Case law

Thomas v. Lord

396 F. Supp. 2d 327 · District Court, E.D. New York · Oct 31, 2005

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), for the relevant clearly established federal law. Davis v. Greiner, 2005 WL 2500690, *5 (2d Cir. Oct.11, 2005); Cox v. … CONCLUSION Based on the foregoing, the Court finds that the state courts’ determinations were not contrary to, or an unreasonable application of, clearly established federal law. 28 U.S.C. § 2254 (d).

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

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.

Gottlieb v. Carnival Corp.

595 F. Supp. 2d 212 · District Court, E.D. New York · Feb 5, 2009

The regulations were distinct from the statutory requirement of 47 U.S.C. § 315 of the Communications Act of 1934 that equal time be allotted to all qualified candidates for public office. Id. … While the former may only be challenged pursuant to § 2342, the latter do not deserve the Court's deference if clearly in conflict with the intent of Congress. 6 .

United States v. Amato

534 F. Supp. 1190 · District Court, E.D. New York · Mar 5, 1982

Berrios, 501 F.2d 1207, 1211 (2d Cir. 1974): “To support a defense of selective or discriminatory prosecution, a defendant bears the heavy burden of establishing, at least prima facie, (1) that, while others similarly situated … H). 4 Furthermore, defendants’ status as PATCO officials should not immunize them from prosecution as strike leaders under § 1918(3).

Phoenix Mutual Life Insurance v. Seafarers Officers & Employees Pension Plan

128 F.R.D. 25 · District Court, E.D. New York · Sep 29, 1989

Clearly, a declaratory judgment will alleviate the uncertainty surrounding the legal meaning of the factual circumstances that have already occurred. … In substance, if El Paso succeeds in the third-party action in establishing that Bankers Trust cannot hold it responsible on its guarantee of Phoenix Bulkships’ obligation to Bankers Trust, then Bankers Trust must seek to

Cornett v. Northrop Grumman Corporation

District Court, E.D. New York · Jan 6, 2020

Navy, and even if not, their use and storage of chemicals does not qualify as “abnormally dangerous activity.” … While the federal government may be immune from strict liability claims based on ultrahazardous activity, see Laird v. Nelms, 406 U.S. 797 (1972) it is unclear whether that immunity extends to Defendants.

Town of Southold v. Town of East Hampton

406 F. Supp. 2d 227 · District Court, E.D. New York · Dec 21, 2005

Plaintiffs claim is without merit, and at odds with established caselaw. … The Court need not and does not address whether the Town Plaintiffs’ alleged injuries qualify as injuries-in-fact. 7 .

Broich v. Incorporated Village of Southampton

650 F. Supp. 2d 234 · District Court, E.D. New York · Jul 23, 2009

Plaintiff further alleges that he was continuously denied promotions to two (2) vacant lieutenant positions for which he was qualified. (Compl., ¶ 61). … Runyon, 160 F.3d 139, 146 (2d Cir.1998), the defendant bears the burden of establishing the plaintiffs failure to timely exhaust his administrative remedies. See Bowden v.

Knights v. City University of New York

District Court, E.D. New York · Nov 8, 2022

App’x 382 (2d Cir. 2012) (“While no Second Circuit precedent directly addresses this question, the Court has noted in dicta that community colleges may not qualify for sovereign immunity because under state law it appears … Alfaro’s statements to a news journalist, if true, also clearly meet the requirement for dissemination.

Barbetta v. Cournoyer

District Court, E.D. New York · Apr 28, 2020

An action “is frivolous when either: (1) the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy; or (2) the claim is based on an indisputably meritless legal theory … In order to qualify as an eligible plaintiff under this law, the former drug user must have (a) disclosed all known information regarding their source of drugs to law enforcement authorities more than six months before

Glucksman v. FIRST FRANKLIN FINANCIAL CORP.

601 F. Supp. 2d 511 · District Court, E.D. New York · Mar 6, 2009

Although an executed delivery receipt is a hurdle to Plaintiffs’ ultimate success on the merits, it is not an absolute bar to relief, but establishes only a presumption of delivery which may be rebutted upon a sufficient … Failure to provide NRCs qualifies as a viable basis for rescission, and First Franklin does not show why it would not. 6 Although the Court reserves judgment on whether Plaintiffs’ claim would survive summary judgment on

Manners v. Secretary of Housing & Urban Development

333 F. Supp. 829 · District Court, E.D. New York · Aug 26, 1971

The Act fairly clearly contemplates that the insured mortgagee is to deliver title and possession. … The question then is whether plaintiffs’ interest of occupancy, slender and qualified as it is in the perspective of traditional law and, equally, in that of the statutory scheme, is sufficiently real and sufficiently within

Gentile v. Potter

509 F. Supp. 2d 221 · District Court, E.D. New York · Sep 6, 2007

To establish a prima facie case under the Rehabilitation Act, a plaintiff must show: (1) he is handicapped or disabled under the Act; (2) he is otherwise qualified to perform his job; (3) he suffered an adverse employment … Therefore, Gentile cannot establish a prima facie case of retaliation for this claim. ii.

Stowe v. National Railroad Passenger Corp.

793 F. Supp. 2d 549 · District Court, E.D. New York · Jun 23, 2011

Given the credibility assessments that the jury clearly made, I cannot find that the jury verdict was seriously erroneous or a miscarriage of justice. … Bleicher was not qualified to testify as to any verifiable link between breast cancer and direct trauma.

Greenport Gardens, LLC v. Village of Greenport

District Court, E.D. New York · Sep 30, 2021

Qualified Immunity The defense of “[q]ualified immunity is available to officials” in a Section 1983 action “so long as their actions do not violate ‘clearly established … Although “qualified immunity should be resolved ‘at the earliest possible stage in litigation’” id. (quoting Pearson v.

Long Island Rail Road v. System Federation No. 156

289 F. Supp. 119 · District Court, E.D. New York · Aug 16, 1968

among employees and a 1959 amendment specifies that when a Supervisor notifies the Local Committeeman of the number of employees needed to work on a specified job, “the Local Committee will arrange to supply the necessary qualified … The evidence clearly shows that there has been a sharp decline in the output of the shop where M.

United States v. Sam Goody, Inc.

506 F. Supp. 380 · District Court, E.D. New York · Jan 8, 1981

But we need not limit it to conversion, and find that such conduct qualifies equally as a stealing or a taking by fraud, as the above case law has construed those terms. … The propriety of the surreptitious recording of the Stolon statement by a confidential informant equipped with a concealed body recorder can similarly be established briefly.