Case law

Barillaro v. Commissioner of Social Security

216 F. Supp. 2d 121 · District Court, E.D. New York · Aug 20, 2002

Schecter’s testimony is clearly erroneous and that there is no “substantial evidence” in the record to substantiate her finding that plaintiff did not meet the requirements of § 4.04C. Having reviewed Dr. … Thus, in order to fall under Rule 201.17, plaintiff must establish that his prior work experience was unskilled.

United States v. Simpson

929 F. Supp. 2d 177 · District Court, E.D. New York · Mar 8, 2013

“The paternity of the child has not been established by legitimation” The Court now turns to its primary task — determining whether Simpson’s “paternity ... has not been established by legitimation.” … In Lau , the Second Circuit considered whether a child born to unmarried parents in China was a legitimate child under Chinese law for purposes of determining whether the petitioner qualified for a visa preference for his

Frank v. Sachem School District

84 F. Supp. 3d 172 · District Court, E.D. New York · Feb 5, 2015

As to the Plausability of the Plaintiffs ADA Claim To establish a violation of Title II of the ADA, a plaintiff must prove that “(1) he or she is a “qualified individual” with a disability; (2) that the defendants are subject … Oliveira, 594 F.3d 134, 148 (2d Cir.2010) (“To establish a violation of Title II, [the plaintiff] must show that (1) he is a ‘qualified individual with a disability,’ (2) [the defendant] is subject to the ADA, and (3) he

United States v. Slochowsky

575 F. Supp. 1562 · District Court, E.D. New York · Nov 18, 1983

Any delay between commencing the investigation and return of the indictments qualifies as good faith investigative delay which, even if it causes some prejudice, does not violate the Due Process Clause. United States v. … In sum, the court concludes that the defendants have failed to establish either improper sealing or undue preindictment delay which would justify a dismissal of the indictments.

United States ex rel. Mulford v. Commanding Officer, Armed Forces Entrance & Examining Station

338 F. Supp. 1120 · District Court, E.D. New York · Apr 29, 1971

“The reference to ‘rules and regulations’ is clearly intended only to authorize such additional administrative procedures as the President may find necessary to insure that all qualified students are given the deferment that … It states: “The local board may reopen and consider anew the classification of a registrant. . . . ” *1124 However, “. . . where the registrant has set out new facts that establish a prima facie case for a new classification

Neira Marquez v. Nassau County Correctional Facility

District Court, E.D. New York · Dec 6, 2022

Under the PLRA, a court must dismiss a plaintiff’s complaint if it is “frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune from such … If Plaintiff elects to file an amended complaint, the amended complaint shall: (1) be clearly labeled “Amended Complaint”; (2) bear docket number 22-CV-01634 (JMA) (LGD); and (3) be filed with the Court within thirty days

Thompson v. Clark

364 F. Supp. 3d 178 · District Court, E.D. New York · Mar 12, 2019

Rep. 194, 195 (K.B. 1603); see also 4 William Blackstone, Commentaries 223 (1765-1769) ("And the law of England has so particular and tender a regard to the immunity of a man's house, that it stiles it his castle ...."). … More must be required to qualify as an interest of justice dismissal that could, in effect, foreclose future claims for malicious prosecution. See Burke v. Town of E.

In Re Ciprofloxacin Hydrochloride Antitrust Litigation

363 F. Supp. 2d 514 · District Court, E.D. New York · Mar 31, 2005

Next, “the burden shifts to the defendant to establish the ‘pro-competitive redeeming virtues’ of the action.” Id. … This is clearly wrong, since the defense of inequitable conduct was available for all the ’444 Patent’s post-reexamination challengers. See Molins PLC v.

In re Nigeria Charter Flights Contract Litigation

233 F.R.D. 297 · District Court, E.D. New York · Feb 1, 2006

Plaintiffs are represented by qualified and experienced counsel — Echeruo, Counsel, Attorneys at Law, LLP and Thacher Proffitt & Wood LLP — who were appointed co-lead counsel of the multidistrict litigation in November 2004 … Because the bond is not the sole source from which plaintiffs seek to recover, Rule 23(b)(1)(B) certification is clearly inappropriate. Plaintiffs also seek certification pursuant to Rule 23(b)(2).

Arnold v. Dow Chemical Co.

32 F. Supp. 2d 584 · District Court, E.D. New York · Jan 15, 1999

Michael Ellenbecker to help establish that Arnold was exposed to hazardous amounts of TCE while performing his duties at the Grumman facility. … Pursuant to 28 U.S.C. § 636 (b)(1)(A), a United States Magistrate Judge’s ruling regarding discovery should be set aside only if it is “clearly erroneous or contrary to law.” Id.

Brooklyn Union Gas Co. v. Prendergast

7 F.2d 628 · District Court, E.D. New York · Jun 24, 1925

Prendergast, supra, seems to me to be clearly distinguishable. … No assessor was called to testify and qualified as an expert, and, as I read the record, the concession of the plaintiff was only as to the fact of the assessment and not as to its admissibility.

Gamarra v. Supervisor Paul

District Court, E.D. New York · Sep 16, 2024

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether a plaintiff qualifies for in forma pauperis status, and then … Upon review of Plaintiff’s IFP application (DE 2), the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fee.

DeGirolamo v. United States

518 F. Supp. 778 · District Court, E.D. New York · Feb 9, 1981

Thompson, 337 U.S. 163 , 69 S.Ct. 1018 , 93 L.Ed. 1282 (1949), the Supreme Court established that a claimant cannot be charged with knowledge of an injury which had yet to manifest itself. … This would clearly expand the circumstances under which the Government could be sued, and since any exceptions to the Government’s waiver of sovereign immunity must be strictly observed, United States v.

Constantino v. New York City Officer, Rodriguez 928

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

An action is “frivolous” when either “the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy,” or when “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.

Lopez v. Bay Shore Union Free School District

668 F. Supp. 2d 406 · District Court, E.D. New York · Nov 9, 2009

To be sure, the plaintiffs’ allegations need not fit into one of these categories to establish an inference of discriminatory intent. … The plaintiffs have not clearly stated the substantive rights that form the basis for their Section 1983 claims, but considering the complaint in the best light for the plaintiffs, the Court identifies three bases for the

Pall Corp. v. PTI Technologies, Inc.

992 F. Supp. 196 · District Court, E.D. New York · Jan 24, 1998

The moving party has the “burden to clearly establish that a transfer is appropriate and that the motion should be granted.” Laumann Mfg. … The Court now turns its attention to the applicable standards to determine whether PTI has met its burden of “clearly demonstrating” that transfer is appropriate. A.

Leroy v. Hume

District Court, E.D. New York · Sep 24, 2021

The Supreme Court has clearly stated that “simply complying with [federal] law,” as defendants have shown, is not enough to constitute “acting under” a federal officer. Watson v. … after assessing the extent of immunity and preemption under the PREP Act.7 Id.

In Re Air Crash Near Peixoto De Azeveda, Brazil

574 F. Supp. 2d 272 · District Court, E.D. New York · Jul 2, 2008

Lepore and Paladino, both U.S. residents, were trained and qualified in the U.S. before traveling to Embraer’s manufacturing facility in Sao Jose dos Campos, Brazil to ferry the newly manufactured plane from the facility … Letters rogatory may be used to attempt to take evidence in either forum, but, as discussed below, the Brazilian government entities, such as the Brazilian ATC, may refuse to comply on sovereign immunity grounds.

Nassau Financial Federal Credit Union v. National Credit Union Administration Board

District Court, E.D. New York · Dec 20, 2022

As plaintiff acknowledges, “creditors must pursue their claims against covered defunct credit unions” through the “exclusive framework” established in 12 U.S.C. § 1787(b). Perna v. … [is] immune from suit based on the principle of sovereign immunity.” Cnty. of Suffolk v. Sebelius, 605 F.3d 135, 140 (2d Cir. 2010) (citation omitted).

Lewis v. Grinker

660 F. Supp. 169 · District Court, E.D. New York · Apr 23, 1987

. § 435.402 (b), establishing alienage requirements for medical eligibility, was not authorized under the Medicaid statute, 42 U.S.C. §§ 1396 et seq. 2 Before final judgment was entered on that decision, however, Congress … Under the new law, eligibility for Medicaid is restricted to aliens who are either lawful permanent residents or otherwise permanently residing in this country under color of law, except where the alien is otherwise qualified