Case law

Murph v. United States

12 F. Supp. 3d 557 · District Court, E.D. New York · Apr 17, 2014

establish prejudice as required by Strickland . … establish prejudice as required by Strickland .

Daytree at Cortland Square, Inc. v. Walsh

District Court, E.D. New York · Jul 28, 2021

Under New York law, immunity from liability for defamation is afforded to “an official [who] is … entrusted by law with administrative or executive policy- making responsibilities of considerable dimension’ … with respect … establishing that any of the Town defendants formed an agreement with Michael Torres to inflict an unconstitutional injury.

United States v. Meza

372 F. Supp. 3d 48 · District Court, E.D. New York · Apr 11, 2019

To demonstrate prejudice, a removable person must establish that, "absent the procedural errors, he would not have been removed." Fernandez-Antonia , 278 F.3d at 159 . … Notably the new rule announced by the BIA in Diaz-Lizarraga does not apply the categorical approach as it looks at the circumstances underlying the taking of property to determine whether it qualifies as a CIMT.

In Re" Agent Orange" Product Liability Lit.

304 F. Supp. 2d 404 · District Court, E.D. New York · Feb 9, 2004

Under the government program, both plaintiff veterans might qualify for a veteran's disability benefit regardless of when these diseases first appeared. Id. … It thus threw its cloak of contractors defense immunity over Agent Orange producers even though it and they knew of the dioxin in Agent Orange.

Davis v. de Blasio

District Court, E.D. New York · Oct 4, 2021

it is satisfied that 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 … 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

Deering Milliken Research Corp. v. Leesona Corp.

201 F. Supp. 776 · District Court, E.D. New York · Jan 9, 1962

The evidence is thought to establish that the raw nylon as delivered by the producer is almost an inert thing. A given filament resembles in appearance a fine string or cord, gray in color and limp rather than rigid. … Again, the extent to which defendant should be held to have received only a qualified or limited title to the 229 patent and the process application, would have to receive more careful consideration than is presently deemed

MMS Trading Company Pty Ltd. v. Hutton Toys, LLC

District Court, E.D. New York · Mar 29, 2021

With respect to originality, Plaintiff argues that SHAPE Mags lack the requisite originality to qualify for copyright protection because “Defendant is not the original creator of magnetic tile toys” and did not “independently … In addition, “[t]o qualify for copyright protection, a work must be original to the author.

Schwab v. Philip Morris USA, Inc.

449 F. Supp. 2d 992 · District Court, E.D. New York · Sep 25, 2006

Although clearly unrelated injuries — such as those caused predominately by trauma — would not be compensated, all other cases of total disability or death would qualify for individual awards. Id. at 1412. … In fact, the testimony and evidence clearly establish that Marlboro Lights and Cambridge Lights were specifically designed in such a way as to reduce the machine-measured tar and nicotine delivery while at the same time allowing

Ecolab Inc. v. Paolo

753 F. Supp. 1100 · District Court, E.D. New York · Jan 3, 1991

Thus, the threat of customer loss has been convincingly established. … Furthermore, even if plaintiff had not established a likelihood of success, it has clearly established sufficiently serious questions going to the merits of its claims to make *1115 them a fair ground for litigation, and

United States v. Sabhnani

529 F. Supp. 2d 377 · District Court, E.D. New York · Dec 27, 2007

Namely, that the Defendant must establish, by clear and convincing evidence that she is “not likely to flee” from the United States if released pending sentencing. … “The test under § 3145(c) is necessarily a flexible one, and district courts have wide latitude to determine whether a particular set of circumstances qualifies as ‘exceptional.’ ” Id.

Donohue v. Mangano

886 F. Supp. 2d 126 · District Court, E.D. New York · Aug 20, 2012

This conclusion was clearly correct. … This clearly buttresses the Court’s finding that LL 315-12 is not necessary, as other options may be available.

Claudio v. Mattituck-Cutchogue Union Free School District

955 F. Supp. 2d 118 · District Court, E.D. New York · Jul 24, 2013

To establish a prima facie case of age discrimination under the ADEA or gender discrimination under Title VII, a plaintiff must demonstrate the following: (1) she was within the protected class; (2) she was qualified for … Under the McDonnell Douglas framework, to establish a prima facie case of age discrimination, a plaintiff must present evidence demonstrating that “(1) [he] was within the protected class; (2) [he] was qualified for the position

Loyd v. Services for the UnderServed Inc.

District Court, E.D. New York · Oct 21, 2020

pauperis action when 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 … Plaintiff’s claim clearly fails as she does not have an employment relationship with defendants.

Scott v. Kallimi

District Court, E.D. New York · Aug 14, 2025

Court must dismiss the action if the Court determines that 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 … There is no subject matter jurisdiction if “the purported federal claim is clearly ‘immaterial and made solely for the purpose of obtaining jurisdiction’ or is ‘wholly insubstantial and frivolous.’” S.

Nicholson v. Williams

203 F. Supp. 2d 153 · District Court, E.D. New York · Mar 18, 2002

The issue of qualified immunity which often accompanies Section 1983 claims is not pertinent. It is general City and State policy that is central to the case. C. Constitutional Issues 1. … The balance of equities clearly and convincingly favor the plaintiffs. Complying with the injunction will clearly and convincingly not unduly burden defendants or any other interested private or public agency.

Villanti v. Cold Spring Harbor Central School District

733 F. Supp. 2d 371 · District Court, E.D. New York · Aug 20, 2010

Here, the plaintiff advances in her complaint and opposition papers only the theory that that she had a qualifying impairment. … She does not assert that there was a record of her having such an impairment or that she was regarded as having a qualifying impairment.

Carvant Financial LLC v. Autoguard Advantage Corp.

958 F. Supp. 2d 390 · District Court, E.D. New York · Aug 5, 2013

Even assuming Carvant qualifies as a third-party beneficiary, it is not clear that Carvant, in enforcing its rights as *396 such, is bound by the arbitration provision of the Service Contracts. … Surely, plaintiffs cannot claim that [defendant] is a party to the first contract to enforce it against [defendant] in this action and be heard to deny that it is such a party for purposes of avoiding arbitration of claims clearly

Bautz v. ARS National Services, Inc.

226 F. Supp. 3d 131 · District Court, E.D. New York · Dec 23, 2016

As a threshold matter, the Second Circuit held that it did “not understand Spok-eo categorically to have precluded violations of statutorily mandated procedures from qualifying as concrete injuries supporting standing.” … Insofar as Chad also determined that intangible harms are insufficient to establish Article III injury-in-fact, such a finding is clearly contrary to Spokeo, which re-affirmed its precedents Akins and Public Citizens holding

Disability Advocates, Inc. v. Paterson

653 F. Supp. 2d 184 · District Court, E.D. New York · Sep 8, 2009

To establish a violation of Title II of the ADA, a plaintiff must prove that (1) he or she is a “qualified individual” with a disability; (2) that the defendants are subject to the ADA; and (3) that he or she was denied the … DAI has established that virtually all its constituents are qualified to move to supported housing and are not opposed to receiving services in more integrated settings. A.

Jackson v. Foley

156 F.R.D. 538 · District Court, E.D. New York · Jul 7, 1994

Two basic guidelines have emerged: 1) there should be no conflict between the interests of the class and the named plaintiff nor should there be collusion among the litigants; and 2) the party’s attorney must be qualified … The circumstances of this lawsuit clearly support the claim that without class certification “relating back” to the filing of the complaint, the issue of the defendants’ administration of the REFA program would evade review