Case law

Joseph v. Children's Rescue Fund

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 … Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”).

Joseph v. The Landing Family Shelter

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 … Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”).

Joseph v. Row Hotel

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 … Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”).

Scelza v. Scelza

District Court, E.D. New York · May 28, 2024

Upon review of Plaintiff’s submissions, the Court finds that he is qualified by his financial position as reported in his IFP application to proceed without prepayment of the filing fee. … LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether a plaintiff qualifies for in forma pauperis status, and then

Colletta v. Northwell Health

District Court, E.D. New York · Oct 18, 2019

Objections to a Report must be specific and clearly aimed at 2 particular findings in the magistrate judge’s proposal.” … To establish such a claim, “a plaintiff must prove both (1) that the employer breached a collective bargaining agreement and (2) that the union breached its duty of fair representation vis-a-vis the union members.”

Joseph v. Spring Family Residence

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 … Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”).

Joseph v. Hollis Family Residence

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 … Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”).

Garcia v. Pancho Villa's of Huntington Village, Inc.

281 F.R.D. 100 · District Court, E.D. New York · Dec 15, 2011

To establish adequacy, plaintiffs must show that (1) the class representatives’ interests are not “antagonistic to the interest of other members of the class” and (2) that class counsel is “qualified, experienced and able … Although individual questions as to damages may exist, “common legal issues related to the members’ entitlement to overtime wages and the proper measure of such wages clearly predominate over these relatively simple, mechanical

Calix v. Pope

District Court, E.D. New York · Sep 28, 2022

[is] immune from suit based on the principle of sovereign immunity.” Cnty. of Suffolk v. Sebelius, 605 F.3d 135, 140 (2d Cir. 2010) (citation omitted). … This waiver of sovereign immunity, though, is subject to what is known as the discretionary-function exception, which states that the FTCA’s waiver of sovereign immunity does not apply to “any claim . . . based

United States ex rel. Flemings v. Chafee

330 F. Supp. 193 · District Court, E.D. New York · Jul 19, 1971

Of the twelve factors enumerated in the Supreme Court’s opinion in Relford, ten (2, 3, 4, 6, 7, 8, 9,10,11 and 12) clearly point away from courts-martial jurisdiction; only two — 1 and 5 — arguably support a finding of service … Recognizing that bench trials were not necessarily less fair than jury trials, De-Stefano denied retroactive application to the newly established right of jury trial in serious state criminal prosecutions. DeStefano v.

Joseph v. Conway

District Court, E.D. New York · Apr 26, 2023

The prosecution also stated that Foster was not granted immunity "until after he told [the prosecution] the truth." Id. at 39. … established Federal law," 28 U.S.C. § 2254(d)(1).

Lamb's Chapel v. Center Moriches Union Free School District

736 F. Supp. 1247 · District Court, E.D. New York · May 16, 1990

The statute and regulations clearly indicate the state’s intent to selectively limit access to the School District’s facilities. … Vincent, 454 U.S. 263 , 102 S.Ct. 269 , 70 L.Ed.2d 440 (1981), and the Establishment Clause.

Hunter v. St. Francis Hospital

281 F. Supp. 2d 534 · District Court, E.D. New York · Aug 20, 2003

While it is true that a defendant is not immune from a claim of retaliation merely by having taken action against an employee prior to a SDHR filing, in this case the record shows that Plaintiff was disciplined in a consistent … The record clearly shows that Plaintiffs performance did not warrant the conferral of these benefits. Accordingly, Plaintiffs retaliation claims are dismissed. D.

CDR Enterprises, Ltd. v. BD. OF ED. OF CITY OF NY

412 F. Supp. 1164 · District Court, E.D. New York · Mar 24, 1976

also contend that § 222 interferes with a comprehensive scheme enacted by Congress in the exercise of its exclusive power over immigration, that it violates the Supremacy Clause, the right to travel, and the privileges and immunities … state of New York who have been residents of such SMSA for twelve consecutive months prior to the commencement of their employment, said preference to continue until such time as the unemployment rate for such SMSA as so established

EC v. County of Suffolk

882 F. Supp. 2d 323 · District Court, E.D. New York · Mar 30, 2012

Clearly, then, failure to continue to restrain EC would have actually resulted in a breach of the District’s duties to him, other students and school personnel. … Plaintiffs’ Americans with Disabilities Act Claim Pursuant to 42 U.S.C. § 12132 (“ADA”), “no qualified ?

United States v. Orena

883 F. Supp. 849 · District Court, E.D. New York · Apr 26, 1995

The district court in Huss had found a witness in contempt for refusing to answer questions after being granted immunity. … Indeed, the Fanning affidavit clearly sets forth how both informant information and surveillance by law enforcement officers established that the Orenas, Cascio and Audino used a variety of automobiles during 1991.

Crotona 1967 Corp. v. Vidu Bros.

925 F. Supp. 2d 298 · District Court, E.D. New York · Feb 14, 2013

Therefore, plaintiff alleged sufficient facts to establish diversity jurisdiction. … The undisputed facts establish plaintiffs prima facie case for recovery under the promissory note.

Anania v. United States of America

District Court, E.D. New York · Aug 14, 2019

concerning whether an agency decision was arbitrary or capricious is ultimately narrow, and “[w]hen specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified … Federal Defendants’ motion to dismiss Counts I, II, and III be granted for lack of subject matter jurisdiction as there has been 7 no waiver of sovereign immunity

United States v. Deglomini

111 F. Supp. 2d 198 · District Court, E.D. New York · Jul 24, 2000

De-Con and Gleelan were qualified under Subchapter S of the Internal Revenue Code. … Sherwood, 38 F.R.D. 14, 18-19 (D.Conn.1964) (holding that Fed.R.Crim.P. 6(e) “is obviously intended to be exercised only for a reasonable and limited period, during which prompt government action can accomplish its clearly

Russo

District Court, E.D. New York · May 28, 2026

Second, defendant argues that “[p]laintiffs have not identified any qualifying impairments within the meaning of the ADA.” Mot. 8–9. … to establish that they had disabilities, and accordingly, they cannot have established that they were disabled.