Case law

Thorsen v. Sons of Norway

996 F. Supp. 2d 143 · District Court, E.D. New York · Feb 6, 2014

“Mere conclusory allegations, or charges based upon surmise, conjecture, and suspicion are insufficient to defeat the claim of qualified privilege.” Id. … Nevertheless, the New York Court of Appeals spoke clearly on the issue in Laufer , and the Court follows that court’s decision. .

Bravado International Group Merchandising Services, Inc. v. Ninna, Inc.

655 F. Supp. 2d 177 · District Court, E.D. New York · Aug 27, 2009

The court possesses significant discretion and may consider a number of factors in deciding whether or not to grant a default judgment, including “whether the grounds for default are clearly established” and “the amount of … These representations were not only false, but clearly establish the necessary element of customer confusion required to establish a right of relief under the Lanham Act.

National Asbestos Workers Medical Fund v. Philip Morris, Inc.

71 F. Supp. 2d 139 · District Court, E.D. New York · Nov 1, 1999

Included are orders that deny a motion for reduced bail, deny intervention, deny security for expenses and attorneys fees, deny a motion to dismiss based on a claim of absolute or qualified immunity, and deny a motion to … Fitzgerald, 457 U.S. 731, 742 , 102 S.Ct. 2690 , 73 L.Ed.2d 349 (1982) (absolute immunity); Mitchell v. Forsyth, 472 U.S. 511, 524-30 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (qualified immunity); Abney v.

Drake v. Laboratory Corp. of America Holdings

290 F. Supp. 2d 352 · District Court, E.D. New York · Nov 18, 2003

Grey, Making Congress Speak Clearly: Federal Preemption of State Tort Remedies, 77 B.U. L.Rev. 559 (1997). … To hold otherwise would mean that drug testers would invariably be immunized from any compensatory liability for their misbehavior since, as Brake v.

Tsirelman v. Daines

19 F. Supp. 3d 438 · District Court, E.D. New York · May 14, 2014

Court Officer Shield No. 207, 180 F.3d 409, 414 (2d Cir.1999) (“[a]n official arm of the state enjoys the same Eleventh Amendment immunity from suit in federal court as is enjoyed by the state itself’). … New York State has not waived its immunity with respect to physician disciplinary proceedings, nor has it consented to this action. B. Challenge to Preponderance Standard 1.

Cook v. City of New York

243 F. Supp. 3d 332 · District Court, E.D. New York · Mar 20, 2017

s services (ACS) was not reasonable in his belief that emergency circumstances justifying removal of children from their father’s apartment without court order were present, and thus [the] caseworker was not entitled to qualified … immunity from liability in children’s § 1983 action alleging that their seizure violated their Fourth Amendment rights”), aff'd, No. 14 CV 3780, 2016 WL 5375779 (2d Cir.

Gristede's Foods, Inc. v. Unkechauge Nation

532 F. Supp. 2d 439 · District Court, E.D. New York · Nov 28, 2007

These allegations are sufficient to establish plaintiffs standing to sue under sections 349 and 350. … The claims asserted here under sections 349 and 350 are clearly broader than common law fraud.

Friends of Falun Gong v. Pacific Cultural Enterprise, Inc.

288 F. Supp. 2d 273 · District Court, E.D. New York · Sep 24, 2003

Plaintiffs’ position is clearly distinguishable from CSI’s position with regard to references to the “church,” or the “Los Angeles-based church.” … Clearly, those articles were not the cause of Falun Gong’s exclusion.

Hassanein v. Avianca Airlines

872 F. Supp. 1183 · District Court, E.D. New York · Jan 10, 1995

It is axiomatic that to establish liability in a negligence case, a plaintiff must establish the following: (1) duty, (2) breach of duty, (3) the alleged breach of duty proximately caused injury, and (4) damages resulted. … An important qualifier to the doctrine is that a plaintiff rescuer must act reasonably “in light of the emergency confronting him.” Wagner, 232 N.Y. at 182 , 133 N.E. at 438 .

Barbu v. Life Insurance Co. of North America

35 F. Supp. 3d 274 · District Court, E.D. New York · Aug 7, 2014

Mendez is specially qualified to address plaintiffs ulcera-tive colitis. Dr. Fossier did not address it at all, and Dr. Mendez was dismissive of it because the condition “dates back to the 1980s.” (LINA 00451.) … At that point, it requires that plaintiff be incapable of performing "any occupation for which he ... is, or may reasonably become, qualified." *289 (LINA 01225.)

Gentile v. Touro Law Center

District Court, E.D. New York · Mar 20, 2023

Neither can the Court infer that Plaintiff was qualified for the VA Position without facts establishing what the relevant qualifications for the position were. … Any Amended Complaint shall be clearly labeled “Amended Complaint” and shall bear docket number 21-CV-01345 (JS)(ARL).

Bucalo v. Shelter Island Union Free School District

778 F. Supp. 2d 271 · District Court, E.D. New York · Apr 21, 2011

The burden of establishing a prima facie case of disparate treatment is not onerous. … Therefore, the application by the defense [for] judgment as a matter of law as to each of these two claims is denied. 3 Clearly, the Court was not indicating in its Rule 50(a) ruling that plaintiff had proven her prima facie

National Council of La Raza v. Gonzales

468 F. Supp. 2d 429 · District Court, E.D. New York · Jan 5, 2007

The Second Circuit has “not decide[d] as a matter of law whether enhanced risk generally qualifies as sufficient injury to confer standing,” Baur v. … The addition of the word "not” is clearly a ' typographical error in the context of three citations that found fear aloné not to constitute an injuiy-in-fact. 9 .

Calibuso v. Bank of America Corp.

893 F. Supp. 2d 374 · District Court, E.D. New York · Sep 27, 2012

This is clearly alleged throughout the third amended complaint. … In fact, the Dukes Court clearly stated that the Court may need to "probe behind the pleadings” when conducting a Rule 23 rigorous analysis. Dukes, 131 S.Ct. at 2551 .

Lieber

District Court, E.D. New York · Feb 2, 2026

Plaintiffs argue that the FTC requires companies to clearly and prominently qualify biodegradable claims “to avoid deception about: (1) the product’s or package’s ability to degrade in the environment where it … For items that are partially made of recycled material, the marketer should clearly and prominently qualify the claim to avoid deception about the amount or percentage, by weight, of recycled content.

Ruiz v. Bayshore - Brightwaters Rescue Ambulance, Inc.

District Court, E.D. New York · Mar 31, 2021

As a discrete episode, defendants conclude, the flagpole incident cannot possibly qualify as “pervasive.” (Id.) … An employee’s complaint may qualify as protected activity, satisfying the first element required to establish a prima facie case of retaliation, if the plaintiff has a good faith, reasonable belief that he was opposing

Securities & Exchange Commission v. NIR Group, LLC

283 F.R.D. 127 · District Court, E.D. New York · Aug 17, 2012

The party seeking to invoke a privilege carries the burden of establishing that the privilege has not been waived. Nikkal Indus., Ltd. v. … Documents of this nature are clearly protected by the privilege. Adlman, 134 F.3d at 1202 (“a document ... prepared because of the prospect of litigation warrants application of Rule 26(b)(3)”).

Ganthier v. Superintendent, Green Haven Correctional Facility

District Court, E.D. New York · Aug 26, 2025

established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1).7 The Supreme Court has stated that “clearly established federal law” for purposes of the statute “refers to … But these decisions conflicted with clearly established federal law.

Acosta v. Local 101, Transp. Workers Union of Am. Afl-Cio

339 F. Supp. 3d 80 · District Court, E.D. New York · Sep 10, 2018

The notice of nomination form stated clearly that all candidates must return the "enclosed form"-referring to the blank letter of acceptance-"by noon, February 22, 2017," and warned candidates not to mail the form back, as … If the Secretary establishes proof of a violation, the burden shifts "to the defendant to show that the established violation did not affect the election results." Chao v. Local 54, Hotel Emps. & Restaurant Emps.

United States v. Juvenile Male

269 F. Supp. 3d 29 · District Court, E.D. New York · Sep 7, 2017

Given the presumption that exists in favor of juvenile adjudication, the burden is on the government to establish by a preponderance of the evidence that transfer is warranted. … [and] clearly is one of the primary purposes of the juvenile delinquency provisions.” United States v. Nelson, 90 F.3d 636, 640 (2d Cir. 1996) (“Nelson II”) (citation omitted).