Case law

Pelosi v. Spota

607 F. Supp. 2d 366 · District Court, E.D. New York · Mar 10, 2009

Discussion To prevail on a claim under § 1983, a plaintiff must show: (1) the deprivation of any rights, privileges, or immunities secured by the Constitution and laws; (2) by a person acting under the color of state law. … “Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. James, 13 F.3d 515, 519 (2d Cir.1993).

Baptiste v. Alstom

District Court, E.D. New York · May 28, 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 show that he is a member of a protected class, was qualified for the position, and suffered an adverse

Calix v. United States

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

Castagnozzi v. Phoenix Beverages, Inc.

208 F. Supp. 3d 461 · District Court, E.D. New York · Sep 26, 2016

While this may establish that Curcio was aware that Plaintiff had injured his neck in the past, it does not establish that Curcio perceived Plaintiff as still having an impairment. … “[T]he claim fails unless the plaintiff establishes that ‘an effective accommodation exist[ed] that would render *477 her otherwise qualified.’ ” Jackan, 205 F.3d at 566 (quoting Borkowski, 63 F.3d at 139 ).

In Re MTC Electronic Technologies Shareholders Litigation

898 F. Supp. 974 · District Court, E.D. New York · Sep 7, 1995

In Section 10(b) cases, the Second Circuit has established two methods of properly pleading scienter: [t]he requisite “strong inference” of fraud may be established either (a) by alleging facts to show that defendants had … Because the securities fraud allegations in this case qualify as racketeering acts for the RICO claim notwithstanding the plaintiffs’ use of the fraud on the market theory, the motion to dismiss the claim is denied. 7 E.

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.

Mohsin v. Ebert

626 F. Supp. 2d 280 · District Court, E.D. New York · Jun 15, 2009

Mohsin’s argument also fails because he cannot establish prejudice. … established federal law.

Feit v. Leasco Data Processing Equipment Corporation

332 F. Supp. 544 · District Court, E.D. New York · Aug 26, 1971

It is for this reason that the SEC, through its rule making power, has consistently required “clearly understandable” prospectuses. The Wheat Report at 78. … This figure could have been included with the sort of qualifying statement in- *569 eluded in the January, 1969 prospectus.

Hollins v. United States Tennis Ass'n

469 F. Supp. 2d 67 · District Court, E.D. New York · Jul 10, 2006

See Erving, 349 F.Supp. at 713-15 (regular and continuous, albeit periodic, visits to New York to play basketball games qualify for “doing business” in New York); Chamberlain v. … “At the other end of the spectrum are cases in which the defendant clearly does business over the Internet....

Berkson v. Gogo LLC

97 F. Supp. 3d 359 · District Court, E.D. New York · Apr 9, 2015

As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court. … Delayed reimbursement of money borrowed from a credit-lender that may charge interest qualifies as an injury-in-fact. Cf. Ontario Forest Indus. Assoc. v.

Beickert v. New York City Department of Education

District Court, E.D. New York · Sep 25, 2023

Throughout her employment, Kushner was qualified for her position and observed the Jewish faith. Id. at ¶¶ 48, 51. … May 20, 2013) (holding that the plaintiff’s “aversion to immunization ... based on her conviction that vaccines pose a severe medical risk to her child's welfare” fails to qualify as “proper basis for a religious exemption

Green v. Lee

964 F. Supp. 2d 237 · District Court, E.D. New York · Aug 12, 2013

Washington, 466 U.S. 668 , 104 S.Ct.'2052, 80 L.Ed.2d 674 (1984), the seminal, case defining the contours of the right to effective assistance of counsel, qualified as “clearly established law” for purposes of the AEDPA. … Again, a state court “unreasonably applies” clearly established law when it identifies the correct legal principle from Supreme Court jurisprudence, but unreasonably applies the principle to the case before it.

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 ?

Hayes v. Kerik

414 F. Supp. 2d 193 · District Court, E.D. New York · Feb 8, 2006

To establish a prima facie claim of employment discrimination under Title VII a plaintiff must show (1) that he or she belonged to a protected class; (2) that he or she was otherwise qualified for the position; (3) that he … Clearly, any conduct which occurred prior to that time cannot be said to be causally related to a protected activity.

Alberti v. County of Nassau

393 F. Supp. 2d 151 · District Court, E.D. New York · Sep 30, 2005

The Plaintiffs’ attempts to paint her job as merely clerical or “technical” are thus clearly at odds with these holdings. … As the First Circuit has explained, “an employee is not immune from political firing merely because the employee stands apart from ‘partisan’ politics, or is not the ultimate decisionmaker in [an] agency,....

Giaguaro S.P.A. v. Amiglio

257 F. Supp. 2d 529 · District Court, E.D. New York · Apr 22, 2003

Notably, had Giaguaro and Con-serviera shipped the tomatoes directly from Italy to Amko, the transaction would not have qualified for the European Community subsidy. (2) At some point, the Italian government terminated the … New York’s interests clearly outweigh any general interest Canada may have in this case, as Canada is involved only to the extent that another company was established there as a conduit for the alleged fraud.

In Re Comverse Technology, Inc. Securities Litigation

543 F. Supp. 2d 134 · District Court, E.D. New York · Feb 20, 2008

The plans also provided for the granting of "non-qualified options,” which could be in-the-money on the date of grant. (Id. at ¶ 35.) However, Comverse represented that it never granted any non-qualified options. Id. … The Compensation Committee, however, could clearly grant incentive stock options with an exercise price above fair market value. 9 .

Barnable v. First Fortis Life Insurance

44 F. Supp. 2d 196 · District Court, E.D. New York · Mar 26, 1999

[s]uch [surgical, medical, or dental] service or confinement is qualified for benefits under This Plan’ .... does not approach the ‘typical plan provisions’ on the basis of which appellate courts have exercised review under … This statement clearly establishes that the decision to provide nursing care would be made by the defendant in the exercise of its judgment.

Warshun v. New York Community Bancorp, Inc.

957 F. Supp. 2d 259 · District Court, E.D. New York · Aug 1, 2013

Seiler Corp., 66 F.3d 1295, 1317 (2d Cir.1995)) clearly supports the rejection of personal liability under the ADA as well.”); see also Corr v. MTA Long Island Bus, 27 F.Supp.2d 359, 369-70 (E.D.N.Y. 1998); Lane v. … Furthermore, even if the Islandia Branch qualified as the Individual Defendants’ actual place of business, the Court finds that there is no indication whatsoever that the summons and complaint were delivered to them at their

Ortiz v. Hempstead Union Free School District

District Court, E.D. New York · Mar 1, 2021

As Plaintiff was not qualified for the position he held, Judge Shields concluded that he cannot establish a prima facie case of discrimination. … Under McDonnell Douglas and its progeny, a plaintiff must first establish a prima facie case of discrimination by showing that: (1) he belonged to a protected class, (2) was qualified for the position he held or sought