Case law

Carrabus v. Schneider

111 F. Supp. 2d 204 · District Court, E.D. New York · Jul 28, 2000

The Decree commits the County to implementing a “vigorous recruitment program directed at enhancing the employment opportunities of qualified female, black and hispanic applicants for the rank of Police Officer in the SCPD … The All Writs Act provides, in pertinent part, that "... all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles

Acosta v. Artuz

375 F. Supp. 2d 173 · District Court, E.D. New York · Jul 6, 2005

As applied here, these standards require a finding that the state court’s adjudication either “resulted in a decision that involved ... an unreasonable application of clearly established Federal law as determined by the Supreme … Alternately, relief may be granted under the AEDPA where the adjudication “resulted in a decision that was contrary to ... clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C

Overview Books, LLC v. United States

755 F. Supp. 2d 409 · District Court, E.D. New York · Dec 13, 2010

The program is a benefit to authors whose books are placed in the program but not a burden to the expressive rights of those whose books do not qualify. … Clearly, their claims were fully litigated in the Court of Claims, after which they appealed to the Federal Circuit and petitioned for a writ of certiorari to the Supreme Court.

Woodson v. Nassau County Corrections (N.Y.S.)

District Court, E.D. New York · Nov 27, 2023

Upon review of the declaration accompanying Plaintiff’s IFP application, the Court finds that Plaintiff’s financial status qualifies him to commence this action without prepayment of the 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.”

N.J. v. New York

872 F. Supp. 2d 204 · District Court, E.D. New York · Dec 13, 2011

(m) and A.J. did not qualify as “homeless” under the McKinney-Vento Act. (McCrae Aff., Ex. G.) … The McKinney-Vento Act clearly contemplates that the children remain in the subject school “pending resolution of the dispute”.

Herrera v. Shea

District Court, E.D. New York · Dec 29, 2020

Congress has abrogated such immunity. … Amendment to override that immunity.”

Society for Good Will to Retarded Children, Inc. v. Cuomo

572 F. Supp. 1300 · District Court, E.D. New York · Aug 10, 1983

[But t]he staff has expectations established for them that I think are much lower than could be established. On many occasions even the custodial function goes unfulfilled. … Courts “must show deference to the judgment exercised by a qualified professional.” Romeo, 102 S.Ct. 2452, 2461 .

Mangan v. Owens Truckmen, Inc.

715 F. Supp. 436 · District Court, E.D. New York · May 26, 1989

Put another way, The [alleged] error [forming the basis for the set aside request] must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … Given these concerns, Congress established a detailed statutory scheme to determine pension fund liability when a company withdraws from a pension plan.

Frederick v. Baxter Arms Corp.

25 F. Supp. 998 · District Court, E.D. New York · Jan 16, 1939

The mother and said brother of Elizabeth Bunge are the only stockholders in the corporate defendant except for a qualifying share or two which were issued in her name. 6. … The testimony in this case does not purport to establish the date of actual insolvency of the said bank. ' 11.

McNamee v. Clemens

762 F. Supp. 2d 584 · District Court, E.D. New York · Feb 3, 2011

The district court also found that if the court had personal jurisdiction over McNamee, his statements to the Mitchell Commission were cloaked with absolute immunity. Id. at 824-25 . … Although the judicial privilege is well-established in Texas’ jurisprudence, in Levingston Shipbuilding Co. v.

DeFreitas v. Tierney

District Court, E.D. New York · Nov 21, 2024

When a litigant’s application fails to establish the level of poverty required under the IFP statute, such application is properly denied. See, e.g., Miller v. Smith, No. 21-cv-2949, 2021 WL 2894973, at *3 (E.D.N.Y. … The determination of whether an applicant qualifies for IFP status is within the discretion of the district court. Davis, 2010 WL 3419671 at *1 (citing DiGianni v.

U.S. Underwriters Ins. Co. v. Itg Dev. Grp., LLC

294 F. Supp. 3d 18 · District Court, E.D. New York · Mar 28, 2018

Bortnovsky, 879 F.2d 30 , 34 (2d Cir. 1989) (an "adjuster's report might otherwise qualify as a business record" but for the fact that it contained hearsay statements made by a person who had no duty to report information … Langer's statements clearly demonstrate the prejudice created by ITG's delayed notice to Plaintiff.

Culwick v. Wood

384 F. Supp. 3d 328 · District Court, E.D. New York · May 18, 2019

Resultingly, defendant clearly breached the contract by claiming the benefits for herself. … The pension and annuity benefits were clearly not a devise or bequest, given that the decedent died intestate.

The Irma

13 F. Cas. 93 · District Court, E.D. New York · Mar 15, 1872

Shipp.), led to the establishment of the presumption of personal liability on the part of the master in contracts made for the ship, as a "usage and custom of the seas.” … And the 18th admiralty rule of the supreme court of the United States clearly recognizes a similar rule of law.

Davis v. Hain Celestial Grp., Inc.

297 F. Supp. 3d 327 · District Court, E.D. New York · Apr 3, 2018

Even accepting plaintiff's allegation that consumers are not generally aware of non-thermal processing methods, the Cold-Pressed Line labels clearly indicate that such methods exist. … such products must bear a warning label stating that the "product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune

City of New York v. Beretta U.S.A. Corp.

315 F. Supp. 2d 256 · District Court, E.D. New York · Apr 12, 2004

It should not be used to immunize out-of-state actors from the legitimate reach of a state’s tort and nuisance doctrine. … According to the principle established in BMW of North America, Inc. v.

United States v. Private Sanitation Industry Ass'n of Nassau

793 F. Supp. 1114 · District Court, E.D. New York · Jun 29, 1992

In Bonanno, this court observed that requiring a defendant to divest himself of his interest in a RICO enterprise is clearly established as an available civil remedy by Section 1964(a). Bonanno, 683 F.Supp. at 1448 . … The defendant Joseph Pezza has argued that he is immune from this RICO "prosecution.”

Metts v. Miller

995 F. Supp. 283 · District Court, E.D. New York · Dec 12, 1997

Although the Court of Appeals has instructed that there is “no need to accord a full year after the effective date of the AED-PA,” the outer limits of the “reasonable period” have not been clearly established and must be … of state substantive law is immune from review in the federal courts”); Epps v.

Chrysafis v. James

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

Failure to make such annual payments would clearly amount to the type of persistent, illegality which the State Attorney General could attempt to enjoin under § 63(12). … Instead, the letter explained that advising voters to pursue disability-based mail-in voting without a qualifying condition constituted a felony under Sections 84.0041 and 276.013 of the Texas Election Code

Air Line Pilots Ass'n International v. United Air Lines, Inc.

480 F. Supp. 1107 · District Court, E.D. New York · Oct 30, 1979

However, whatever standards are established, United must enforce in a non-discriminatory manner. … Establishing Entitlement to Remedies.