Case law

Ortiz v. City of New York

755 F. Supp. 2d 399 · District Court, E.D. New York · Dec 13, 2010

District courts, however, have not dismissed actions as untimely on Rule 12(b)(6) motions unless the “complaint shows clearly that a claim is not timely.” Robert Smalls Inc. v. … The cause of action, § 1983, was enacted by the Civil Rights Act of 1871, and the § 1658(a)-qualifying Civil Rights Act of 1991 did not amend it.

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.”).

Bee v. Novartis Pharmaceuticals Corp.

18 F. Supp. 3d 268 · District Court, E.D. New York · May 9, 2014

That is, Aredia’s and Zometa’s labels clearly indicated the FDA-approved use for these particular drugs, and neither osteoporosis nor anky-losing spondylitis were listed as conditions for which these drugs were to be prescribed … Kraut to be qualified for purposes of offering an expert opinion as to causation for similar reasons); In re Fosamax Prods. Liab.

Chandler v. Janssen Pharm., Inc.

322 F. Supp. 3d 314 · District Court, E.D. New York · Jun 29, 2018

General Causation is Established When a case rests on complex medical issues, the plaintiff must introduce evidence, including expert medical testimony, establishing causation. Fane , 927 F.2d at 131 . … Plaintiff Cannot Establish Specific Causation Under New York's proximate cause standard, a defendant in a failure to warn case is entitled to summary judgment if the evidence establishes "that any given warning would have

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

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.

Carmichael ex rel. Estate of Moore v. City of New York

34 F. Supp. 3d 252 · District Court, E.D. New York · Aug 1, 2014

. § 1983 To establish a § 1983 claim, plaintiff must show that (1) a person acting under color of state law (2) deprived her of rights, privileges, or immunities secured by the Constitution and its laws. 6 42 U.S.C. § 1983 … Her knowledge of, and experience with, bloodhounds qualify her as an expert in this case. After studying the facts, Dr.

United States v. Scarpa

701 F. Supp. 379 · District Court, E.D. New York · Dec 2, 1988

interrogation must cease until an attorney is present. *384 In Edwards we emphasize[d] that it is inconsistent with Miranda and its progeny for the authorities, at their instance, to reinterrogate an accused in custody if he has clearly … The government has more than amply sustained its burden of establishing that the defendant knowingly and intelligently waived his Sixth Amendment rights.

Manneh v. F.B.I.

District Court, E.D. New York · Jan 13, 2020

An action is frivolous when “the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy.” Livingston v. … Moreover, a plaintiff seeking to bring a lawsuit in federal court must establish that the court has subject matter jurisdiction over the action. See, e.g., Rene v. Citibank NA, 32 F.

New York v. Evans

162 F. Supp. 2d 161 · District Court, E.D. New York · Sep 12, 2001

Council, 490 U.S. 360, 378 , 109 S.Ct. 1851 , 104 L.Ed.2d 377 (1989) (“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts, even if, as … The administrative record clearly reflects that the Secretary took great pains to conform his actions to the Daley decisions. (Admin.R. at 1075, 1324-29, 1337-40.)

Riley v. Ambach

508 F. Supp. 1222 · District Court, E.D. New York · Jul 1, 1980

Moreover, the test results show that Straty was not, in fact, qualified under the 50% rule as implemented by the defendants (Exs. 9, D). … Both statutes establish the following basic objectives summarized in 45 CFR Pt. 84, App.

Tri-County Motors, Inc. v. American Suzuki Motor Corp.

494 F. Supp. 2d 161 · District Court, E.D. New York · Jul 3, 2007

“The point of these rules is to give parties the power to contract as they please, so that they may, if they like, bind themselves orally or by informal letters, or that they may maintain ‘complete immunity from all obligation … As such, any agreement between the parties “clearly [would have been] of the type that ordinarily would be committed not only to a writing but to a formal contract replete with representations and warranties and the other

Torres v. City of New York

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

immunity cannot save them as summary judgment is only appropriate if “there is no dispute as to the pertinent events and the knowledge of the officers.” … Additionally, “the ‘plainly incompetent or those who knowingly violate the law’ . . . are precluded from claiming the protection of qualified immunity.” Moore v.

Morales v. United States of America

District Court, E.D. New York · Nov 19, 2020

Redactions The law enforcement privilege is a qualified privilege which establishes a presumption against disclosure for information (1) pertaining to law enforcement … This question is better left in the first instance to Judge Reyes, who as “a magistrate judge[,] is best qualified to ‘judge the entire atmosphere of the discovery process.’” Curto v. Med.

Plastic Surgery Group, P.C. v. United Healthcare Insurance Co.

64 F. Supp. 3d 459 · District Court, E.D. New York · Dec 11, 2014

Plaintiffs argument that its claims relate only to the amount of payment attempts to narrow the focus of these motions to the services provided to Patients A-D, which no one disputes qualified for Plan benefits. … Rather, the insurer must demonstrate that the SPD is part of the Plan, for example, by the SPD clearly stating on its face that it is part of the Plan.”).

United States v. Certain Real Property & Premises Known as 44 Autumn Avenue

156 F.R.D. 26 · District Court, E.D. New York · May 24, 1994

The government is correct that Rule C(6) establishes the statutory standing requirements for an in rem forfeiture proceeding. United States v. … Finally, like the claimant in One 1987 BMW, the Claimants here have expressed Fifth Amendment and spousal immunity concerns with respect to the government’s first set of interrogatories. 8 This ease is before the court in

Batchelor v. City of New York

12 F. Supp. 3d 458 · District Court, E.D. New York · Apr 1, 2014

Individuals who were serving less than six months would qualify upon reaching the requisite time period. (Id. at 2.) … To establish a prima facie case of employment discrimination under Title 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; (3) [s]he suffered an

C.T. v. Valley Stream Union Free School District

201 F. Supp. 3d 307 · District Court, E.D. New York · Aug 16, 2016

Some of the offensive behavior about which J.T. complains clearly could not support a negligent supervision claim, as it is clear that defendants would have had no way of anticipating it. … School officials could immunize themselves from any criticism by swiftly punishing any student who is the child of a critical parent.” Cain v. Tigard-Tualatin Sch.

Gerzog v. London Fog Corp.

907 F. Supp. 590 · District Court, E.D. New York · Nov 18, 1995

To establish a prima facie ease, Gerzog must show that (1) he was within the protected age group, (2) he was qualified for the position, (3) he was discharged, and (4) the discharge occurred under circumstances giving rise … Such general allegations are insufficient to establish a valid claim.

Hirschfeld v. Total Health Systems, Inc.

775 F. Supp. 574 · District Court, E.D. New York · Oct 9, 1991

an issue of first impression whose resolution was not clearly foreshadowed ... … In concluding that nonretroactivity was the correct choice in this case, Justice O’Connor stated that “a proper application of the Chevron Oil test” to the Beam Distilling case would clearly have established that the Bacchus