Case law

Chan v. The City of New York

District Court, E.D. New York · Mar 31, 2023

In addition, qualified immunity under Section 1983 shields officers from liability for initiating or continuing a proceeding so long as the prosecution was supported by at least arguable probable cause. … Because a plaintiff may recover on a failure-to-intervene theory only by showing that the purported failure led to the denial of a clearly established statutory or constitutional right, Ricciuti, 124 F.3d at 129, a “failure

Sung v. DeJoy

District Court, E.D. New York · Sep 5, 2024

Your allegation does not qualify as harassing conduct. Id. at 4 n.1. … The AJ further decided that Plaintiff “failed to raise a material issue of fact that would establish a prima facie case of disparate treatment discrimination based upon Race, Color, or Age” and could not “establish that

Donnelly v. Ford Motor Co.

80 F. Supp. 2d 45 · District Court, E.D. New York · Dec 30, 1999

Rule 702 provides, If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience … Nor does such a rebuttal establish the reliability of the plaintiffs’ expert’s unsupported opinions.

Wiltshire v. Dhanraj

421 F. Supp. 2d 544 · District Court, E.D. New York · Sep 14, 2005

Pov L. & Pol’y 73, 77 (1999)). 9 [T]o establish a prima facie case of [reverse redlining] discrimination ..., the plaintiff must show: (1) that she is a member of a protected class; (2) that she applied for and was qualified … Claims The four elements of a § 1985(3) claim are: (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of equal protection of the laws, or of equal privileges and immunities

Payne v. New York City Police Department

863 F. Supp. 2d 169 · District Court, E.D. New York · Mar 28, 2012

These factors are sufficient to establish that the EEOC was put on notice of potential racial discrimination. … First, a plaintiff must establish a prima facie case of discrimination by demonstrating that: “(1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse employment

Linde v. Arab Bank, PLC

608 F. Supp. 2d 351 · District Court, E.D. New York · Feb 26, 2009

The quantum of proof necessary to establish the applicability of the crime-fraud exception, however, is unsettled. … The court first examines the Declaration’s depiction of the Hamdan account as three-years “dormant” when there had been a number of deposits into the account during that time. 7 Clearly, this usage of “dormant” is at odds

Padberg v. McGrath-McKechnie

203 F. Supp. 2d 261 · District Court, E.D. New York · Apr 29, 2002

The purpose of the TLC is to develop and improve taxi and limousine service by adopting and establishing overall policy, and by establishing criteria and standards for driver safety, service, equipment safety and design, … Nevertheless, having to divert scarce resources away from other organization activities as a result of the challenged conduct may qualify as an injury that confers standing.

Frank v. Chater

924 F. Supp. 416 · District Court, E.D. New York · May 1, 1996

However, no court in this Circuit has yet to clearly articulate what HHS’ notification should encompass or when such notification should be given in order for a claimant to effectively waive that option. … Some courts in other Circuits have drawn a distinction between the types of prejudice that a claimant must establish depending on whether there was effective or ineffective waiver.

United States v. All Funds on Deposit At: Citigroup Smith Barney Account No. 600-00338

617 F. Supp. 2d 103 · District Court, E.D. New York · Sep 10, 2007

Clearly, Hana has no ownership interest in the Defendant Accounts. See Musso v. … Kobi is clearly a sophisticated businessman represented by competent counsel.

Mejia-Ruiz v. Immigration & Naturalization Service

871 F. Supp. 159 · District Court, E.D. New York · Dec 16, 1994

On May 24, 1994, upon his attempted return to the United States, he was subjected to an exclusion proceeding because he was not clearly admissible to enter the United States due to his conviction for a drug-related offense … Thus, in order to meet the definition of an aggravated felony, an offense must (a) qualify as a felony and (b) be punishable by one of the three referenced statutes.

Sprint Spectrum LP v. BOARD OF ZON. APP., OF TOWN OF BROOKHAVEN

244 F. Supp. 2d 108 · District Court, E.D. New York · Feb 5, 2003

The testimony and evidence submitted clearly demonstrated that the subject premises is located between the East Setauket and Old Setauket historic district transition zones where the majority of the buildings are one-story … On the other hand, courts “can find that aesthetics qualify as a permissible ground for denial of a permit only if ... there was ‘more that a mere scintilla’ of evidence before the [local board] on the negative visual impact

Smith v. Factory Direct Enterprises LLC

District Court, E.D. New York · Sep 5, 2019

The Complaint clearly satisfies the first three requirements for alleging a prima facie case for wrongful termination: the Plaintiff is a member of a protected class; she was qualified for the position she held, sales manager … (stating plaintiff's “termination clearly constitutes an adverse employment action”).

Baldwin v. North Shore University Hospital

470 F. Supp. 2d 225 · District Court, E.D. New York · Jan 18, 2007

First, the plaintiff must establish a prima facie case of discrimination by establishing the following elements: (1) she is a member of a protected class; (2) she was qualified for the position; (3) she suffered an adverse … All of this uncontroverted evidence clearly shows the absence of racial discrimination in the decision to suspend the plaintiff. 3.

Thompson v. Administration for Children Services

District Court, E.D. New York · Oct 30, 2023

dismiss an IFP case if 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 … She should also state clearly what relief she is asking for.

Kaur v. Royal Arcadia Palace, Inc.

643 F. Supp. 2d 276 · District Court, E.D. New York · Dec 27, 2007

In any event, “New York quite clearly rejects any strict application of the parol evidence rule when fraud is claimed.” Centronics Financial Corp. v. … Because Plaintiffs have provided no evidence that Malabar conducted business of more than $500,000, Malabar does not qualify for enterprise coverage for the purposes of the FLSA.

4Connections LLC v. Optical Communications Group, Inc.

618 F. Supp. 2d 178 · District Court, E.D. New York · Mar 27, 2009

Under this agreement, if defendant failed to establish this connectivity by a certain date in 2007, Level 3 would have the right to rescind their agreement. … Nat’l Westminster Bank USA, 124 A.D.2d 626 , 507 N.Y.S.2d 888, 889-90 (2d Dep’t 1986) (citation omitted). 2 When a contract clearly identifies a single document, it eliminates all reasonable doubt and thus qualifies as an

Rexall Sundown, Inc. v. Perrigo Co.

651 F. Supp. 2d 9 · District Court, E.D. New York · Sep 10, 2009

Instead, by referencing a particular competing product, that is, the Body Solutions line, Plaintiffs invitation to ‘compare’ does not qualify as a vague claim of superiority. … (i) Literal Falsity The Second Circuit has clearly stated that “only an unambiguous message can *34 be literally false.

Robins Island Preservation Fund, Inc. v. Southold Development Corp.

755 F. Supp. 1185 · District Court, E.D. New York · Feb 1, 1991

The burden on such a motion is upon the moving party to clearly establish the absence of a genuine issue as to any material fact. Donahue, 834 F.2d at 57 . … A reasonable interpretation of the “no lawful impediments” phrase would not support the theory that the drafters of the Treaty actually intended that a claimed heir or assignee would remain immune from the countless other

Miller v. Senkowski

268 F. Supp. 2d 296 · District Court, E.D. New York · Jul 22, 2003

Allen further indicated that there was no guarantee that he could resume Petitioner’s defense after one week and that later complications caused by his lowered immune system could further delay the proceedings. … established Federal law, as determined by the Supreme Court of the United States,” or (2) “involved an unreasonable application of ... clearly established Federal law, as determined by the Supreme Court of the United States

Bibi v. Bitter

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

Citizenship and Immigration Services (“USCIS”) to establish the qualifying relationship with the foreign national beneficiary. See 8 C.F.R. § 204.1(a). … Once processed, the case is deemed documentarily qualified, which means that the visa applicant has submitted the necessary documentation to be scheduled for an interview. Id.