Case law

City of New York v. A-1 Jewelry & Pawn, Inc.

247 F.R.D. 296 · District Court, E.D. New York · Dec 18, 2007

The definition of a “qualified civil liability action” that is a necessary condition for sections 3(a) and (b) to apply is found in Section 4(5): (5) QUALIFIED CIVIL LIABILITY ACTION. (A) IN GENERAL. … According to the principle established in BMW of N. Am., Inc. v.

(PC) Haapaniemi v. Department of Motor Vehicles

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

“The party invoking federal jurisdiction bears the burden of establishing that jurisdiction exists.” Conyers v. … Hence, Plaintiff has failed to meet his burden of establishing this Court’s jurisdiction to preside over this action.

Orr v. Jackson

District Court, E.D. New York · Dec 13, 2019

Second, Defendants contend that the arresting officers are entitled to qualified immunity because they acted based on, at a minimum, arguable probable cause. (Id. at 13-15.) … Having established that the officers had probable cause, the court need not reach Defendants’ qualified immunity argument. Also, because Plaintiff's false arrest claim fails, her due process claim also fails.

O'HARA v. Weeks Marine, Inc.

928 F. Supp. 257 · District Court, E.D. New York · Jun 12, 1996

Moreover, seaman status cannot be established by any worker who fails to demonstrate that a “significant portion” of his work was done aboard a “vessel in navigation.” Chandris at-, 115 S.Ct. at 2190 . … Clearly, he did not go down to the sea in a ship. O’Hara’s assertions that he was a “crew member of a crane barge” and “a maritime employee, manning a vessel or vessels in navigation” (Defendant’s Ex.

Weissman v. Officer

315 F. Supp. 1085 · District Court, E.D. New York · Jul 9, 1970

The information submitted by the petitioner to the Board clearly established a prima facie case of hardship due to the financial dependency of the wife: She was about to give birth; was not working; her husband was in debt … Weissman would qualify for welfare should her husband be inducted.

United States v. New York State Department of Motor Vehicles

82 F. Supp. 2d 42 · District Court, E.D. New York · Jan 12, 2000

New Hampshire Racing Comm’n, 375 F.Supp. 1089 (D.N.H.1974), do not clearly involve state bodies acting pursuant to the police power. … In this case, however, it is significant that the test was not, like a typical licensing test, intended to establish a minimum *52 level of competency.

Maimonides Medical Center v. United States

54 F. Supp. 3d 194 · District Court, E.D. New York · Sep 19, 2014

However, there is a general statutory definition, which, as interpreted by valid implementing regulations, clearly defines the term “corporation” to include entities like MMC. … -The overpayment rate established under this section shall be the sum of- (A) the Federal short-term rate ..., plus (B) 2 percentage points.

Lynch v. Vaccaro

566 B.R. 290 · District Court, E.D. New York · Mar 28, 2017

Jan. 7, 2014) (“Because § 363(m) applies and because the relief the Appellant seeks would affect the validity of the sale, the Court has jurisdiction to hear a single argument:whether the Purchaser qualified as a good faith … However, where, as here, “the bankruptcy court determines that the buyer purchased in good faith, the appeal is moot unless appellants can establish that such a finding is clearly erroneous.” 23 Jefferson St., 2015 WL 5037343

Turof v. Kibbee

527 F. Supp. 880 · District Court, E.D. New York · Dec 2, 1981

It is clearly a more expeditious and simpler means of resolving less complex cases. … At the meeting with the counselor in the office of the dean of students or qualified faculty member designated by the dean of students, the following procedure shall be in effect: 1.

Tawfik v. Georgatos

District Court, E.D. New York · Jul 14, 2021

dismiss an in forma pauperis complaint if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … frivolous as a matter of law when, inter alia, 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. Levasseur

619 F. Supp. 775 · District Court, E.D. New York · Oct 7, 1985

The defendants also contend that the affidavit failed to establish any connection between the items sought to be seized and the places to be searched. … Finally, the defendants’ contention that the coded notebooks which were seized are immune from search and seizure under the Fourth Amendment is devoid of merit.

United States v. Lambus

221 F. Supp. 3d 319 · District Court, E.D. New York · Dec 22, 2016

This rule is akin to the “qualified immunity” doctrine that protects individual officers from liability in civil lawsuits. See, e.g., Harlow v. … Fitzgerald, 457 U.S. 800, 816 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (“[Qualified immunity would be defeated if an official knew or reasonably should have known that the action he took within his sphere of official responsibility

Nimkoff v. Dollhausen

751 F. Supp. 2d 455 · District Court, E.D. New York · Nov 19, 2010

The Court similarly finds that there are triable issues of fact with respect to the defendants’ assertion that Orefice and Dollhausen are entitled to qualified immunity with respect to this cause of action. … Here, the plaintiff primarily relies on two pieces of evidence to establish Monell liability.

Puerto Rican Legal Defense & Education Fund, Inc. v. City of New York

769 F. Supp. 74 · District Court, E.D. New York · Jun 12, 1991

In that case, the South Carolina legislature approved a reapportionment plan, “Act 257,” that established new districts for the election of state senators. … That is clearly not the case here.

Fisher v. White

715 F. Supp. 37 · District Court, E.D. New York · Apr 24, 1989

. § 1331 ], a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff’s cause of action. … The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction or effect, and defeated if they receive another.

Human Resource Research & Management Group, Inc. v. County of Suffolk

687 F. Supp. 2d 237 · District Court, E.D. New York · Feb 17, 2010

The stated purpose of the law was: to foster communication and cooperation between government agencies, local governments, and local communities by establishment of clearly defined procedures for selection of locations for … Furthermore, such individuals who need the support of a “halfway house” to avoid a relapse to alcoholism or drug addiction qualify as disabled. See id.

Fore v. Ercole

594 F. Supp. 2d 281 · District Court, E.D. New York · Jan 12, 2009

“Clearly established Federal law” is comprised of “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” Green v. … A decision is an “unreasonable application” of clearly established federal law if a state court “identifies the correct governing legal principle from [the Supreme Court’s] decisions but unreasonably applies that principle

Sisia v. Flemming

183 F. Supp. 194 · District Court, E.D. New York · Apr 27, 1960

Clearly such a work record would be some evidence of Louise’s ability to work and therefore relevant to the material fact of disability as of the critical date. 14 It would also by itself defeat Louise’s claim if it amounted … I am not qualified to ask anybody questions.” In this last conclusion he is amply supported in the record. Although he tried his best, he was unequal to the job.

Dixson v. Goodhue Children Center

District Court, E.D. New York · Apr 19, 2024

requires a district court to dismiss an in forma pauperis complaint if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … To hold a defendant liable under Section 2255, that defendant must have committed one of the qualifying offenses. See Singleton v. Clash, 951 F. Supp. 2d 578, 584 (S.D.N.Y. 2013).

Silberman v. Biderman

735 F. Supp. 1138 · District Court, E.D. New York · Apr 17, 1990

While the family is given significant protection under the Constitution, this by no means immunizes it from reasonable state regulation. Prince v. … The Regulations provide two different ways in which an immediate family member may establish such a right.