Case law

Pretty Girl, Inc. v. Pretty Girl Fashions, Inc.

778 F. Supp. 2d 261 · District Court, E.D. New York · Mar 14, 2011

Plaintiffs Mark is Entitled to Protection Both registered and unregistered trademarks can qualify for protection under § 43(a). Rescuecom Corp. v. … Because the parties in this case already occupy the same market, there is no gap to bridge, and this factor weighs clearly in Plaintiffs favor. Actual confusion.

Walker v. City of New York

District Court, E.D. New York · Feb 10, 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 … Furthermore, to state a claim against a municipality for failure to train, a plaintiff must establish “[a] pattern of similar constitutional violations by untrained employees . . . to demonstrate deliberate indifference

Vicuna v. O.P. Schuman & Sons, Inc.

298 F. Supp. 3d 419 · District Court, E.D. New York · Oct 31, 2017

It clearly fell within the scope of discovery. Schuman could have and should have discovered the engineering folder and produced it upon the plaintiffs' May 2014 document request. … Heiberg is qualified. B. Relevance & Reliability After qualifying a witness as an expert, the court must next turn to the other factors in Rule 702.

Terrell Williams v. Superintendent, GHCF

District Court, E.D. New York · Oct 31, 2025

an unreasonable application of clearly-established Supreme Court precedent.” Pet. 18.3 Petitioner seeks release from the state’s custody unless he is afforded a new trial within a reasonable time. Pet. 36. … The Second Circuit held that the admission of the autopsy report constituted an unreasonable application of clearly established federal law, and that the error in admitting the report was not harmless.

Paz Systems, Inc. v. Dakota Group Corp.

514 F. Supp. 2d 402 · District Court, E.D. New York · Sep 18, 2007

An analysis of these factors establishes that the Paz data at issue was a trade secret. … Corp., 878 F.2d 650 , 657 (2d Cir.1989) (“In the context of a claim for unfair competition, we have noted that ‘New York law clearly permits punitive damages where a wrong is aggravated by recklessness or willfulness, ...

United States v. Taleb-Jedi

566 F. Supp. 2d 157 · District Court, E.D. New York · Jul 23, 2008

Its primary goal is the overthrow of the Iranian Government, after which it would seek to establish a nontheocratic republic.... … Circuit also found the administrative record sufficient to establish that the PMOI “engages in terrorist activity.” Id. at 24-25 .

John

District Court, E.D. New York · Oct 22, 2025

Glennon, 757 F.2d 496, 501 (2d Cir. 1985) (“Clearly, a violation of state law is not cognizable under § 1983.” (emphasis added) (citing Davis v. Scherer, 468 U.S. 183, 194-95 (1984)). … Here, amendment would be futile because Plaintiff’s allegations exceed the relevant statutes of limitations for Bivens and Section 1983 claims and fail to establish the state action necessary for both claims.

Brown

District Court, E.D. New York · Jun 2, 2026

an in forma pauperis action where it is satisfied that the action is “(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 … By delegating enforcement authority to the Secretary of the Department of Health and Human Services, the statute clearly reflects that Congress did not intend for HIPAA to create a private remedy.

Saget v. Trump

375 F. Supp. 3d 280 · District Court, E.D. New York · Apr 11, 2019

Clearly, political motivations influenced Secretary Duke's decision to terminate TPS for Haiti. … Indeed, "the political branches' plenary power over immigration" is not immune from judicial review. Osorio-Martinez v. Att'y Gen. , 893 F.3d 153 , 175 (3d Cir. 2018).

Mangaroo v. BOUNDLESS TECHNOLOGIES, INC.

253 F. Supp. 2d 390 · District Court, E.D. New York · Feb 17, 2003

To establish a prima facie case of racial discrimination, the Plaintiff must show that (1) he was a member of a protected class; (2) he was qualified for his job; (3) he suffered an adverse employment action; (4) the adverse … This clearly constitutes a legitimate reason for his suspension.

Richard v. New York City Department of Education

District Court, E.D. New York · Aug 13, 2024

Even if the Court did consider these materials, however, they are clearly subject to interpretation. … While defendant argues that the documents demonstrate that the applicants selected for the positions were more qualified than plaintiff, plaintiff clearly disagrees even if he suggests we examine this evidence.

Drug Mart Pharmacy Corp. v. American Home Products Corp.

472 F. Supp. 2d 385 · District Court, E.D. New York · Jan 25, 2007

Oil Co., 487 F.Supp. 808, 818 (E.D.N.Y.1980) (“The facts before the court clearly indicate that [plaintiff] is not entitled to invoke th[e indirect purchaser] exception. … Even though the case law does not clearly define what constitutes a sale, some parameters are apparent.

Fainbrun v. Southwest Credit Systems, L.P.

246 F.R.D. 128 · District Court, E.D. New York · Sep 25, 2007

Because Defendant clearly had no intention or ability to report late or missed payments or any additional defaults to credit bureaus, regardless of whether Defendant paid any or all of the amount demanded, the challenged … Giuliani, 126 F.3d 372, 378 (2d Cir. 1997) (stating that the adequacy of representation requirement entails two factors: (1) *133 class counsel must be qualified, experienced and generally able to conduct the litigation;

Rafat Mohamed Ahmed Abdulbasit v. US Citizenship Immigration Services; US Immigration Customs Enforcement; Police Benevolent Association of the City of New York (PBA); Roller N Roaster Corporation

District Court, E.D. New York · Nov 19, 2025

App’x 25, 27 (2d Cir. 2015) (summary order) (“[I]t is well-established that we cannot naturalize citizens through our equitable powers.”). … Cheney, 642 F.3d 364, 368 (2d Cir. 2011) (“A court may dismiss a claim as factually frivolous if the sufficiently well-pleaded facts are clearly baseless — that is, if they are fanciful, fantastic, or delusional.”

Conte v. Newsday, Inc.

703 F. Supp. 2d 126 · District Court, E.D. New York · Mar 25, 2010

However, email interception does not qualify as a predicate act under the RICO statute. 9 See 18 U.S.C. § 1961 (1). … Accordingly, any transmission to Furnell or the other route distributors clearly does not qualify as an “interception” under the ECPA.

O'Neill v. United States

927 F. Supp. 599 · District Court, E.D. New York · Jun 12, 1996

DISCUSSION The FTCA is a limited waiver of the sovereign immunity of the United States. … The undisputed evidence in this case establishes that, in its activities with regard to the IRS boiler room, Ogden-Allied was an independent contractor.

Cora Sr. v. Feliciano

District Court, E.D. New York · Jan 29, 2024

dismiss the case at any time if the court determines” that 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 … ., “the claim lacks an arguable basis in law” or “a dispositive defense clearly exists on the face of the complaint.”

Country View Estates @ Ridge LLC v. Town of Brookhaven

452 F. Supp. 2d 142 · District Court, E.D. New York · Sep 25, 2006

Judge Orenstein is clearly correct that the case is not ripe for adjudication at this time. … immunity.

Carter v. Newsday, Inc.

76 F.R.D. 9 · District Court, E.D. New York · Sep 22, 1976

The Court of Appeals affirmed the district court’s certification that the plaintiff could properly maintain a class action on behalf of all black employees who were qualified for but were denied supervisory positions. … addition: (1) the prosecution of.separate actions by or against individual members of the class would create a risk of (A) inconsistent or varying adjudications with respect to individual members of the class which would establish

Martinez

District Court, E.D. New York · Jan 6, 2026

Instead, the earliest date on record at which Martinez clearly requested a reasonable accommodation was at the November 27, 2018 Step 3 grievance meeting — after she had been terminated from employment. See Pl. … The record establishes beyond dispute that Martinez, before her November 14, 2018 termination, did not either (1) request FMLA leave or (2) provide sufficient notice that any leave taken was for an FMLA-qualifying reason