who are signatories to collective bargaining agreements providing for qualified multiemployer benefit plans make the specified contributions. … The Funds have also established that the corporate defendants share common facilities and equipment.

Sutton v. Stony Brook University

District Court, E.D. New York · Aug 18, 2021

Rio, 496 F.3d 139, 154 (2d Cir. 2007) (“When a defendant . . . invokes qualified immunity . . ., a court must first consider [whether] . . . the facts, viewed in the light most favorable … If the answer to this question is no, ‘there is no necessity for further inquiries concerning qualified immunity.’” (quoting Saucier v.

In Re US Attorney

784 F. Supp. 1019 · District Court, E.D. New York · Feb 14, 1992

judicial districts, to assist the courts in identifying and recommending persons who are best qualified to fill such positions." 28 U.S.C. § 631 (b)(5). … Khan, 774 F.Supp. 748 (E.D.N.Y.1991), the determination of a motion to quash a grand jury subpoena, In re Grand Jury Proceedings Dzikowich, 620 F.Supp. 521 (D.C.Wis.1985), and the issuance of an order granting immunity to

United States v. Scopo

814 F. Supp. 292 · District Court, E.D. New York · Feb 19, 1993

Clearly, Sco-po could not reasonably have believed that he was free to leave. On these facts, this court finds that the detectives clearly subjected Scopo to a full-blown arrest. … (“Here, the objective circumstances clearly justified stopping the car.

Foe v. Cuomo

700 F. Supp. 107 · District Court, E.D. New York · Nov 17, 1988

Plaintiffs claim that, inter alia, a shortage of qualified staff, overcrowding of hospital living units, lack of adequate health care, and failure to provide active treatment amount to a denial of the right of involuntarily … Cuomo, 729 F.2d at 106 (JCAH accreditation is prima facie proof of adequacy of care), the risks of establishing liability clearly counsel approval of the Proposed Agreement. See Harris v.

Metso Minerals, Inc. v. Powerscreen International Distribution Ltd.

833 F. Supp. 2d 282 · District Court, E.D. New York · Dec 8, 2011

This Rule is well and clearly explained in the seminal case of This Is Me, Inc. v. Elizabeth Taylor, 157 F.3d 139 (2d Cir.1998). … Just because “an issue [i]s submitted to a jury does not automatically immunize an accused infringer from a finding of willful infringement .... ” DePuy Spine, 567 F.3d at 1337 . It is a case specific inquiry.