Case law

Ochoa v. Avianca

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.

Kelley

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

While this determination generally deems LISH a federal employee for purposes of § 233, it does not “conclusively establish PHSA and FTCA coverage with respect to a particular lawsuit . . . … Id. at 1128 (“Being deemed a PHS employee, however, does not automatically entitle the employee to immunity from suit.

Murden v. Artuz

253 F. Supp. 2d 376 · District Court, E.D. New York · Sep 7, 2001

McGinnis, 252 F.3d 85, 89-90 (2d Cir.2001) (“petitioner is entitled to habeas relief only upon a showing that the state courts unreasonably applied clearly established Supreme Court precedent”) (emphasis in original). … Because petitioner cannot establish that the causation charge was erroneous as a matter of state law, he cannot establish that his due process rights were violated and his claim must be denied.

Skibo v. City of New York

109 F.R.D. 58 · District Court, E.D. New York · Oct 24, 1985

The defendants correctly assert that the executive privilege is qualified, not absolute. Thus, the court must balance competing factors to determine whether the privilege prohibits discovery. … In my view plaintiffs’ overwhelming need for the material clearly outweighs defendants’ concerns regarding secrecy. B.

Frazer v. Bakery & Drivers Local 550 and Industry Health Benefit & Pension Fund

District Court, E.D. New York · Apr 5, 2023

that Plaintiff clearly has not met. … As explained above, any claim by Plaintiff for a pension based on either the 1993 Rules or the 2014 Rules clearly fails.

Todd v. Aetna Health Plans

62 F. Supp. 2d 909 · District Court, E.D. New York · Aug 6, 1999

by reason of education, training or experience or may reasonably become qualified) Long Term Disability Benefits Plan, Defs. … The party must produce specif *913 ic facts sufficient to establish that there is a genuine factual issue for trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986).

Frasca v. Andrews

463 F. Supp. 1043 · District Court, E.D. New York · Mar 5, 1979

in class or out of it, which for any reason— whether it stems from time, place, or type of behavior — materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized … To be consistent with the first amendment drastic post-publication suppression, particularly, as here, on the last day of school, should be permitted only when clearly justified.

Does v. Hochul

District Court, E.D. New York · Sep 30, 2022

only until such immunization is found no longer to be detrimental to such personnel member’s health.” 10 N.Y.C.R.R. § 2.61; (ECF No. 1-9 at 5.) … It applies to all ‘personnel,’ as carefully defined in the Rule, aside from those who qualify for the narrowly framed medical exemption.”).

Saint-Jean v. Emigrant Mortgage Co.

50 F. Supp. 3d 300 · District Court, E.D. New York · Sep 25, 2014

Commodore was unaware of the “Resource Letter” indicating her income was clearly insufficient to make ongoing and timely payments on the loan. (SAC ¶ 165.) Ms. … See e.g., White, 736 F.Supp.2d 538, 555-56 (ECOA and FHA claims equitably tolled given establishment of intentional and self-concealing nature of claim); Council v.

Braithwaite v. Suffolk County New York

District Court, E.D. New York · Nov 9, 2022

First, “Section 1983 does not abrogate the Eleventh Amendment immunity of the States.” Id. Second, New York has not waived its immunity from suit. … Supp. 3d 293, 314 (E.D.N.Y. 2015) (“It is well established that New York State has not waived its sovereign immunity from Section 1983 claims.”

Harvey v. Creedmoor Psychiatric Center

District Court, E.D. New York · Feb 17, 2022

. § 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 … “[A]t the pleading stage, the plaintiff must clearly allege facts demonstrating” standing. Spokeo, Inc. v.

IME WatchDog, Inc. v. Gelardi

District Court, E.D. New York · Oct 20, 2023

(March 2023 Tr. 81:6–9 (establishing that fact as to Pollak); id. 42:18–19 (establishing that fact as to Elefterakis).) … Evidence of Defendants’ Noncompliance is Clear and Convincing The evidence presented during the March 27, 2023 hearing clearly and convincingly established that Safa directed Fari Gutierrez—a friend of the Gelardi family

Hofheinz v. AMC Productions, Inc.

147 F. Supp. 2d 127 · District Court, E.D. New York · Jan 11, 2001

In the case of a published work, “even substantial quotations might qualify as fair use.” Id. … See Wright, 953 F.2d at 740 (stating that the district court correctly granted defendants summary judgment where three of the four factors clearly favored the defendants).

Little v. County of Nassau

District Court, E.D. New York · Dec 21, 2023

immunity. … Because Defendants showed that they are entitled to summary judgment, the Court need not address the issue of qualified immunity. See, e.g., Kee v.

Procter & Gamble Co. v. Quality King Distributors, Inc.

974 F. Supp. 190 · District Court, E.D. New York · Sep 3, 1997

Houghton Mifflin Co., 364 F.2d 650, 653 (2d Cir.1966) (plaintiffs must establish that any alleged defamatory statement is “of and concerning” them). … The cases cited by Quality King are clearly distinguishable from the present case. First, in Keogh v.

Holmes v. Air Line Pilots Ass'n, International

745 F. Supp. 2d 176 · District Court, E.D. New York · Oct 12, 2010

Specifically, the Benefits Lost Allocation method considered a pilot’s qualified benefit component and non-qualified benefit component. (Id. at 1-7.) … The non-qualified benefit component provided all pilots participating in Delta’s non-qualified benefit plans 24 with a 60% recovery ratio for losses associated with termination of those plans. (Id. at 1-2, 4, 7.)

Gasser Chair Co. v. Infanti Chair Manufacturing Corp.

943 F. Supp. 201 · District Court, E.D. New York · Jun 28, 1996

Thomas Tolleson who was qualified as an expert in designing chairs. … The evidence adduced also clearly established that the plaintiffs chair acquired a “secondary meaning” by the time the defendants resumed the pirating of those chairs in 1981.

Lighton Indus., Inc. v. Allied World Nat'l Assurance Co.

348 F. Supp. 3d 167 · District Court, E.D. New York · Sep 28, 2018

Accordingly, the court concludes that the Classification Limitation is ambiguous insofar as it does not clearly establish what the court should reference in determining whether a particular instance of exterior work is "incidental … Hawley CGL Policy clearly supports, much less compels, Mt. Hawley's interpretation, or any other reading of the virgule.

Joseph v. Nassau County Department of Probation

District Court, E.D. New York · Jun 11, 2021

“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 … Plaintiff has not identified Nassau County as a defendant here nor pled any facts to establish municipal liability. omitted)).

Yannai v. United States

346 F. Supp. 3d 336 · District Court, E.D. New York · Nov 6, 2018

This is plainly insufficient to establish any prejudice, let alone affirmatively prove it. Nevertheless, in McCoy v. … Henderson , 13 F.3d 528 , 533 (2d Cir. 1994) ("[A] petitioner may establish constitutionally inadequate performance if he shows that counsel omitted significant and obvious issues while pursuing issues that were clearly and