Case law

Schupak v. Califano

454 F. Supp. 105 · District Court, E.D. New York · Apr 11, 1978

The Part B scheme is a voluntary insurance program that is offered to those individuals who qualify for benefits under Part A. … Mathews, supra, that the regulations be promulgated sixty days from November 2, 1977 clearly constitutes good cause for dispensing with this requirement.

Gutierrez v. The City of New York

District Court, E.D. New York · Feb 22, 2021

Because as explained above, Plaintiff fails to show that the arrest, prosecution, and use of force were unlawful, the Court does not address whether the officers are entitled to qualified immunity on these claims. … If [it did not], ‘there is no necessity for further inquiries concerning qualified immunity.’” (internal quotation marks omitted) (quoting Saucier v. Katz, 533 U.S. 194, 201 (2001))); see also Powell v.

Dirma v. United States

695 F. Supp. 714 · District Court, E.D. New York · Sep 16, 1988

Therefore, the facts of this situation compel the conclusion that admiralty jurisdiction clearly does not extend to Coastal’s dry dock or workers injured in a non-maritime situs. … Moreover, because the F.T.C.A. constitutes a waiver of sovereign immunity, the procedures set forth in section 2675 must be adhered to strictly. Keene, 700 F.2d at 841 ; Three-M Enterprises, Inc. v.

Arthur v. Starrett City Associates

98 F.R.D. 500 · District Court, E.D. New York · Jun 22, 1983

In June 1978, he was informed that his income was too high for him to qualify. … Rule 23(a) establishes the preliminary criteria essential to the maintenance of a class action: “(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to

Woods

District Court, E.D. New York · May 20, 2026

Because each of these claims is procedurally barred and/or substantively without merit, and because none represent a procedure or decision that was contrary to, or an unreasonable application of, clearly established federal … Tangentially relevant to this petition was Petitioner’s filing of a purported § 1983 action in this judicial district against four State Supreme Court justices, which action was dismissed based upon absolute judicial immunity

Rosco, Inc. v. Mirror Lite Co.

506 F. Supp. 2d 137 · District Court, E.D. New York · Aug 6, 2007

Where the evidence is inadequate to establish lost profits, i.e. a patent owner cannot establish causation for a segment of the infringer’s sales, a Court must determine a “reasonable royalty rate.” 15 35 U.S.C. § 284 ; Lindemann … on a subsequent trial was substantially different; 2) controlling authority has intervened; or 3) the earlier decision was clearly erroneous and would work a manifest injustice.

Loucks v. Board of Education of Middle County School District No. 11

879 F. Supp. 2d 281 · District Court, E.D. New York · Jul 17, 2012

(Def.’s 56.1 ¶¶ 12. 4 ) Pursuant to the terms of the CBA, plaintiff qualified to retire under the retirement incentive on July 1,. 1993. (Defi’s 56.1 ¶ 15.) … To establish a prima facie case of age discrimination, a plaintiff must demonstrate that; “(i) at the relevant time the plaintiff was a member of the protected class; (ii) the plaintiff was qualified for the job; (iii) the

Harris v. Chater

998 F. Supp. 223 · District Court, E.D. New York · Mar 26, 1998

. § 405 (a)(authorization to “adopt reasonable and proper rules and regulations ... furnishing the same in order to establish the fight to benefits ... ”). … L.Rev. 1609 (1997) (jobless face discrimination based upon American preoccupation with productivity and work). • *228 Plaintiff is clearly a sick young man suffering from a serious affliction.

Elmowitz v. Executive Towers at Lido, LLC

571 F. Supp. 2d 370 · District Court, E.D. New York · Jul 22, 2008

To establish a prima facie case of discrimination under Section 3604(f), Plaintiff must allege that (1) he is a member of a protected class, (2) he sought and was qualified to rent or purchase the housing, (3) he was rejected … Defendants’ reliance on the lease to establish that the trespass claim is insufficient is misplaced.

Cora v. Westhab Homeless Shelter

District Court, E.D. New York · Jan 26, 2024

The Court’s obligation “to construe a pro se complaint liberally” applies “[e]ven after Twombly” established the plausibility standard for assessing pleadings. Newsome v. Bogan, 795 F. … ., “the claim lacks an arguable basis in law” or “a dispositive defense clearly exists on the face of the complaint.”

SS Grocery, Inc. v. U.S. Dep't of Agric.

340 F. Supp. 3d 172 · District Court, E.D. New York · Sep 11, 2018

Further, the Administrative Review Branch found that Plaintiffs had not made the requisite showing to qualify for an alternative sanction. (A.R. 372.) … But, most obviously, Plaintiffs' procedural due process rights are not infringed upon because "[t]he trial de novo provision clearly afford[s] full procedural due process."

Kalra v. HSBC Bank USA, N.A.

567 F. Supp. 2d 385 · District Court, E.D. New York · Jul 25, 2008

To establish a prima facie case of age discrimination, a plaintiff must demonstrate that: “(i) at the relevant time the plaintiff was a member of the protected class; (ii) the plaintiff was qualified for the job; (iii) the … LEXIS 6943 , *6-*7 (S.D.N.Y.1999) (“A company need not reassign a terminated employee to a lower-paying job even if the terminated employee is qualified for the position.”).

Pibouin v. CA, Inc.

867 F. Supp. 2d 315 · District Court, E.D. New York · Mar 31, 2012

The fact that plaintiff has worked for CA since 1997 in substantially similar, or higher, positions than the one held at the time of his termination is *322 enough in itself to establish that he was qualified for the job. … However, the “governing text of ERISA is clearly expansive,” New York State Conf. of Blue Cross and Blue Shield Plans v. Travelers Ins.

Whetsel v. Montas

District Court, E.D. New York · Aug 25, 2023

office’s charging decisions, and the Court is permitted to raise his immunity sua sponte. … “[T]he legal question of when immunity should attach is an entirely separate inquiry from which state entity is a final policymaker,” and, therefore, whether a prosecutor is entitled to immunity does not depend on whether

Zubko-Valva v. The County of Suffolk

District Court, E.D. New York · Jun 15, 2022

Coffey, 221 F.3d 342, 349 (2d Cir. 2000) (“[O]nly qualified immunity [is accorded] to prosecutors who act in an investigating capacity.”); see also Malley v. … Qualified Immunity The CPS Defendants argue that they are entitled to qualified immunity because they had a reasonable basis for initiating neglect proceedings.

United States v. City of New York

731 F. Supp. 2d 291 · District Court, E.D. New York · Aug 4, 2010

Because the test questions do not measure the abilities required for the job of entry-level firefighter, the examination cannot distinguish between qualified and unqualified candidates, or even between more and less qualified … Cognitive abilities were tested using standard multiple choice questions with clearly defined right or wrong answers. (See, e.g., Exam 6019 (Def. Ex. A-1) (filed under seal) at Exam 035.)

Edwards v. Huntington Union Free School District

957 F. Supp. 2d 203 · District Court, E.D. New York · Jul 18, 2013

Plaintiff further asserts that Finello did not know whether Casamento was better qualified to handle technology and that Plaintiff actually had more experience and was better qualified to handle educational technology. … Prima Facie Case In order “[t]o establish a claim of racial discrimination a claimant ‘must show1: (1) he belonged to a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse employment

Dominique v. Artus

25 F. Supp. 3d 321 · District Court, E.D. New York · Jun 17, 2014

Petitioner has failed to establish that the Second Department’s decision was either contrary to or involved an unreasonable application of clearly established federal law as determined by the United States Supreme Court. … Dominique immunity solely to deter Petitioner's counsel from being able to question her as thoroughly as possible. (Tr. 1949-2016). .

Smith v. New York City Health and Hospitals

District Court, E.D. New York · Mar 6, 2025

. § 1915(e)(2)(B), a district court must dismiss an IFP action if the complaint “is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune … To establish a Title VII discrimination claim, a plaintiff must show that she is a member of a protected class, she was qualified for the position she held, and that she suffered an adverse employment action under circumstances

McQueen v. City of New York

District Court, E.D. New York · Feb 14, 2023

At the very least, the defendant officers would be entitled to qualified immunity because there is no “controlling authority” or “a robust consensus of cases of persuasive authority” that 5 In opposing defendants’ motion … clearly establishes a right to be issued a DAT as opposed to detained. See Liberian Cmty. Ass'n of Connecticut v. Lamont, 970 F.3d 174, 186 (2d Cir. 2020).