Case law

Acosta v. United States

District Court, E.D. New York · Jun 1, 2022

I dismissed his Rule 41(g) claim, finding that it was barred by sovereign immunity. Id. at 3. As for the FTCA claim, I found that Mr. … Such monetary awards are barred by sovereign immunity.” Opinion & Order 3 (quoting Adeleke v. United States, 355 F.3d 144, 151 (2d Cir. 2004)). I therefore dismiss Mr.

LaBARBERA v. D. & R. MATERIALS INC.

588 F. Supp. 2d 342 · District Court, E.D. New York · Dec 1, 2008

Thus, § 1(d) establishes D & R’s conditional duty to provide “pertinent books and records” for “audit” — but only upon plaintiffs demand. This duty likewise resurfaces in the disputed § 1(e). … Thus, the district court's adoption of those fee recommendations merely signifies that the district court did not find them clearly erroneous on their face. 2 .

Morales v. Plaxall, Inc.

541 F. Supp. 1387 · District Court, E.D. New York · Jul 9, 1982

It was submitted to the Internal Revenue Service (“IRS”) on June 30, 1977, approximately three weeks prior to Morales’ termination, to qualify the Plan for certain tax exemptions. … Clearly, under the 1976 amendment, terminated employees remained free to defer payment until age 65.

Schreter v. Artuz

225 F. Supp. 2d 249 · District Court, E.D. New York · Sep 24, 2002

A decision is an “unreasonable application of’ clearly established Supreme Court precedent if it “correctly identifies the governing legal rule but applies it unreasonably to the facts of a particular prisoner’s case.” … The petitioner may prove the deficiency prong by establishing that his attorney’s conduct fell “outside the wide range of professionally competent assistance,” id. at 690 , 104 S.Ct. 2052 , and establish prejudice by showing

Walsh v. Northrop Grumman Corp.

162 F.R.D. 440 · District Court, E.D. New York · Aug 1, 1995

Clearly, the reliance issue is, and will most likely remain, a hotly contested issue in this litigation. … To determine the adequacy issue the Court should find that there is (1) an absence of a potential conflict between the named plaintiffs and the absent class members and (2) that the party’s attorney is qualified, experienced

In Re Agent Orange Product Liability Litigation

611 F. Supp. 1396 · District Court, E.D. New York · May 28, 1985

Such a program clearly is an undesirable use of the fund. … The presumption may be overcome by evidence clearly demonstrating the date of onset.

Vaughn v. AIR LINE PILOTS ASS'N, INTERN.

395 B.R. 520 · District Court, E.D. New York · Jul 24, 2008

However, the FAC clearly asserts a claim under § 623(c) and ALPA has raised the safe harbor provision as a defense to plaintiffs' claims under that particular subsection of the ADEA. … pilots would receive most of their contributions in a "qualified plan" that would enable them to delay the taxation of their pensions.

Brik v. McFarland

District Court, E.D. New York · Jun 29, 2023

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 … To establish a basis for recusal, “[m]ovants must overcome a presumption of impartiality, and the burden for doing so is substantial.” Metro. Opera Ass’n, Inc. v. Local 100, Hotel Emps. Int’l Union, 332 F.

Duhs v. Capra

180 F. Supp. 3d 205 · District Court, E.D. New York · Apr 18, 2016

And with respect to the confrontation issue, the State argued that Duhs failed to establish that the decision of the Court of Appeals was “contrary to, or involved an unreasonable application of, clearly established Federal … That decision makes it even clearer that the state courts’ actions do not contravene clearly established Supreme Court precedent. Ohio v.

Young Advocates for Fair Educ. v. Cuomo

359 F. Supp. 3d 215 · District Court, E.D. New York · Jan 16, 2019

An organization may sue "in its own right" to "vindicate whatever rights and immunities the [organization] itself may enjoy." New York Civil Liberties Union v. … And whatever else may be said of the standing doctrine, it clearly forbids citizen suits.

Dubose

District Court, E.D. New York · Oct 17, 2025

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 … To establish personal involvement, a plaintiff must plead that “each Government-official defendant, through the official's own individual actions, has violated the Constitution.” Tangreti v.

Reade-Alvarez v. Eltman, Eltman, & Cooper, P.C.

237 F.R.D. 26 · District Court, E.D. New York · May 18, 2006

Clearly, some of these factors, particularly the reaction of the class to the settlement, are impossible to weigh prior to notice and a hearing. … Plaintiffs face eonsiderable risks in establishing liability, given that some of their claims have already been dismissed.

Landa Ex Rel. Landa v. Shalala

900 F. Supp. 628 · District Court, E.D. New York · Nov 21, 1995

On April 6, 1990, the ALJ issued a decision affirming the denial of Medicare benefits, concluding that Landa’s total condition established a need for custodial rather than skilled care. R. 24-26. … The Statutes and Regulations In enacting Medicare, 42 U.S.C. §§ 1395 -1395ccc, Congress established a federally funded health insurance benefit system for the aged and disabled.

Chisholm v. Stryker

District Court, E.D. New York · Aug 24, 2022

Upon review, the Court finds that Plaintiff’s reported financial position qualifies him to proceed with this action without prepayment of the filing fee. … ------- “(i) is frivolous or malicious, (ii) fails to state a claim upon which relief may be granted, or (iii) seeks monetary relief from a defendant who is immune

Rizk v. City of New York

District Court, E.D. New York · May 22, 2020

immunity. … For the same reason, the Court also cannot determine at this juncture whether the officers are entitled to qualified immunity.

Maloney v. Singas

106 F. Supp. 3d 300 · District Court, E.D. New York · May 22, 2015

In Heller II, the District of Columbia Circuit found that the record clearly established that the weapons at issue were “in common use,” based, in part, on manufacturing statistics dating from 1986. 670 F.3d at 1261 . … immunity and collateral estoppel.

Adams v. City of New York

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

Qualified immunity shields officers from liability for false arrest under Section 1983 so long as “arguable probable cause” existed “to arrest the plaintiff.” Myers v. Patterson, 819 F.3d 625, 632 (2d Cir. 2016). … “[T]he defense of qualified immunity [generally] cannot support the grant of a Rule 12(b)(6) motion . . . [unless] ‘the facts supporting the defense appear on the face of the complaint.’” Hyman v. Abrams, 630 F.

Azar v. TGI Friday's, Inc.

945 F. Supp. 485 · District Court, E.D. New York · Nov 15, 1996

It is the employees’ responsibility to respond quickly and clearly to questions asked of them, to insure clarity and understanding throughout our organization. … The Court finds that the plaintiff has established, by a preponderance of the evidence, that, he was qualified for a cook position at TGI Friday’s in September 1989.

Hill v. City of New York

136 F. Supp. 3d 304 · District Court, E.D. New York · Sep 28, 2015

To establish a claim of FMLA retaliation, a plaintiff, must show that (1) she exercised rights protected under- the FMLA, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) the … Anjost Corp., 284 F.R.D. 112, 123 (S.D.N.Y.2012) (finding ascertainability where “[t]he class can clearly be ascertained by objective documentation, such as Defendants’ employee payroll records and wage statements”); Noble

Hauff v. State University of New York

District Court, E.D. New York · Dec 3, 2019

Plaintiff does not address such immunity vis a vis her NYSHRL claim. Rather she argues that Congress abrogated the states’ Eleventh Amendment immunity under Title IX. … The school's response to sex discrimination must be clearly unreasonable in light of known circumstances.” Papelino, 633 F.3d at 89 (internal quotation marks and citations omitted).