Case law

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).

Davis v. Hertz, Corporation

District Court, E.D. New York · Dec 27, 2024

a district court shall dismiss an in forma pauperis action where it “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … To be sure, at the pleading stage, Plaintiff does not need to allege specific facts establishing each element of a prima facie case of discrimination. Id. at 84.

United States v. Nelson

921 F. Supp. 105 · District Court, E.D. New York · Mar 21, 1996

A.R., 38 F.3d 699, 706 (3d Cir.1994) (“The statute clearly intends a presumption of juvenile treatment, and the government bears the burden of establishing that transfer is warranted.”); United States v. … Landsmark’s opinion was not only less qualified, but, as explained above, more persuasive.

Cowlishaw v. Armstrong Rubber Co.

450 F. Supp. 148 · District Court, E.D. New York · Apr 26, 1978

same day that A is retired at sixty-two with impunity no matter what his job-fitness, B cannot be denied work because he is sixty-two if he is competent to do the work for which he applies, and is the only, or the best qualified … But none of the opinions in McMann clearly endorses such an interpretation of Congressional intent and Congress itself, in the 1978 Amendments to the ADEA has explicitly repudiated that view. See footnote one, supra.

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.

Infantolino v. Joint Industry Board of the Electrical Industry

582 F. Supp. 2d 351 · District Court, E.D. New York · Oct 1, 2008

D, Employment Plan § 2(a) (“The Joint Industry Board acting through its Joint Employment Committee shall have jurisdiction in the matter of equitable employment of qualified journeyperson electricians ....”) … They do not have the burden of establishing that their basis was sound.... ”).

Ballard v. Walker

772 F. Supp. 1335 · District Court, E.D. New York · Aug 27, 1991

At trial, the prosecution established its case, in part, by calling the five complainants as witnesses. … The prosecutor properly qualified his explanation of these crimes to the jury by stating: “This is what [Mr. Ballard] apparently pled guilty to on April 2, 1985.” Tr. 443 (emphasis supplied).

Arndt v. UBS AG

342 F. Supp. 2d 132 · District Court, E.D. New York · Nov 1, 2004

violations of norms of human conduct recognized by a consensus of the international community; for example, jurisdiction has been granted in cases involving official torture, genocide, bombings, violations of diplomatic immunity … Banque Paribas, 114 F.Supp.2d 117, 127 (E.D.N.Y.2000) ("In this case, plaintiffs have clearly pled events which, if proven, are clear violations of international law.

Retail Industry Leaders Ass'n v. Suffolk County

497 F. Supp. 2d 403 · District Court, E.D. New York · Jul 14, 2007

The Court determined that “[t]he language of ERISA’s preemption. provision — covering all laws that ‘relate to’ an ERISA plan — is ‘clearly expansive.’ ” Id. at 191 . … Clearly, the alternative options for compliance with the Act are unrealistic and, with reasonable certainty, would be very difficult for covered employers to utilize.

Rosco, Inc. v. Mirror Lite Co.

626 F. Supp. 2d 319 · District Court, E.D. New York · Jun 17, 2009

Folan was qualified at trial as an expert in measurement, optics and physics, and is qualified to explain the test results. (Tr. II 792.) … The opinion testimony of qualified experts. 15.

Cullen v. NEW YORK STATE CIVIL SERV. COMN.

435 F. Supp. 546 · District Court, E.D. New York · Jul 29, 1977

Section 1983 of Title 42, United States Code, of course, creates a civil action for deprivation of "rights, privileges or immunities secured by the Constitution and laws" by "person[s]" acting under color of state law. … An action certifiable under (b)(1) and (b)(2) is considered to qualify for (b)(3) treatment as well, Van Gemert v.

In re the May 18, 1981 Grand Jury

602 F. Supp. 772 · District Court, E.D. New York · Feb 19, 1985

The Rule does not mention this standard, but it has been established by the Supreme Court. … Such speculation hardly establishes a pressing need. Rule 6(e)(3)(C)(i) should not be used as a general discovery device.

Fax Telecommunicaciones v. AT & T

952 F. Supp. 946 · District Court, E.D. New York · Dec 30, 1996

According to the court, a regulated carrier must charge the tariff rate established with the appropriate regulatory agency, even if it has quoted a lower rate to its customer. Id. … AT & T argues, on the other hand, that this provision does not establish a separate cause of action for willful misconduct.

Ramos v. SIMPLEXGRINNELL LP

796 F. Supp. 2d 346 · District Court, E.D. New York · Jun 21, 2011

Clearly, numerosity is satisfied. b. Commonality Rule 23(a)(2) requires a showing that “there are questions of law or fact common to the class.” Fed. R. Crv. P. 23(a)(2). … [is] a significant step towards establishing liability to all class members”).

Glidden Co. v. The Vermont

47 F. Supp. 877 · District Court, E.D. New York · Oct 8, 1942

By Section 1305 of that Act it was provided that a carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and liabilities under the … This was not supported by any evidence, as the evidence clearly shows that the tanks were heated in the usual manner, by the gradual application of heat with the temperatures in general running between 90 degrees and 100

Cavelli v. New York City District Council of Carpenters

816 F. Supp. 2d 153 · District Court, E.D. New York · Sep 13, 2011

Because Cavelli and Rugolo are challenging NYCDCC’s decision to terminate their employment with the union, they must qualify for the Second Circuit’s exception to Finnegan to maintain their claim. … Compare Connick, 461 U.S. at 147 , 103 S.Ct. 1684 (“[The First Amendment] does not require a grant of immunity for employee grievances .... ”), with Franza, 869 F.2d at 47 (“[Section 101(a)(2) is not] a genie offering lifetime

SiteTech Group Ltd. v. Board of Zoning Appeals of the Town of Brookhaven

140 F. Supp. 2d 255 · District Court, E.D. New York · Mar 30, 2001

Although, a reviewing court would not normally “look far beyond [a local board’s] citing of aesthetics to find a valid basis for a local zoning decision, ... under the TCA, a reviewing court can find that aesthetics qualify … And, clearly, plaintiffs do not suggest that the evidence established that a monopole could never fail more substantially than “bendfing] a little bit,” such as collapsing or falling over.

Star Multi Care Services, Inc. v. Empire Blue Cross Blue Shield

6 F. Supp. 3d 275 · District Court, E.D. New York · Mar 19, 2014

clause; laws of general application that have some bearing on insurers do not qualify.”) … Plaintiff proffers no allegations establishing that Empire qualifies as any of these types of entities. At most, the complaint alleges that Empire was a health insurer. (Compl. ¶¶2, 10.)

Ferrara v. Oakfield Leasing Inc.

904 F. Supp. 2d 249 · District Court, E.D. New York · Nov 9, 2012

Although Coral was a Subchapter S corporation whose income was taxable to Michael Jr., the Court agrees that the Defendant has cited no authority for the proposition that this sort of tax treatment immunizes shareholders … Passalacqua and this case is that the former was a diversity action alleging breach of contract, to which New York state law would clearly apply, whereas this case involves an attempt by plaintiffs to impose liability for

Rosenthal v. Board of Ed. of Central HS Dist. No. 3

385 F. Supp. 223 · District Court, E.D. New York · Mar 24, 1975

The qualified voters in each of these districts elect the members of that district’s Board of Education. The four local boards have a total of 25 members. … Boards of education of such central high school districts heretofore established shall continue as constituted under the order of the commissioner of education. The number of their members shall be not less than five.