Case law

Marcus v. AXA Advisors, LLC

307 F.R.D. 83 · District Court, E.D. New York · Mar 31, 2015

Accordingly, Plaintiffs have *96 established immerosity as to both proposed classes. 2. … Memo at ECF 30), the Court finds Virginia & Ambinder qualified to act as class counsel.

Connecticut General Life Insurance v. Advanced Chiropractic Healthcare

54 F. Supp. 3d 260 · District Court, E.D. New York · Oct 10, 2014

.3d 765 (7th Cir.2002) (finding the reasoning in Getter “persuasive” and concluding that claims against a plan participant for defrauding the plan about his marital status and continuing coverage for his ex-wife does not immunize … Neither party disputes that the relevant plans qualify as employee benefit plans under ERISA. . This is codified at 29 U.S.C. § 1144 . . This is codified at 29 U.S.C. § 1132 . .

Town of Babylon v. FEDERAL HOUSING FINANCE AGENCY

790 F. Supp. 2d 47 · District Court, E.D. New York · Jun 13, 2011

As noted above, HERA clearly and specifically limits the power of courts to review the actions of the FHFA when acting as a conservator. … The plaintiff bears the burden of establishing three elements to confer standing.

Erving v. Virginia Squires Basketball Club

349 F. Supp. 709 · District Court, E.D. New York · Sep 19, 1972

In this court’s opinion Squires’ business activities in New York as summarized above amply satisfy the plaintiff’s burden of establishing that defendant is “doing business” here within the meaning of N.Y. … It is equally likely, if not more likely, that Pennsylvania law is the applicable law, in which case this forum would be as qualified as one in Virginia to decide this case.

Pecere v. Empire Blue Cross & Blue Shield

194 F.R.D. 66 · District Court, E.D. New York · May 31, 2000

Additionally, a potential class action must qualify under one of the alternatives set forth in Rule 23(b). … CONCLUSION This case is clearly not appropriate for class action certification.

United States v. Paul

326 F. Supp. 2d 382 · District Court, E.D. New York · Jul 21, 2004

The Constitution has not been interpreted to place a clearly defined time during which a criminal defendant must be tried. … Warden, 853 F.2d 131, 133-34 (2d Cir.1988) (seventeen month period of incarceration insufficient, under facts of case, to establish prejudice).

Loral Fairchild Corp. v. Victor Co. of Japan, Ltd.

208 F. Supp. 2d 344 · District Court, E.D. New York · Jun 7, 2002

The record clearly allowed the jury to discern that Dr. Amelio did not exercise the requisite diligence. … Loral does not identify any place in the record where a witness referred to the divisional application without clearly identifying it as such. See e.g., TR 1435.

United States v. Bonanno Organized Crime Family of La Cosa Nostra

683 F. Supp. 1411 · District Court, E.D. New York · Mar 24, 1988

These offenses qualify as predicate acts under § 1961(1)(A), (B), and (C). … If this were a criminal action, an immunity grant would protect the defendant from use of his testimony in this very action. 32 .

Lora v. Board of Educ. of City of New York

587 F. Supp. 1572 · District Court, E.D. New York · Aug 2, 1984

Defendants shall establish procedures for the collection, filing and retrieval of referral data. a. … When such personnel are unavailable and efforts to obtain them have been documented, a qualified translator shall be used.

Croce v. V.I.P. Real Estate, Inc.

786 F. Supp. 1141 · District Court, E.D. New York · Mar 21, 1992

The plaintiff alleges that several months later, a less qualified and less experienced male was hired for that position. … The defendant’s conduct, if established, was illegal before the enactment of the Act, as well as afterward.

Davis Jr: Beneficiary v. Saab-Dominguez

District Court, E.D. New York · Oct 26, 2023

An action is “frivolous” when either “the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy, or the claim is based on an indisputably meritless legal theory.” … Plaintiff’s Bivens Claims It is well-established that the purpose of a Bivens claim is to hold individual federal defendants accountable for conduct that violates a plaintiff’s

Silva v. Farrish

District Court, E.D. New York · Feb 17, 2021

Objections to a Report must be specific and clearly aimed at particular findings in the magistrate judge’s proposal.” (internal quotation marks and citation omitted; alterations in original)), aff’d sub nom Seck v. … This Court agrees with the Magistrate Judge that Plaintiffs have not put forward sufficient evidence to establish “that the state proceeding is motivated by a desire to harass or is conducted in bad faith.”

Jones v. Borbon

District Court, E.D. New York · Dec 30, 2020

In Forma Pauperis Application Upon review of Plaintiff’s declaration in support of his application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence … “Personal involvement” may be established by evidence of a supervisor’s direct participation in the challenged conduct or “by evidence of an official’s (1) failure to take corrective action after learning of

Vietnam Ass'n for Victims of Agent Orange/Dioxin v. Dow Chemical Co.

373 F. Supp. 2d 7 · District Court, E.D. New York · Mar 10, 2005

Clearly, customary international law provides a “specific, universal and obligatory” norm against aiding and abetting that was well-established long before the Vietnam War. Br. … The evidence with respect to defendants Steinbrinck, Burkart, Kaletsch, and Terberger in our opinion, however, clearly established that there was in the instant case “clear and present danger” within the contemplation of

Sanger v. Reno

966 F. Supp. 151 · District Court, E.D. New York · Mar 12, 1997

The resolution of questions of justiciability and ripeness are generally fact-based, with the results turning on “an assessment of the particular action’s place on a continuum from clearly justiciable to clearly unjusticiable … However, uncertainty about enforcement does not establish a credible basis for fearing enforcement, much less a likelihood of enforcement.

Gray v. Dzurenda

District Court, E.D. New York · Dec 9, 2020

Upon review of Plaintiff’s submissions, the Court finds that he is qualified by his financial status to commence Gray II without prepayment of the Court’s filing fee. … Second, “the conduct complained of must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.”

Rice v. Smithtown Volkswagen

321 F. Supp. 3d 375 · District Court, E.D. New York · Aug 13, 2018

Under this framework, a plaintiff must establish that (1) he was within a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action; and (4) the adverse action occurred under … State Univ. of N.Y. , 704 F.Supp.2d 202 , 227 (E.D.N.Y. 2010) ("It is clearly established that informal complaints to supervisors constitute protected activity under Title VII.").

Harlee v. Hagen

538 F. Supp. 389 · District Court, E.D. New York · May 11, 1982

In his original complaint plaintiff clearly alleged the events out of which his claims arose as well as his theories of liability. … Drawing all reasonable inferences in favor of plaintiff the following may be said to be established.

Restrepo v. McElroy

354 F. Supp. 2d 254 · District Court, E.D. New York · Feb 18, 2005

Pre-trial custody, which is later credited toward time served, has not clearly been held to count toward establishing the section 212(c) five-year bar. In Buitrago-Cuesta v. … To qualify for such relief, an alien was required to show that he or she: (1) was a lawful permanent resident of the United States; (2) had an unrelinquished domicile of seven consecutive years; and (3) had not committed

Hall v. New York City Department of Transportation

701 F. Supp. 2d 318 · District Court, E.D. New York · Mar 30, 2010

Although a failure-to-promote is clearly an adverse employment action, plaintiff has failed to proffer any evidence that a permanent position was available or that she ever took a civil service examination to be qualified … was not “qualified” for the position.