Case law

Allen v. Advanced Call Center Technologies, LLC

District Court, E.D. New York · Sep 30, 2019

This argument is also untenable, as the language in ACT’s letters closely tracks Avila and therefore qualifies for safe harbor treatment. See Timoshenko v. … Mar. 30, 2018) (rejecting the argument that a letter did not qualify for safe harbor treatment because it stated that amount of debt “may” increase, rather than “will” increase).

In Re Nassau County Strip Search Cases

742 F. Supp. 2d 304 · District Court, E.D. New York · Sep 22, 2010

strip search, and $1,000 if they were subjected to two or more qualifying strip searches.” … Wexler of the Eastern District of New York held that Nassau County’s blanket policy of strip searching *307 all newly admitted misdemeanor and noncriminal charged detainees at the NCCC violated clearly established Fourth

Jimenez v. City of New York

District Court, E.D. New York · Aug 13, 2021

Having decided that it was, and finding no indication that amendment would 5 As a result, the Court need not address defendant’s qualified immunity argument, though had it, the result would surely be unchanged. … Supp. 2d at 406 (where officer’s “single shove” of plaintiff was not excessive, “the officer or officers who pushed [plaintiff] would at a minimum be cloaked with qualified immunity”).

Turano v. Board of Education of Island Trees Union Free School District No. 26

434 F. Supp. 1063 · District Court, E.D. New York · Jul 15, 1977

Defendant Board of Education of Union Free School District No. 26 is a municipal body established under the Education Law of the State of New York to administer the schools within that School District. 3. … Plaintiff’s position here is clearly inconsistent with the position he took before the Commission to gain reinstatement, unless we were to assume that plaintiff is arguing that his heritage was the fact that was damaging

Isaacson v. Dow Chemical Co.

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.

Khan v. New York City

District Court, E.D. New York · Nov 18, 2024

the case law in this Circuit clearly establishes that the Lederman doctrine applies to both former and current high-ranking officials. … “If the immunity Morgan affords is to have any meaning, the protections must continue upon the official’s departure from public service.” Wal-Mart Stores, 2002 WL 562301, at *3; see also United States v.

Jeffery v. The City of New York

District Court, E.D. New York · Jan 24, 2022

on qualified immunity grounds and for failure to allege his per- sonal involvement in executing the curfew. (See id. at 19-22.) A. … immunity (City’s Mot. at 19-22.)

Googe v. United States

101 F. Supp. 830 · District Court, E.D. New York · Dec 28, 1951

Houck, a qualified physician who has specialized in neuropsychiatry and who did not see this plaintiff until long after January 4, 1948, and Dr. J. … The argument for the plaintiff is that he was clearly deranged mentally and should have at once been transferred to an institution for mental cases.

United States v. Rubin

558 F. Supp. 2d 411 · District Court, E.D. New York · Jun 11, 2008

this district has held that the clear due process concerns implicated by such a statute are resolved by including in the category of victims “any person who would be considered a ‘crime victim’ if the government were to establish … The MVRA requires the consultation of victims, but clearly only for gathering the necessary information, not for the solicitation of creative input.

Jin Zhao v. State University of New York

472 F. Supp. 2d 289 · District Court, E.D. New York · Jan 9, 2007

Zhao has failed to establish a prima facie case. … There are clearly material issues of disputed fact relating to whether the Research Foundation created an appearance that Dr.

Quinio v. Aala

344 F. Supp. 3d 464 · District Court, E.D. New York · Sep 25, 2018

Evid. 701(a), or "helpful to clearly understanding the witness's testimony or to determining a fact in issue," Fed. R. Evid. 701(b). … Although the signed writings need not contain all of the essential terms of the contract, they must clearly establish a contractual relationship between the parties, and refer to the same transaction as the unsigned writings

Wilson v. Lenox Hill Hospital/Northwell Health

District Court, E.D. New York · Dec 11, 2019

the Court must dismiss an in forma 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 … To establish a prima facie case of discrimination under Title VII and the ADEA, the plaintiff must show that she is a member of a protected class, she was qualified for the position she held, and she suffered an adverse

Hicks v. Senkowski

799 F. Supp. 1364 · District Court, E.D. New York · Aug 14, 1992

The Court also noted that the evidence in the record was compelling, undoubtedly sufficient to establish guilt beyond a reasonable doubt. … During the proceedings, it was established that this individual's name was Erroll Austen. (TT at 202; Petitioner’s Memorandum at 5, n. 3; Respondent’s Memorandum at 9, n. 5). .

Horsham v. Fresh Direct

136 F. Supp. 3d 253 · District Court, E.D. New York · Sep 28, 2015

Nor does Defendant contest that Plaintiff was qualified to perform the essential functions of the job. … Were state law to erect such a bar, it would clearly run afoul of the Supremacy Clause of the U.S. Const. Art. VI, cl. 2.” (internal citations omitted)); Scalera v.

Hugee v. Kimso Apartments, LLC

852 F. Supp. 2d 281 · District Court, E.D. New York · Apr 3, 2012

The attorney should “establish his hourly rate with ‘satisfactory evidence — in addition to the attorney’s own affidavits.’ ” Chambless v. … Clearly, Hanski’s preparation for this hearing related to all three plaintiffs’ cases, and his time should be allocated accordingly.

Rustici v. Philips

497 F. Supp. 2d 452 · District Court, E.D. New York · Aug 3, 2007

Judge Belfi’s resolution of the motion without a hearing was proper under New York State law, and did not did not violate clearly established Supreme Court precedent or Federal law. … established law.”). 2.

Hankerson v. 61 pct.

District Court, E.D. New York · Apr 15, 2025

Kerner, 404 U.S. 519, 520 (1972), the Complaint clearly does not comply with Rule 8(a). As such, the Complaint must be dismissed. … Gonzales, 545 U.S. 748, 760, 765 (2005) (noting the “well established tradition of police discretion” and that “serving of public rather than private ends is the normal course of the criminal law.”).

Pinkard v. County of Suffolk

District Court, E.D. New York · May 21, 2025

Notably, Plaintiff never even asserts that her affidavit, her deposition testimony, Martinez’s deposition testimony, or any other exhibits in the record actually establish that she qualified as a covered employee … Plaintiff’s FMLA Interference Claim Also Fails Because Plaintiff Has Not Established Prejudice Even assuming arguendo that Plaintiff did qualify as an employee under

Mowatt v. County of Nassau

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

Pauperis Applications Upon review of Plaintiff’s declarations in support of his applications to proceed in forma pauperis, the Court finds that Plaintiff is qualified … dismiss an in forma pauperis complaint if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune

Nester's Map & Guide Corp. v. Hagstrom Map Co.

796 F. Supp. 729 · District Court, E.D. New York · Jun 30, 1992

The court holds that Nesterman used sufficient creativity in implementing a plan to locate addresses along major streets to qualify this section of Nester’s guide as copyrightable. … Hagstrom presented evidence clearly indicating its own methods for developing information.