Case law

Petronio v. Walsh

736 F. Supp. 2d 640 · District Court, E.D. New York · Sep 14, 2010

A state court’s decision is “contrary to” clearly established federal law, as expressed by the Supreme Court, if “the state court arrives at a conclusion opposite to that reached by [the] Court on a question of law or if … The state courts’ affirmance of his conviction was therefore contrary to clearly established federal law.

Cunningham v. United States of America

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

complaint and dismiss any action that "(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 … 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

Ravenell v. County of Nassau

District Court, E.D. New York · Oct 21, 2019

15 Upon review of Plaintiff’s declarations in support of his applications to proceed in forma pauperis, the Court finds that Plaintiff is qualified … Ed. 2d 9 (1991) (“[J]udicial immunity is an immunity from suit, not just from ultimate assessment of damages.”)

LoCurto v. United States Bureau of Prisons

District Court, E.D. New York · Aug 12, 2024

Typically, complaints that clearly point to non-exhaustion “include allegations amounting to an admission by the plaintiff that he did not exhaust for whatever reason.” Munoz v. … The Individual Defendants, BOP, MDC, and the United States are immune from suit based on sovereign immunity. Leytman v. U.S. Dep’t of Homeland Sec. Transp. Sec. Admin., 804 F. App’x 78, 79 (2d Cir. 2020).

Karvaly v. Ebay, Inc.

245 F.R.D. 71 · District Court, E.D. New York · Sep 6, 2007

The numerosity requirement is clearly satisfied here. … The Second Circuit has held that “[c]lass-wide issues predominate if resolution of some of the legal or factual questions that qualify each class member’s case as a genuine controversy can be achieved through generalized

Dorsett v. County of Nassau

289 F.R.D. 54 · District Court, E.D. New York · Nov 26, 2012

harm to establish good cause for a protective order)). … Next, the Plaintiff alleges that the scope of the Protective Order was not clearly defined.

Berkley Insurance Company v. Prime Insurance Company

District Court, E.D. New York · Jul 18, 2023

I therefore find that Tides 2 and Averne II qualify as additional insureds under the Prime Policy. … Berkley counters that Prime’s reliance upon Section 3420 is misplaced, in that it does not immunize Prime from having to reimburse post-tender defense costs after it received timely notice on half of the Beechwood Entities

Shema Kolainu-Hear Our Voices v. Providersoft, LLC

832 F. Supp. 2d 194 · District Court, E.D. New York · May 21, 2010

Case law confirms that this is acceptable practice, although not a firmly established conclusion. See Arbitron, Inc. v. … Turning to the instant dispute, the conduct SK-HOV complains of does not qualify as “consumer oriented.”

In Re Ishihara Chemical Co., Ltd.

121 F. Supp. 2d 209 · District Court, E.D. New York · Nov 16, 2000

Nevertheless, the circuit court “has expressed some concern over conflicts with foreign jurisdictions that could be engendered by § 1782,” holding that “ ‘[a] grant of discovery that trenched on the clearly established procedures … It would intuitively appear that a proceeding challenging the validity of a patent before a foreign body would qualify as a proceeding before a foreign tribunal.

Aiello v. Town of Brookhaven

136 F. Supp. 2d 81 · District Court, E.D. New York · Mar 15, 2001

By contrast, in the present case, as the Court has found, the materials discarded at the dump were of a type that could have contributed to an imminent and substantial endangerment because the evidence clearly established … clearly thereby “assume[s] responsibility for determining [the waste’s] fate.”

Principal Life Insurance v. Locker Group

869 F. Supp. 2d 359 · District Court, E.D. New York · Jun 15, 2012

The Court may determine materiality as a matter of law based on “evidence of the insurer’s practice with respect to similar risks, as shown by such documents as the insurer’s underwriting manuals ... and by testimony of a qualified … Ratification requires clearly established intent, and “may not be inferred from doubtful or equivocal language.” Am. Gen. Life Ins. Co. v. Salamon, et al., No. 09-cv-5428, 2011 WL 976411 , at *4 (E.D.N.Y.

Browne v. City University of New York

419 F. Supp. 2d 315 · District Court, E.D. New York · Nov 23, 2005

Aug. 8, 2003)(finding that the assignment of extra work to plaintiff did not qualify as *334 an adverse employment action); Fridia v. Henderson, No. 99 Civ. 10749, 2000 WL 1772779 , at *7 (S.D.N.Y. … However, and unlike plaintiff, Zimmer’s severe disability was clearly documented. Thus, as a matter of law it cannot be said that Zimmer is similarly situated to plaintiff.

Hastings Development, LLC v. Evanston Insurance

141 F. Supp. 3d 203 · District Court, E.D. New York · Oct 30, 2015

In addition, the preamble states that the “word ‘insured’ means any person or organization qualifying as such under Section II — Who Is An Insured.” … There are no non-conclusory allegations in the complaint which establish an independent tort duty on the part of the Defendant.

Lavelle v. Quinones

679 F. Supp. 253 · District Court, E.D. New York · Feb 19, 1988

Clearly, public employees must be permitted to participate or refrain from participating in political campaigns as they see fit, and not as their supervisors instruct them. … THE RELEVANT LAW Under 42 U.S.C. § 1983 any deprivation under color of state law of rights, privileges, or immunities secured by the Constitution or laws of the United States is actionable. Par ratt v.

Peres v. Oceanside Union Free School District

426 F. Supp. 2d 15 · District Court, E.D. New York · Mar 31, 2006

To prevail on a Section 1983 claim, a plaintiff must establish that a person acting under color of state law deprived him of a federal right. See id.; see also Gomez v. … Finally, if a plaintiff can establish a “de facto system of tenure,” a property interest may also be implicated. 3 Id. (citing Goetz, 698 F.2d at 609).

Vultaggio Ex Rel. Vultaggio v. Board of Education

216 F. Supp. 2d 96 · District Court, E.D. New York · Aug 14, 2002

. § 4404 (establishing state administrative procedure). … It is clear, therefore, that any “opportunity to present” an IDEA complaint, qualifies as an IDEA procedure.

Usher v. Ercole

710 F. Supp. 2d 287 · District Court, E.D. New York · May 4, 2010

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and relied upon by Usher here, is “clearly established Federal law” for purposes of Section 2254(d). Williams v. … In order to establish that a state court unreasonably applied federal law, it is not sufficient that a federal court “concludes in its independent judgment that the relevant state-court decision applied clearly established

Booker v. Soho Studio, Corp.

District Court, E.D. New York · Jan 22, 2020

Though Plaintiff was clearly eager to return to work, wanting to do so does not render a return certain nor the date specific. … While “reassignment to a vacant position” may qualify as a “reasonable accommodation,” 42 U.S.C. § 12111(9), “the burden of establishing that a vacancy exists [is] on the plaintiff- employee,” Jackan v. N.Y.S.

United States v. Wilson

922 F. Supp. 2d 334 · District Court, E.D. New York · Feb 7, 2013

A minority of courts have refused to adjust for the Flynn Effect, or have concluded that a *351 state court's failure to adjust was not an unreasonable application of clearly established federal law for the purposes of adjudicating … Flynn Effect into account[, s]everal Circuit Courts to consider the issue have [] determined that a state court’s failure to account for [it] is not 'contrary to clearly established federal law' for purposes of § 2254(d)(

Jones v. Kneller

482 F. Supp. 204 · District Court, E.D. New York · Dec 18, 1979

Ass’n involved high school education, it clearly cautions against federal court intervention except when First Amendment rights are truly in jeopardy as a result of official actions. … Breckenridge, 403 U.S. 388 , 91 S.Ct. 1790 , 29 L.Ed.2d 338 (1971), the Court concluded that “[t]he language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some