Case law

Fox News Network, L.L.C. v. Time Warner Inc.

962 F. Supp. 339 · District Court, E.D. New York · Apr 10, 1997

The Cable Communications Policy Act of 1984 (“Cable Act”) established a national policy for regulation at the federal, state, and local levels. … Conspiracy to Violate Section 1983 “[A] private party is subject to liability under section 1983 if he conspires with or willfully engages in joint activity with the State or its agents, ... even if the State agent is immune

Ramirez v. Brooklyn Aids Task Force

175 F.R.D. 423 · District Court, E.D. New York · Sep 15, 1997

See Compl. b. 42 U.S.C. § 1985 (3) To state a claim for relief under § 1985(3), a plaintiff must allege a conspiracy for the purpose of depriving him of equal protection or equal privileges and immunities, an act in furtherance … Opp. at 7, does not entitle him or a “class” similarly situated to any special legal protection, nor does the “class” of persons with a certain HIV status qualify as a well-defined and traditionally disadvantaged group.

Sosa v. N.Y.C. Dep't of Educ. & Marcy Berger

368 F. Supp. 3d 489 · District Court, E.D. New York · Mar 25, 2019

Furthermore, "objections must be specific and clearly aimed at particular findings in the magistrate judge's proposal." N.Y.C. Dist. Council of Carpenters v. … According to Sosa, she is a qualified individual with a disability under the ADA, NYSHRL, and NYCHRL. ( Id. ¶ 29).

Medicare Beneficiaries' Defense Fund Ex Rel. Klass v. Shield

938 F. Supp. 1131 · District Court, E.D. New York · Aug 26, 1996

The named individual plaintiffs are clearly-members of the proposed class. … Because Empire was the Medicare processing agent in New York, it seems uniquely qualified to describe Medicare practice.

Blair v. Illiou

District Court, E.D. New York · Apr 8, 2024

Goord, 467 F.3d 263, 279-80 (2d Cir. 2006) (To establish a claim for constitutionally inadequate medical treatment, a plaintiff must show that he was “actually deprived of adequate medical care,” and that “the … Further, the amended pleading must clearly assert a basis for the Court’s subject matter jurisdiction and state the grounds for relief, including naming the individual defendants who may be personally liable for the harms

Caulfield v. Board of Ed. of City of NY

449 F. Supp. 1203 · District Court, E.D. New York · Mar 15, 1978

In keeping with long-established principle, we rule only on the procedural requirements of Title VI, and not on the constitutional issue. … It is further understood that the commitment made herein does not establish quotas.

Brown v. Board of Trustees of the Building Service 32B-J Pension Fund

392 F. Supp. 2d 434 · District Court, E.D. New York · Sep 29, 2005

From approximately 1983 until 1997, plaintiff worked for employer members of the Health and Pension Funds, which are multi-employer benefit funds established pursuant to the Tafb-Hartley Act, 29 U.S.C. § 186 , and are each … Clearly, an older, unskilled worker with little education and a disability has fewer employment options than a younger, skilled, educated worker with that same disability.

Weisshaus v. Cuomo

District Court, E.D. New York · Jan 11, 2021

In any event, plaintiff has not established (or even argued) that he has any rights under 6 U.S.C. § 211, nor could he. … O’Kelley, 961 F.3d 1048, 1055 (8th Cir. 2020) (en banc) (concluding that if the right to informational privacy “does not clearly exist, it cannot be clearly established” for purposes of qualified immunity).

Bay Shore Union Free School District v. T. Ex Rel. R.

405 F. Supp. 2d 230 · District Court, E.D. New York · Dec 21, 2005

See, e.g., SRO Appeal No. 92-7 (“It is well established that a board of education bears the burden of establishing the appropriateness of its recommended program or placement.” … The school district’s Committee must draw up a detailed IEP for each qualified student.

Fox v. Commonwealth Worldwide Chauffeured Transportation of NY, LLC

865 F. Supp. 2d 257 · District Court, E.D. New York · Mar 30, 2012

Commonwealth argues that, based on these established facts, it is entitled to judgment as a matter of law on its defenses and Fox’s claims. … See Morris, 332 U.S. at 423-441 , 68 S.Ct. 131 (inquiring into individual truck drivers’ connection to interstate transportation notwithstanding the fact that their employer was clearly involved in interstate transportation

Zerilli v. New York City Transit Authority

973 F. Supp. 311 · District Court, E.D. New York · Aug 1, 1997

Zerilli was qualified to hold managerial positions, she should not be completely deprived of merit pay simply because it is not possible to precisely determine what the quality of Ms. … It was established at trial that Ms.

Hirschberg v. Bank of America, N.A.

754 F. Supp. 2d 500 · District Court, E.D. New York · Dec 1, 2010

16 that she was qualified for the Branch Manager position, and that she suffered an adverse employment action when she was terminated. … Instructional Sys., Inc., 259 F.3d 91 , 98 (2d Cir.2001); see also Gorzynski 596 F.3d at 107 (finding plaintiff established prima facie case when she was “over forty years old, undisputedly qualified for her position, was

Khan M.D. v. McDonald MD

District Court, E.D. New York · Aug 29, 2025

“NYSIIS is a centralized database system that keeps track of all immunization in New York.” Id. ¶ 135. … Any and all records regarding immunization by Dr.

Bodner v. Banque Paribas

114 F. Supp. 2d 117 · District Court, E.D. New York · Aug 31, 2000

First, the court must determine whether an absent party qualifies as a ‘necessary party’ party under Rule 19(a). … The named defendants are clearly capable of effecting this relief.

Belmont v. Associates National Bank (Delaware)

119 F. Supp. 2d 149 · District Court, E.D. New York · Aug 18, 2000

For similar reasons, plaintiffs “Wrong-Person Error” also qualifies as a billing error under § 1666(b)(2). … Wilson, the first clearly has a facsimile signature (likely a computer font), see Gellhaus Aff., Ex.

Joseph v. New York City Police Department

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

“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 … Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”).

Winter-Wolff International, Inc. v. Alcan Packaging Food & Tobacco Inc.

872 F. Supp. 2d 215 · District Court, E.D. New York · May 23, 2012

For example, Larson testified that in the winter of 2005, Shelbyville had not yet been qualified to produce MREs. (Larson Dep. 83.) … As has been established, plaintiff terminated the contract effective May 12, 2005.

United States v. Myers

527 F. Supp. 1206 · District Court, E.D. New York · Jul 24, 1981

They set no standards, established no criteria. … Clearly, that did not occur here.

Valente v. Textron, Inc.

931 F. Supp. 2d 409 · District Court, E.D. New York · Mar 18, 2013

KLI, Inc., 663 F.Supp.2d 127, 134 (E.D.N.Y.2009) (“Based on the evidence offered by Plaintiffs, or rather the lack thereof absent Fein’s precluded opinions, they cannot establish facts sufficient to establish either that … Seluga clearly stated both in his expert report and at the Daubert hearing that he conducted the computer simulations in order to evaluate the yaw instability of the golf car given the facts in this case.

Busiello v. McGinnis

235 F. Supp. 2d 179 · District Court, E.D. New York · Dec 13, 2002

Two additional prerequisites are necessary to establish a Brady violation: (1) the withheld information must qualify as Brady evidence; and (2) that evidence must, in turn, have been material to the proceeding. … To constitute ineffective assistance of counsel, the omitted issue must be “significant and obvious” and the pursued issues must be “clearly and significantly weaker.” Id.