Case law

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.

Frank v. Lawrence Union Free School District

688 F. Supp. 2d 160 · District Court, E.D. New York · Feb 22, 2010

Frank is otherwise qualified to serve as a mathematics teacher. Thus, the only disputed questions concern: (1) whether Mr. … In order to establish a prima facie retaliation case, Mr.

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.

Italverde Trading, Inc. v. Four Bills of Lading Numbered LRNNN 120950, LRNNN 122950, LRNNN 123580, & MSLNV 254064

485 F. Supp. 2d 187 · District Court, E.D. New York · Apr 10, 2007

Plaintiffs assert that they have established all of the elements of the claim as a matter of law. … Mem. at 16-17) that conduct that qualifies as an independent tort is sufficiently “wrongful” to qualify as tortious interference with prospective economic relations. See Carvel Corp. v.

Verdi v. United States

636 F. Supp. 114 · District Court, E.D. New York · Mar 27, 1986

Consequently, in Aldinger , the Supreme Court ruled that the application of pendent party jurisdiction over a county, immune to suit under 42 U.S.C. § 1983 , and as to which there was no independent basis of jurisdiction, … The claims against all the defendants clearly derive from a common nucleus of operative facts. Moreover, it involves the liability of several joint tortfeasors. Ordinarily, it would be the subject of a single lawsuit.

Zhang Jingrong v. Chinese Anti-Cult World Alliance (CACWA)

287 F. Supp. 3d 290 · District Court, E.D. New York · Mar 14, 2018

Defendant CACWA is a not-for-profit corporation registered under the laws of New York State; it was established in 2008. Id. ¶ 36 . … Similarly, Plaintiffs clearly assert that Falun Gong practitioners engage in religious observance at a "Spiritual Center," as well five associated religious sites. See Complaint, ECF No. 2 ¶¶ 3, 5, 6, 171.

Playskool, Inc. v. Product Development Group, Inc.

699 F. Supp. 1056 · District Court, E.D. New York · Nov 17, 1988

This would clearly be unsafe. The implication of the statement on defendant’s product is that all “Structures” pieces can be safely intermingled with all pieces from “Pipeworks.” … The statement does not specify that certain pieces from one product may be safely used with certain pieces from the other product, nor is the statement otherwise limited or qualified.

LaNier v. City of New York

District Court, E.D. New York · Feb 20, 2020

BACKGROUND The Complaint fails to clearly set out the factual background or legal arguments. Through careful reading, the Court understands Plaintiff to be alleging the following facts: 1. … It must clearly state the grounds for relief and include specific factual details, including how Plaintiff was harmed, when she was harmed, and who caused the harm.

Mauro v. Countrywide Home Loans, Inc.

727 F. Supp. 2d 145 · District Court, E.D. New York · Jul 22, 2010

[Plaintiff] was unable to provide any competent evidence that the proceeds were used for personal, family, or household purposes in order to establish an issue of fact. … June 16, 2009) (''[I]n determining whether the loan qualifies for TILA [or] RES-PA, ... the focus is not on the nature of the property securing the loan, but on the use of the loan proceeds.”).

Cohen v. J.P. Morgan Chase & Co.

262 F.R.D. 153 · District Court, E.D. New York · Sep 24, 2009

The proposed settlement establishes a process by which each class member can receive 100% of the post-closing fee paid, plus interest at 5% per annum. … “As long as plaintiffs assert ... that defendants committed the same wrongful acts in the same manner against all members of the class, they establish necessary typicality.” Bolanos v.

Ferrari v. County of Suffolk

790 F. Supp. 2d 34 · District Court, E.D. New York · Jun 7, 2011

for a substantive due process violation against any of the individual Defendants; (3) the Monell claim against the County must be dismissed; and (4) the Individual Defendants are, in any event, entitled to absolute and/or qualified … immunity.

Hong Yin v. North Shore LIJ Health System

20 F. Supp. 3d 359 · District Court, E.D. New York · May 19, 2014

Although either exception may prevent a plaintiff from having to file a complaint with the PHC, the circumstances of this case clearly fall within the second exception, thus obviating the need to discuss the first exception … Conditions that do not qualify as a hostile work environment under Title YII are, by definition, not sufficiently intolerable to force an employee to quit.”)

Kanhoye v. Altana Inc.

686 F. Supp. 2d 199 · District Court, E.D. New York · Dec 3, 2009

June 6, 2006) (noting that “negative employment evaluations ... accompanied by other adverse consequences to the terms and conditions of the Plaintiffs employment” may qualify as adverse employment actions). … Also, although the Court recognizes that allegations of discrimination cannot per se immunize a plaintiff against the consequences of offensive or inappropriate conduct, see Pulley v.

In Re "Agent Orange" Product Liability Litigation

506 F. Supp. 737 · District Court, E.D. New York · Nov 20, 1979

Here, the plaintiffs qualify under the first part of the Cort v. Ash test, as persons meant to be protected by FIFRA. … For, as the Federal Government has the exclusive power to establish and define the relationship by virtud of its military and other powers [footnote omitted] equally clearly it has power in execution of the same functions

Wilson v. Lenox Hill Hospital/Northwell Health

District Court, E.D. New York · Oct 15, 2019

the Court must dismiss an in forma pauperis action when the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … To establish a prima facie case of discrimination under Title VII or the ADEA, the plaintiff must show that (1) she is a member of a protected class, (2) she was qualified for the position she held, (3) she suffered an

Pitter v. Prudential Life Ins. Co. of America

906 F. Supp. 130 · District Court, E.D. New York · Nov 20, 1995

Although the law will not force parties into arbitration when such was clearly not their intent, see Chevron U.S.A., Inc. v. … In fact, the excerpt speaks not at all to what terms will or will not qualify as an agreement to arbitrate.

United States Securities & Exchange Commission v. Lowy

396 F. Supp. 2d 225 · District Court, E.D. New York · Mar 14, 2003

Lowy testified that he and Glasband had approved the qualifications of the firm and that he believed the firm to be qualified and independent. Tr. 1149. … Further, even if the SEC had presented evidence that the properties appraised by Govier were not properly valued at $5 million, the evidence did not clearly establish that Govier appraised the lands that were the subject

Dash v. Equitable Life Assur. Soc. of US

753 F. Supp. 1062 · District Court, E.D. New York · Dec 21, 1990

Perite waived posting at the request of various of his subordinate supervisors who told him that they had already identified the most qualified people available for the positions. … City and County of Denver, 718 F.Supp. 854 (D.Colo.1989) (clearly treating question as one for jury) with Hudgens v.

James v. Countrywide Financial Corp.

849 F. Supp. 2d 296 · District Court, E.D. New York · Feb 2, 2012

In order to establish a prima facie case of race discrimination, plaintiff must establish that he: (1) is a member of a protected class; (2) was qualified for the position he held; and (3) suffered an adverse employment action … According to plaintiff, if he was not supplied with qualified recruits his “performance outcomes at his assigned branch were systematically positioned to fail.” (Id. ¶ 86.)

Wright v. Terrinoni

District Court, E.D. New York · May 15, 2023

. § 1915(e)(2)(B), a district court must dismiss an IFP action if the complaint “is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune … To establish a Title VII claim, a plaintiff must show that he is a member of a protected class, he was qualified for the position and that he suffered an adverse employment action under circumstances giving rise to an inference