Case law

Kalsi v. New York City Transit Authority

62 F. Supp. 2d 745 · District Court, E.D. New York · Dec 22, 1998

The TA hired him December 6, 1993, from a list of qualified applicants. … Debobes characterizes that policy as an exemption from hard hat requirements for Sikhs, and asserts that “both OSHA and PESH have clearly identified the need for religious freedom as outweighing the need for head protection

Moore v. Perales

692 F. Supp. 137 · District Court, E.D. New York · Jun 29, 1988

The explicit statement that private rights would not be abrogated and the discussion of the private actions clearly indicate congressional intent to allow a private remedy based on the Food Stamp Act. … The portion of the act that provides for enforcement against non-complying states does not qualify the word “comply” with “substantially.”

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.

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.”

Recchia-Hansemann v. Boces

901 F. Supp. 107 · District Court, E.D. New York · Oct 6, 1995

In short, Recchia-Hansemann was clearly employed at will by the defendant. … Recchia-Hansemann’s status as a registered nurse qualifies her as a professional, whose ability to secure future employment could be adversely affected by allegations of incompetence.

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

Seifert v. Keane

74 F. Supp. 2d 199 · District Court, E.D. New York · Jul 27, 1999

In order to prevail upon a claim rejected by a state court on the merits, a petitioner must show that the state court’s rejection of his claim “was contrary to, or involved an unreasonable application of, clearly established … Moreover, even if the court were to accept arguendo that the petitioner had established deficient performance, the petitioner’s claim would fail because he has not established prejudice.

Minsky v. Apfel

65 F. Supp. 2d 124 · District Court, E.D. New York · Sep 17, 1999

The ALJ rejected the opinion of the fourth treating physician on the theory that his views were “unsupported” and “contradicted” by his contemporaneous notes, even though this physician clearly operated “within the mainstream … Section 14.00B of the Listing of Impairments provides as follows: 14.00 Immune System (B) Dysregulation of the immune system may result in the development of a connective tissue disorder.

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.

Lissade

District Court, E.D. New York · Jul 24, 2026

They argue that each of these claims fails as a matter of law and, alternatively, that Defendants are entitled to qualified immunity on the claims for false arrest, excessive force, and denial of medical attention. … Likewise, because it grants summary judgment for Defendants on the merits, the Court does not reach Defendants’ alternative argument that they are entitled to qualified immunity.

Miceli v. Kleinberger

97 F. Supp. 518 · District Court, E.D. New York · May 15, 1951

The employer’s records (Ex.E) clearly so demonstrate. … The defendant above named is the duly qualified Executrix of the Will of the said Giles D.

Nature's Plus Nordic A/S v. Natural Organics, Inc.

980 F. Supp. 2d 400 · District Court, E.D. New York · Nov 6, 2013

The parties dispute whether three categories of payments qualify towards the minimal sales requirement. The Court describes these payments in turn. … “[T]he mere assertion by a party that contract language means something other than what it clearly says is not sufficient to raise a triable issue of fact.” 239 East 79th Owners Corp. v.

Ortiz v. County Of Nassau

District Court, E.D. New York · Feb 24, 2025

French, 691 F.3d 193, 215 n.6 (2d Cir. 2012) (affirming grant of summary judgment based upon probable cause and qualified immunity relying in part on video evidence where plaintiff did not dispute the accuracy of video) … Absolute Immunity: DA Singas & ADA Mauri The County Defendants argue that DA Singas and ADA Mauri are absolutely immune from liability because each of their actions were in made their roles as

Volpe v. Ryder

District Court, E.D. New York · Nov 2, 2023

And finally, Defendants argue that the “Collective Knowledge” and Qualified Immunity doctrines contribute to and govern over the reasonable suspicion leading to Defendant Ryder’s conducting the test. … In light of the disposition above, the Court need not address qualified immunity.

Attallah v. New York College of Osteopathic Medicine

94 F. Supp. 3d 448 · District Court, E.D. New York · Mar 27, 2015

claim under Section 1983, “a plaintiff must allege (1) that the conduct complained of was committed by a person acting under color of state law, and (2) that such conduct deprived the plaintiff of a right, privilege, or immunity … It would thus be clearly *459 inappropriate for the district court to retain jurisdiction over the state law claims when there is no basis for supplemental jurisdiction.”); Karmel v.

United States v. Vulcan Soc. Inc.

637 F. Supp. 2d 77 · District Court, E.D. New York · Jul 22, 2009

The City would fill slots in an Academy class by proceeding down the list of eligible and qualified applicants until the class was filled; once a class was filled, any eligible and qualified candidate still remaining would … We don’t know whether those people passing all are either ... qualified or ... not qualified. Perhaps some of them who were rejected would have been qualified.

Felder

District Court, E.D. New York · May 14, 2026

immunity. … (See MTD, Dkt. 44-1, at 5–6 (arguing that qualified immunity is warranted because Plaintiff did not allege a sufficiently serious condition).)

Ingram v. Nassau Health Care Corporation

District Court, E.D. New York · Feb 13, 2020

Thus, any slander or defamation claims concerning the alleged false statements that led to Plaintiff’s termination are clearly time-barred. … Oct. 21, 2011) (collecting cases and explaining that “the principle of absolute immunity in [the context of statements to the unemployment insurance board] is well-established”).

Browning v. Ceva Freight, LLC

885 F. Supp. 2d 590 · District Court, E.D. New York · Aug 11, 2012

Medical Directions establishes Dr. Reiber’s hours and Dr. Reiber must notify it when he intends to take vacation or personal time.”). … More importantly, even if the reality was that it would be extremely difficult to use the truck for other types of employment, every other factor'weighs clearly in favor of the Plaintiffs being independent contractors.

Disenos Artisticos E Industriales, S.A. v. Work

676 F. Supp. 1254 · District Court, E.D. New York · Dec 15, 1987

Section 405(a)(1) is clearly inapplicable. … That ruling was not dispositive with respect to the merits of counterdefendants’ claim of immunity.