Case law

Moore v. County of Suffolk

851 F. Supp. 2d 447 · District Court, E.D. New York · Mar 30, 2012

Defendants Epley and Wilson move to dismiss on the grounds that plaintiff fails to state a plausible claim for relief against them, and, arguing that, in any event, they are entitled to qualified immunity. … 2 or level 3 sex offenders from residing in proscribed areas when the individual established a residence before the law was enacted.

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.

Centro de la Comunidad Hispana de Locust Valley v. Town of Oyster Bay

954 F. Supp. 2d 127 · District Court, E.D. New York · Jun 18, 2013

First, an organization may “have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.” Warth v. … Centro has established the “perceptible impairment” to its activities required to constitute standing in its own right.

Mitchell v. The Estate of Iris McLean

District Court, E.D. New York · Sep 24, 2019

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 … As the party invoking federal jurisdiction, plaintiff “bears the burden of establishing that jurisdiction exists.” See Conyers v.

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.

Williams v. Brooklyn Union Gas Co.

819 F. Supp. 214 · District Court, E.D. New York · Apr 22, 1993

Williams accept this job position it was emphasized that his job performance must be acceptable in every respect and should there be any problems regarding his job performance it must be clearly understood that he is subject … Neither the comments nor plaintiffs age alone is sufficient to establish an inference of discrimination”).

Conforti v. Sunbelt Rentals, Inc.

201 F. Supp. 3d 278 · District Court, E.D. New York · Aug 15, 2016

(finding that a complaint plausibly stated a discrimination claim based on allegation that the plaintiff, an African American, was replaced by a white employee who was less qualified). … Clearly, then, when viewed together, the Plaintiffs allegations of Sunbelt’s alleged disparate treatment of female employees in PC 104, and of the discriminatory comments made by three of the Plaintiffs supervisors close-in-time

Stratakos v. Nassau County

District Court, E.D. New York · Jun 24, 2021

Defendants’ invocation of qualified immunity proves inapposite. In a case such as this one, the Second Circuit has greatly simplified the analysis, reducing two elements of the test first articulated in Saucier v. … Plainly, these officers are not entitled to qualified immunity. Thus, plaintiff has established liability on the part of the officers for § 1983 excessive force and state assault and battery.

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

Barreto v. County of Suffolk

762 F. Supp. 2d 482 · District Court, E.D. New York · Dec 22, 2010

In order to qualify as a serious deprivation under the first prong of the Eighth Amendment analysis, Plaintiff need not prove that the injury was life-threatening or likely to result in permanent disability. Thomas v. … To establish liability, the plaintiff must show a “ ‘direct causal link’ between the policy and the violation.” Id.

De Londono v. Aerovias Nacionales de Colombia, S.A.

774 F. Supp. 718 · District Court, E.D. New York · Sep 16, 1991

Rather, as the facts presented by the plaintiff establish, the United States is merely a country in which Avianca, S.A. maintains a subsidiary sales agent. … This, however, was clearly not the case.

Karakus v. Wells Fargo Bank, N.A.

941 F. Supp. 2d 318 · District Court, E.D. New York · Apr 22, 2013

Framework for Claims Under New York law, a party claiming fraudulent inducement must “establish the basic elements of fraud, namely [1] a representation of material fact, [2] the falsity of that representation, [3] knowledge … Karakus that, in order for her to qualify for her loans, her house would have to be appraised at $525,000.” (Prop. Second Am. Compl. ¶ 93(e)).

Dolgow v. Anderson

43 F.R.D. 472 · District Court, E.D. New York · Jan 3, 1968

Although in some cases purchasers of one kind of security may be able to qualify as representative of those who purchased another kind (see Fischer v. … accepted, resort to the class action would be automatically precluded in cases where large *497 numbers of investors had been defrauded through complex schemes and the perpetrators of such schemes would be assured of virtual immunity

Hankins v. New York Annual Conference of the United Methodist Church

516 F. Supp. 2d 225 · District Court, E.D. New York · Sep 28, 2007

Accordingly, courts have created a “ministerial exception” whereby religious institutions are immune from discrimination suits by “ministerial” employees. 1 The ministerial exception was first recognized in McClure v. … Plaintiff claims that Defendants will not be able to establish that application of the ADEA to their mandatory retirement policy will substantially burden their exercise of religion.

Wojcik v. Brandiss

973 F. Supp. 2d 195 · District Court, E.D. New York · Sep 25, 2013

[DOH] regulations clearly state that checks may not be issued to replace lost or stolen checks. … Under this framework, a plaintiff must first establish a prima facie case of discrimination by showing that (1) she is a member of a protected class; (2) she was qualified for the position she held; (3) she suffered an adverse

Gruen v. Gruen

District Court, E.D. New York · Sep 30, 2024

“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 … The Judicial Defendants are thus immune from Plaintiff’s suit for monetary damages.

United States v. William Savran & Associates, Inc.

755 F. Supp. 1165 · District Court, E.D. New York · Jan 29, 1991

As to the “money” portion of the flyer (Plaintiff’s Exhibit 3), it continues, as follows: “Simply PRINT your name and address CLEARLY on the NO-RISK COUPON below. … Since the Court has determined that irreparable harm need not be established, and also that, in any event, it was demonstrated in this case, the Court must now determine whether the plaintiff has established that probable

In Re Air Disaster Near Cove Neck, Ny

774 F. Supp. 725 · District Court, E.D. New York · Sep 20, 1991

Rather, as the facts presented by the plaintiff establish, the United States is merely a country in which Avianca, S.A. maintains a subsidiary sales agent. … This, however, was clearly not the case.

Velazquez v. Legal Services Corp.

349 F. Supp. 2d 566 · District Court, E.D. New York · Dec 20, 2004

LSC believed that “[a]s the point of entry for clients, a shared intake mechanism must clearly differentiate between the two entities! … funds from plaintiff-grantees and from precluding plaintiff-grantees from forming affiliates with their non-federal funds, provided plaintiff-grantees comply with the terms and conditions of their Clarified Proposal, as qualified

Williams v. McGuinness

District Court, E.D. New York · Sep 27, 2023

Moreover, the Court has not identified (nor has Williams offered) any clearly established law as stated by the U.S. … them to do so, and accordingly, the state court’s decision is not contrary to clearly established law.