Case law

Walker v. AMR Services Corp.

971 F. Supp. 110 · District Court, E.D. New York · Jul 31, 1997

be all over you,” “Good things can happen to you at AMR” or “the both of us could make a good couple,” if true, sufficiently altered the conditions of plaintiffs employment and may be considered by a reasonable jury to qualify … However, the Second Circuit has clearly recognized the relevance of timing in evaluating the causal element of a retaliation claim. In Tomka , the court held that “the timing of ...

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.

Morris v. Local 819, International Brotherhood of Teamsters

954 F. Supp. 573 · District Court, E.D. New York · Feb 14, 1997

In the Court’s view, the plaintiff has failed to establish that Local 819 breached its duty of fair representation. … Clearly, arbitration was not warranted on this issue.

In Re Apponline. Com, Inc.

321 B.R. 614 · District Court, E.D. New York · Jul 23, 2003

RMST and Matrix must each establish all of these requirements in order to qualify as holders in due course and be entitled to the sale proceeds from the Amarante and Ciceron Notes. B. … The facts are neither in dispute nor clearly erroneous. [2] This amount is for the Ciceron Note.

Resolution Trust Corp. v. Gregor

872 F. Supp. 1140 · District Court, E.D. New York · Dec 1, 1994

Isham, 777 F.Supp. 828, 830 (D.Colo.1991) (“the section establishes a national minimum standard of director liability but ... the states are free to impose increased liability”); FDIC v. … The section states, simply and clearly, that it preserves "other applicable law.”

Cabrera v. Fischler

814 F. Supp. 269 · District Court, E.D. New York · Feb 17, 1993

An examination of the special verdict sheet clearly indicates that the jury found Luck-ett’s substantive constitutional rights to have been violated by Breitman’s agent. … Did the plaintiffs establish that the defendant EMANUEL [sic] FISCHLER, doing business as AM REALTY CO. acted as an “agent” for the defendant BENJAMIN BREITMAN, as the Court has explained that concept to you, with regard

Hasemann v. Gerber Products Co.

District Court, E.D. New York · Mar 25, 2024

not to challenge the use of qualified claims. … “reduces allergy risk” claim; a more specific claim that the formula “might reduce the risk of developing atopic dermatitis”; decoy health claims (e.g., “to help build baby’s natural immune

Houston v. Teamsters Local 210

27 F. Supp. 3d 346 · District Court, E.D. New York · Jun 24, 2014

Plaintiffs were terminated approximately three months before their employer ceased operations, and argue that this qualifies them for severance pay because three months is “within” one year of the closing. … Rather, the insurer must demonstrate that the SPD is part of the Plan, for example, by the SPD clearly stating on its face that it is part of the Plan.”).

United States v. Bronx Reptiles, Inc.

949 F. Supp. 1004 · District Court, E.D. New York · Dec 17, 1996

He was qualified as an expert in the care, management, and transport of live reptiles and amphibians. Specifically, Mr. … As provided in this section, “knowingly” is clearly an element of the offense.

In re Cablevision Consumer Litigation

864 F. Supp. 2d 258 · District Court, E.D. New York · Mar 28, 2012

Subject to applicable law, credit will be given for qualifying outages. … Scotti, for example, the court dismissed the plaintiffs’ Section 349 claims without clearly determining that Rule 9 applied.

Chisolm-Mitchell v. Advantage Care Physician

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

Second, the conduct complained of “must have deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.” Id. … While the narrative in the Amended Complaint is not entirely clear and contains a number of gaps, it clearly alleges that Chisolm-Mitchell was arrested and seemingly solely because of her race.

Mohammed v. Reno

205 F. Supp. 2d 39 · District Court, E.D. New York · May 17, 2002

Domond’s conclusion that aliens like Domond and Mohammed never had a right to a waiver of deportation to begin with, and thus the “loss of the Section 212(c) hearings, while clearly a hardship, does not impose á new legal … However, it is also true that such a rule, and in particular the rule apparently established by the combination of St. Cyr and Domond , is fraught with the potential for producing unfair and anomalous results.

Occhione v. Capra

113 F. Supp. 3d 611 · District Court, E.D. New York · Jun 24, 2015

“Clearly established federal law refers to the holdings, as opposed to the dicta, of the Supreme Court’s decisions as of the time of the relevant state-court decision.” Ho ward v. … “[A] federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.

Sgambati v. The City of New York

District Court, E.D. New York · Jul 7, 2025

. § 1983.1 Youssef has moved for summary judgment, arguing that there was no constitutional violation or, alternatively, that he is protected by qualified immunity. … Thus, once an officer establishes probable cause, they are not to act as the final judge of the veracity of the evidence; rather, “[t]heir function is to apprehend those suspected of wrongdoing, and not to finally determine

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.

Oxman v. Downs

999 F. Supp. 2d 404 · District Court, E.D. New York · Feb 14, 2014

This is “because ‘the record was available to and clearly known of by all parties to this action.” Dellate, 2010 WL 3924863 , at *5 (quoting Bennett v. … established law and the information the ... officers possessed.”).

Bumpus v. Warden, Clinton Correctional Facility

702 F. Supp. 2d 155 · District Court, E.D. New York · Apr 6, 2010

[or] immunity from judicial error....’ … The Court finds that the Appellate Division’s rejection of them was not contrary to clearly established federal law as determined by the Supreme Court.

Soto v. Conway

565 F. Supp. 2d 429 · District Court, E.D. New York · Jul 15, 2008

Only if this Court finds that merits-based determination to be “contrary to, or involve[] an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” 28 U.S.C … . § 2254 (d), will petitioner be able to establish cause for the default of his sufficiency claim.

Hirsch v. Kairey

District Court, E.D. New York · Aug 1, 2023

Still, a pro se plaintiff must “comply with the relevant rules of procedural and substantive law, including establishing that the court has subject matter jurisdiction over the action … “The party invoking federal jurisdiction bears the burden of establishing that jurisdiction exists.” Conyers v. Rossides, 558 F.3d 137, 143 (2d Cir. 2009).

In Re Holocaust Victim Assets Litigation

731 F. Supp. 2d 279 · District Court, E.D. New York · Jun 16, 2010

Bradfield, who is now General Counsel of the Federal Deposit Insurance Corporation (FDIC), has advised: It would be clearly inconsistent with the Settlement Agreement not to utilize the important information that has been … Junz had not established that, in fact, Deposited Assets Class claims generally have been underpaid.