Case law

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.

Callari v. Blackman Plumbing Supply, Inc.

153 F. Supp. 3d 590 · District Court, E.D. New York · Dec 23, 2015

It is the plaintiffs burden to establish that the requirements of Fed. R. Civ. P. 23 are satisfied by a preponderance of evidence. See Teamsters Local 445 Freight Div. Pension Fund v. … Accordingly, the Court’s factual finding on this issue is not clearly erroneous, as the Plaintiff contends.

Superior Steel Studs, Inc. v. Zurich North America, Inc.

368 F. Supp. 2d 208 · District Court, E.D. New York · May 10, 2005

Investigation Report and Other Evidence In any event, the evidence submitted by defendants establishes that R & R’s dishonesty caused the loss. … To the contrary, the evidence establishes that they were principals or managers of that corporation.

Sperry Rand Corp. v. Nassau Research & Development Associates, Inc.

152 F. Supp. 91 · District Court, E.D. New York · Jun 6, 1957

The court recognizes the right, but says that the latter is a qualified one, not absolute or exempt from regulation ( 342 U.S. at page 155 , 72 S.Ct. at page 187 ). … This subject was clearly expounded in Radio Corporation of America v. Hygrade Sylvania Corp., D.C., 10 F.Supp. 879 .

Chapin v. Town of Southampton

457 F. Supp. 1170 · District Court, E.D. New York · Nov 3, 1978

At Brush Hollow the closest public parking was a mile away; the beach itself was secluded from view of other beaches; and nude bathing was an established tradition “long before the creation of the [Cape Code *1175 National … Plaintiffs’ last argument is that each ordinance is unconstitutionally over-broad, since each prohibits not only nude sunbathing but other activities which more clearly qualify as expression protected by the first amendment

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.

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.

Jamaica Savings Bank v. Lefkowitz

390 F. Supp. 1357 · District Court, E.D. New York · Feb 28, 1975

If New York law were clearly to that effect it might be an implied negative term of the mortgage agreement that conceivably could raise a question under the obligation of contracts clause. … The cases cited by plaintiff fall short, however, of establishing such a principle of New York law. New York State Thruway Authority v.

Jiang v. America Express National Bank

District Court, E.D. New York · Jan 10, 2023

She concluded that the plaintiff did not establish that American Express failed to comply with the FCRA. (Id.) … When the plaintiff was still unable to make a persuasive claim, arbitrator Smith dismissed his claims with prejudice, clearly recognizing that further amendment would be futile.

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

Caputo v. National Ass'n of Letter Carriers

730 F. Supp. 1221 · District Court, E.D. New York · Feb 16, 1990

only arguably negligent conduct, insufficient to establish liability. … Sipes clearly established the union’s discretion to settle grievances short of arbitration where it does so in good faith, 386 U.S. 191 -92, and such settlements are binding upon the individual employee absent evidence of

Bowen-Hooks v. City of New York

13 F. Supp. 3d 179 · District Court, E.D. New York · Mar 31, 2014

Prima Facie case To establish a prima facie case of employment discrimination under Title *211 VII, a plaintiff must show that: “(1) [s]he belonged to a protected class; (2) [s]he was qualified for the position [s]he held … State Univ. of N.Y., 704 F.Supp.2d 202, 227 (E.D.N.Y.2010) (“It is clearly established that ‘informal to supervisors constitute protected activity under Title VII.’ ” (citations However, while such complaints may be informal

Stevens v. New York Racing Ass'n, Inc.

665 F. Supp. 164 · District Court, E.D. New York · Jul 28, 1987

New York State Racing Ass’n, Inc., 33 N.Y.2d 144, 150-51 , 350 N.Y.S.2d 639 , 305 N.E.2d 765 , declined to reach the question of whether defendant’s conduct qualifies as state action. … New Hampshire Racing Comm’n, 390 F.Supp. 231, 236 (D.N.H.1975), the court determined that the activities of the New Hampshire Trotting & Breeding Ass’n, Inc. qualified as state action.

Falise v. American Tobacco Co.

94 F. Supp. 2d 316 · District Court, E.D. New York · May 1, 2000

Even in the absence of immunity for Tobacco’s litigation conduct, plaintiffs have failed to establish causation between that conduct and its injuries. … The New York Court of Appeals has clearly not decided whether or when a plaintiffs allegation of third party reliance may suffice to establish fraud.

City of New York v. Milhelm Attea & Bros., Inc.

550 F. Supp. 2d 332 · District Court, E.D. New York · Apr 30, 2008

Although state-licensed stamping agents execute a function endorsed by the State, this role does not necessarily immunize them from suit by a municipality. Defendants’ reliance on Cty. of Seneca v. … A judgment in the City’s favor would not negate established tribal rights because Native American tribes do not have established rights in the sale of unstamped cigarettes by reservation retailers to the public.

US Postal Service v. Phelps Dodge Refining Corp.

852 F. Supp. 156 · District Court, E.D. New York · May 18, 1994

Since defendants have not met their burden of establishing the privilege as to these drafts, they must all be disclosed. … Zirlin will not suffice to establish whether and when the work product doctrine became applicable.

American Federation of State, County & Municipal Employees, AFL-CIO v. County of Nassau

609 F. Supp. 695 · District Court, E.D. New York · May 17, 1985

In any event, neither the Nassau County Civil Service Commission nor the New York State Civil Service Commission qualify as deferral agencies under § 706(c). … “When the disparate impact model is removed from the cases challenging clearly delineated neutral policies of employers, it becomes so vague as to be inapplicable.”

Dotsenko v. Joseph

District Court, E.D. New York · Oct 4, 2019

“For the purposes of federal habeas review, ‘clearly established law’ is defined as ‘the holdings, as opposed to dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.’” … established federal law.

Linde v. Arab Bank, PLC

97 F. Supp. 3d 287 · District Court, E.D. New York · Apr 8, 2015

577 Fed.Appx. 22 (2d Cir.2014) (summary order) (affirming dismissal of certain defendants in ATA case where Department of State provided Statement of Interest asserting that those defendants were protected by sovereign immunity … Ali, 2011 WL 4583826 , and was more than qualified to give such testimony in the context of this civil case. At trial, Mr.

Brill v. Celebrezze

232 F. Supp. 296 · District Court, E.D. New York · Jul 2, 1964

Section 223(c) (2) of the Act, 42 U.S.C. § 423 (c) (2), px'ovides that a three-fold requirement must be met in order to qualify the applicant for disability insurance benefits. … Clearly, neither her ninth grade education nor past employment experiences would be brought to the forefront.