Case law

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

United States v. Ruggiero

678 F. Supp. 46 · District Court, E.D. New York · Jan 25, 1988

The voir dire did not solve the issue to the court’s satisfaction, however, and the additional proceedings were clearly warranted. … He was discharged on that date after it was learned that he was not a United States citizen and was therefore not qualified to serve as a juror. ( 28 U.S.C. § 1865 (b)(1)). Mr.

United States v. Shellef

732 F. Supp. 2d 42 · District Court, E.D. New York · Aug 5, 2010

The misstatement, which omitted Shellef s income from the domestic sales of CFC, *63 clearly had the potential for impeding the IRS’s performance of its responsibilities regarding the collection of excise taxes on CFC-113 … Instead, the regulation applies only to “qualifying” sales.

Reiter's Beer Distributors, Inc. v. Christian Schmidt Brewing Co.

657 F. Supp. 136 · District Court, E.D. New York · Mar 10, 1987

Motions to strike are generally disfavored and will not be granted unless the matter asserted clearly has no bearing on the issue in dispute. Magnavox Co. v. … It “had no obvious terminating goal,” id. at 192 , so the enterprise element was clearly established.

Ellis v. United States

806 F. Supp. 2d 538 · District Court, E.D. New York · Jun 3, 2011

The rule announced in Padilla will therefore only be applied retroactively if it qualifies as a watershed rule. … First, applying the categorical approach established in Taylor v.

Cityspec, Inc. v. Smith

617 F. Supp. 2d 161 · District Court, E.D. New York · May 18, 2009

the regulation governing the boiler inspection competency examination provides that those wishing to take the test be, inter alia, “actually in the employ of the State of new York, a duly authorized insurance company or a qualified … Plaintiffs argue that they have alleged the existence and violation of a clearly defined Constitutionally protected interest, ie., the right to engage in a chosen profession.

Radu v. Toader

805 F. Supp. 2d 1 · District Court, E.D. New York · Aug 3, 2011

Because petitioner never desired to change L.R.’s residence, the last shared intent of L.R.’s home was clearly Romania. … In Abbott , the Court held that a parent’s ne exeat right qualifies as right of a custody under the Hague Convention. See 130 S.Ct. at 1990 .

Lewis v. Carrano

844 F. Supp. 2d 325 · District Court, E.D. New York · Feb 23, 2012

immunity. … The Supreme Court has established a two-pronged test to determine whether a claim is ripe for takings-type claims. Williamson County Reg’l Planning Comm’n v.

Giordani v. U.S. Department Of Justice

District Court, E.D. New York · Dec 7, 2022

Regardless, the plaintiff’s failure to establish subject matter jurisdiction with respect to his claims against the state mandates dismissal. … “An action is frivolous if it lacks an arguable basis in law or fact—that is, where it is ‘based on an indisputably meritless legal theory’ or presents ‘factual contentions [that] are clearly baseless.’” Id.

CHIMBAY v. AvalonBay Communities, Inc.

742 F. Supp. 2d 265 · District Court, E.D. New York · Sep 26, 2008

The statute clearly states that the [safety equipment] must have been properly ‘placed, and operated as to give proper protection to a person so employed.’ ”) (quoting N.Y. Lab. … It is undisputed that DaVinci qualified as an “additional insured” under the Burlington policy. The issue in dispute is whether DaVinci is entitled to coverage under the Burlington policy for Plaintiffs injuries.

Bumpus v. Superintendent of Clinton Correctional Facility

507 F. Supp. 2d 246 · District Court, E.D. New York · Sep 6, 2007

Before the second eyewitness to the shooting, Leana Gonzalez, took the stand, the court granted her immunity. … State appellate courts may establish fair procedural rules for the presentation of claims.

Polanco

District Court, E.D. New York · May 27, 2026

A plaintiff seeking to bring a lawsuit in federal court must also establish that the court has subject matter jurisdiction over the action. … There is no subject matter jurisdiction if “the purported federal claim is clearly immaterial and made solely for the purpose of obtaining jurisdiction or is wholly insubstantial and frivolous.”

Maggio v. Local 1199

702 F. Supp. 989 · District Court, E.D. New York · Jan 4, 1989

Both the Employer and NYSHFA seek to have the award vacated on the ground that its enforcement would violate the clearly articulated public policies of the state of New York and of the United States of America. … First, the Supreme Court noted that the Circuit Court’s pronouncement of public policy was in error because the lower court did not refer to existing laws and precedents to establish a “ ‘well-defined and dominant’ policy

Niles v. New York City Human Resources Administration

District Court, E.D. New York · Feb 8, 2024

She alleges that the defendant improperly “regard[ed] [her] as disabled by classifying [her] as a potential or actual source of COVID-19,” and “as impaired in [her] immune system and . . . … The defendant argues that the plaintiff has not established that she has a record of disability or that the defendant regarded her as having a disability. (ECF No. 14-1 at 5.) a.

Flexborrow LLC v. TD Auto Finance LLC

255 F. Supp. 3d 406 · District Court, E.D. New York · Jun 16, 2017

However, “[f]or RICO purposes, simply establishing the presence of an enterprise is not enough. … It would thus be clearly inappropriate for the district court to retain jurisdiction over the state law claims when there is no basis for supplemental jurisdiction.”); Karmel v, Claiborne, Inc., No. 99-CV-3608 (WK), 2002

Makell v. Sheriff Ms Vera Fludd

District Court, E.D. New York · Jan 23, 2020

An action “is frivolous when either: (1) the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy; or (2) the claim is based on an indisputably meritless legal theory … Gamble, 429 U.S. 97, 106 (1976) (establishing the standard applicable to treatment of convicted prisoners under the Eighth Amendment); see Wevant v.

Harris v. Kuhlmann

115 F. Supp. 2d 326 · District Court, E.D. New York · Sep 19, 2000

Applying these principles to the present case, the Court concludes that the trial court’s conclusions of law were neither contrary to, nor an unreasonable application of, clearly established federal law. … to the clearly established law of the United States as determined by the Supreme Court.

United States v. Goldstein

342 F. Supp. 661 · District Court, E.D. New York · May 5, 1972

The conference with the Regional Commissioner Intelligence, is described in the same regulations, but is clearly not mandatory. … Such a conference is clearly not a matter of right.

J. Lichtman &. Sons v. Dollar Steamship Line

13 F. Supp. 717 · District Court, E.D. New York · Feb 7, 1936

This is clearly hearsay and is not admissible. … He qualified the reference to the hides of the Morro Castle by saying that 'they were wet hides and not dry hides.

Brown v. Greiner

253 F. Supp. 2d 413 · District Court, E.D. New York · Mar 21, 2003

The Supreme Court has interpreted the phrase “clearly established Federal law” to mean “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” … I find that the Appellate Division’s ruling was contrary to the rule that was clearly established by Apprendi .