Case law

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

McCoy v. Administration for Children Services

District Court, E.D. New York · Sep 30, 2024

Additionally, Simmons may be entitled to qualified immunity for her conduct. See id. … (finding qualified immunity to apply after concluding that a medical examination of a child violated the Fourth Amendment). 20 Although Southerland related to removals, as the prior analysis demonstrates

Garanin

District Court, E.D. New York · Jul 21, 2026

However, “it is . . . well established that officials acting in a judicial capacity are entitled to absolute immunity against 13 Ex Parte Young, which permits a plaintiff to seek prospective injunctive relief or declaratory … It is similarly well established that the court-appointed attorneys for children15 are entitled to absolute quasi-judicial immunity for actions taken within the scope of their appointment. See Yapi v.

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.

Kneitel v. The City of New York

District Court, E.D. New York · Sep 23, 2025

immunity. … And “arguable probable cause” is sufficient to grant qualified immunity on malicious prosecution claims. See Betts v. Shearman, 751 F.3d 78, 82-83 (2d Cir. 2014).

Heineman v. S & S MACHINERY CORP.

750 F. Supp. 1179 · District Court, E.D. New York · Oct 23, 1990

The Restatement (Second) of Torts § 529 provides that a “representation stating the truth so far as it goes but which the maker knows or believes to be materially misleading because of his failure to state additional or qualifying … Clearly a breach can only occur when one is under an obligation to perform in the first instance.” Stratton Group v. Sprayregen, 458 F.Supp. 1216, 1218 . (S.D.N.Y.1978).

Orena v. United States

956 F. Supp. 1071 · District Court, E.D. New York · Mar 10, 1997

Put more strongly, the issue was whether DeVecchio’s refusal to testify could qualify as a vicarious admission. … dispositive evidence connecting Orena to that event (Favo had not written a report of his post-shooting meeting with Scarpa, and the New York City Police Department failed to find, collect or keep solid, dependable evidence clearly

London v. Nassau County Correctional Facility

District Court, E.D. New York · Aug 27, 2020

Pauperis Application Upon review of Plaintiff’s declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified … It is well-established that “under New York law, departments that are merely administrative arms of a municipality do not have a legal identity separate and apart from the municipality and,

In Re" Agent Orange" Product Liability Litigation

475 F. Supp. 928 · District Court, E.D. New York · Aug 14, 1979

Purely private action or action under color of federal authority does not qualify as state action under 42 U.S.C. § 1983 . Wheeldin v. Wheeler, 373 U.S. 647 , 83 S.Ct. 1441 , 10 L.Ed.2d 605 (1963). … The facts are insufficiently developed at this point to determine that plaintiffs clearly lack a viable claim under federal common law.

Leone v. Ashwood Financial, Inc.

257 F.R.D. 343 · District Court, E.D. New York · Mar 16, 2009

that although Ashwood hires attorneys to perform collection work for underlying creditors, the defendant is unable to show any previous *346 lawsuit for such a small amount and the cost of pursuing any legal action would clearly … In determining whether a putative class qualified for certification, the only question is whether the requirements of Federal Rule 23 have been met. See Eisen v.

Veliz v. Crown Lift Trucks

714 F. Supp. 49 · District Court, E.D. New York · Jun 1, 1989

Second, in order to establish a prima facie violation of the Sixth Amendment’s fair cross section requirement, a party must establish: (1) that the group alleged to be excluded is a “distinctive” group in the community; ( … I remember it very clearly because I listened very clearly. There was, now, you are entitled to your interpretation. You can argue that all you want.

Dimock v. Corwin

19 F. Supp. 56 · District Court, E.D. New York · Apr 14, 1937

What he could not control, however, was the capacity of a nominee to-qualify as a recipient, by surviving him. Thus it would have been possible for Mrs. … The probate of the will under the circumstances related, coupled with the waivers with respect to the rights under section 17 of the Decedent’s Estate Law, established once and for all the proportion of the estate going to

Goldberg v. UBS AG

690 F. Supp. 2d 92 · District Court, E.D. New York · Mar 5, 2010

Principles of International Law Finally, jurisdiction would not be clearly contrary to any recognized principles of international law. … See Yousef, 327 F.3d at 86 ("[T]hat presumption can be overcome when Congress clearly expresses its intent to do so.”). [28] 28.

Conklin v. Morris

District Court, E.D. New York · Sep 30, 2022

See 4 The Court does not reach the qualified immunity issue with respect to Plaintiff’s unlawful search claim. See WWBITV, Inc. v. … WWBITV, Inc., 589 F.3d at 52 (“Because we conclude that there was no violation of the plaintiffs’ constitutional rights, we do not reach the issue[ ] of qualified immunity[.]”).

Apuzza v. NYU Langone Long Island

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

The Amended Complaint describes Apuzza’s alleged impairment as NYU Langone treating her as if she had “a deadly, contagious disease, or else, a suppressed immune system that makes her prone to contracting a contagious disease … But Apuzza “cannot show a causal connection between her opposition and her termination” because “[w]hile the plaintiff’s refusal to comply with the defendant’s COVID-19 policies was clearly the basis for her termination

Rooney v. Shalala

879 F. Supp. 252 · District Court, E.D. New York · Mar 14, 1995

“Good cause” is established when “[n]ew and material evidence is furnished” or when the evidence “clearly shows on its face that an error was made.” 20 C.F.R. § 404.989 (a)(1), (3). … Clearly, Ohrbach’s disagreed with the ALJ’s assessment.

In Re Ciprofloxacin Hydrochloride Antitrust Litigation

261 F. Supp. 2d 188 · District Court, E.D. New York · May 20, 2003

Plaintiffs emphasize that the availability of this theory clearly establishes that, despite defendants’ contentions, it is not necessary to plead patent invalidity to state a cognizable claim of an antitrust violation. … Although neither HMR nor Rugby were parties to the patent litigation, the complaints clearly establish their participation in the challenged agreements.

Stevens v. Berger

428 F. Supp. 896 · District Court, E.D. New York · Mar 3, 1977

. § 405 , explicitly provides that, notwithstanding prior law, social welfare agencies may require applicants for aid to supply their social security numbers as a prerequisite for qualifying for aid. … Because this case so clearly presents a dispositive First Amendment issue, there is no need to reach the question posed by plaintiffs of whether some constitutional right to privacy under the First, Third, Fourth, Fifth,

Anderson v. Superintendent, Elmira Correctional Facility

360 F. Supp. 2d 477 · District Court, E.D. New York · Mar 14, 2005

A state court decision involves an “unreasonable application” of clearly established fed *485 eral law if it unreasonably applies Supreme Court precedent to the particular facts of a case. … A certificate of appealability is granted solely on the issue of whether the state court’s determination that a prima fade case of a Batson violation had not been established was an unreasonable application of clearly established

BaRoss v. Greenlawn Volunteer Fire Department, Inc.

District Court, E.D. New York · Mar 10, 2021

The Individual Defendants also contend they are entitled to qualified immunity. … immunity.