Case law

Gediman v. Anheuser-Busch, Inc.

193 F. Supp. 72 · District Court, E.D. New York · Mar 28, 1961

“In case your consideration is not forthcoming it leaves me no alternative but to make a most serious decision which I am not qualified to make, as I am not fully informed of all the various phases and ramifications contained … That has been clearly understood from the outset of this case, and no additional testimony is needed to establish the fact that the death benefit aspect of the Plan is deemed to have become effective November 1, 1952.

DeSilva v. North Shore-Long Island Jewish Health System, Inc.

770 F. Supp. 2d 497 · District Court, E.D. New York · Mar 16, 2011

wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter.” 29 U.S.C. § 218 (a) (emphasis added). … Passenger Corp., 537 F.3d 153, 161 (2d Cir.2008) (“[I]f Congress intended [49 U.S.C.] § 28103(b) to apply only to passenger claims, it would have included such qualifying language in the definition of the term ‘claims.’

Williams v. Amazon

District Court, E.D. New York · Apr 19, 2024

89, 94 (2007),2 a district court must dismiss an in forma pauperis action if the complaint “is frivolous,” “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, the plaintiff must demonstrate that he has exhausted all administrative remedies and provide facts to show that he is a member of a protected class, was qualified for the position, and suffered

Anghel v. Sebelius

912 F. Supp. 2d 4 · District Court, E.D. New York · Dec 13, 2012

Anghel next requested reconsideration by a qualified independent contractor (“QIC”). (Tr. at 570.) … Anghel nonetheless contends that the report of her expert establishes the invalidity of the sampling methodology used..

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.”

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

L & L White Metal Casting Corp. v. Joseph

387 F. Supp. 1349 · District Court, E.D. New York · Jan 15, 1975

, and the certificate to do business under the initials of “L & L WMC” filed by the plaintiff with the State of New Jersey in 1963 confirms, that the initials “L & L WMC” are so *1355 widely known in the trade that they qualify … Each supplement, as an individual unit, clearly complies with 17 U.S.C. § 20 .

Johnson v. County of Suffolk

280 F. Supp. 3d 356 · District Court, E.D. New York · Dec 4, 2017

Dealers, Inc., 970 F.Supp. 276, 278 (S.D.N.Y. 1997) (C.P.L.R. § 3102(c) petition subject to removal if it qualifies as an “initial pleading” that sets forth a claim for relief), with Mayfield-George v. Texas Rehab. … National Ass’n of Securities Dealers, Inc. 970 F.Supp. 276 (S.D.N.Y. 1997)—those cases are clearly distinguishable because, in both cases, it was apparent that federal jurisdiction existed in the future underlying action.

United States v. All Funds Presently on Deposit or Attempted to Be Deposited in Any Accounts Maintained at American Express Bank

832 F. Supp. 542 · District Court, E.D. New York · Aug 31, 1993

The Supreme Court has established a clear test for whether an issue of fact is “genuine” for the purposes of summary judgment. In Anderson v. … In civil forfeiture cases, hearsay evidence is not admissible to establish a claimant’s defense of innocent ownership.

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)).

Trent v. Town of Brookhaven

966 F. Supp. 2d 196 · District Court, E.D. New York · Aug 15, 2013

To establish his prima facie case, Plaintiff must show that: “1) he belonged to a protected class; 2) he was qualified for the position; 3) he suffered an adverse employment action; and 4) the adverse employment action occurred … See Conway, 414 F.Supp.2d at 461 (“Demotion for inappropriate behavior disallowed under company policy is clearly a legitimate, nondiscriminatory business reason.”).

Manzi v. DiCarlo

62 F. Supp. 2d 780 · District Court, E.D. New York · Apr 6, 1999

To establish a prima facie case of disability under the ADA, a plaintiff has the burden of proving that she is a “qualified individual with a disability,” Wernick v. … In order to establish the first element of her prima facie case — i.e., that she is a “qualified individual with a disability”— Manzi must show that her arthritis constituted a “disability,” which the ADA defines as: “(A)

Sturchler v. Sutherland

19 F.2d 999 · District Court, E.D. New York · Mar 22, 1927

The plaintiff contends that the securities in question are clearly identified and their ownership established; that the phrase “a person not eligible as a claimant,” as contained in subsection (d), is one without the requirement … When one reads subsection (g), it clearly shows that Congress intended subsection (d) to be so confined and limited.

United States ex rel. Qazi v. Bushwick United Housing Development Fund Corp.

977 F. Supp. 2d 235 · District Court, E.D. New York · Oct 14, 2013

Section 47.23 establishes a ratio requirement for children to adults in day care settings, stating that one adult must be present at all times for every six children between the ages of two and three years-old; the total … If the permittee or his/her employees or agents refuse to answer questions related to this permit application after being granted testimonial or use immunity, this permit may be revoked or other appropriate action may be

Weber v. King

110 F. Supp. 2d 124 · District Court, E.D. New York · Jul 10, 2000

Clearly, Plaintiffs’ interest in sustaining the Company’s profits is based solely on their two-thirds stake in the Company. … Control Data Corp., 923 F.2d 96, 98 (8th Cir.1991) (noting that “[i]t is well established that an entity on whose behalf a derivative claim is asserted is a necessary defendant in the derivative action”) (citing 3B Moore’

Blythe v. City of New York

963 F. Supp. 2d 158 · District Court, E.D. New York · Aug 5, 2013

Plaintiff must first establish a prima facie case of race 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 employment action … This date, however, is clearly a typo.

Senese v. Longwood Cent. Sch. Dist.

330 F. Supp. 3d 745 · District Court, E.D. New York · Aug 3, 2018

class; was qualified for his position as a probationary teacher at Ridge; and suffered an adverse employment action when he when he was suspended and ultimately terminated. … She is fully qualified, as an experienced administrator with prior CPI training to view such a situation and determine if a situation is improper.

Richards v. Mount Sinai South Nassau

District Court, E.D. New York · May 1, 2025

a protected class, (2) was qualified, (3) suffered an adverse employment action, and (4) has at least minimal support for the proposition that the employer was motivated by discriminatory intent.’” … See also id. at 15 (“Adverse [a]ctions, taken against [Plaintiff by Defendants] increased in intensities[] in the [e]mployment [d]iscriminations.”); 2/18/2025 Notice, Dkt. 12, at 1 (“The [Defendants’] conduct clearly

Local 553, Transport Workers Union v. Eastern Air Lines, Inc.

544 F. Supp. 1315 · District Court, E.D. New York · Aug 16, 1982

These proposals were clearly not unreasonable efforts to resolve the dispute. None of these proposals was accepted by defendant. … The CAB also conferred on the parties antitrust immunity pursuant to § 414 of the Federal Aviation Act, as amended, 49 U.S.C. § 1384 . The Union challenges neither of these rulings of the CAB.

Tri-State Judicial Services, Inc. v. Markowitz

624 F. Supp. 925 · District Court, E.D. New York · Dec 20, 1985

Quite clearly, Mrs. … Therefore, Tri-State cannot establish jurisdiction over Mr. Markowitz or M-I by virtue of § 301. Turning to § 302(a), it should first be noted that if in personam jurisdiction can only be established over Mr.