Case law

Apollo Fuel Oil v. United States

73 F. Supp. 2d 254 · District Court, E.D. New York · Apr 1, 1999

To qualify as tax-exempt dyed fuel for resale purposes, fuel must be dyed to a concentration of 11.2 milligrams per liter. … Even if Kahn were applicable outside the RICO context, 9 this case is clearly distinguishable.

Price v. Borgia

District Court, E.D. New York · Jan 14, 2020

Detective Seward argues in the alternative that the complaint must be dismissed because he is shielded by qualified immunity. (Ud, at 5-6.) … “It is insufficient to allege that there were errors in the affidavit, as ‘misstatements or omissions caused by negligence or innocent mistakes’ do not establish falsity or reckless disregard.” Jd.

Kinard v. Town of Greenwich Connecticut

District Court, E.D. New York · Jan 27, 2023

Qualified Immunity “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not … violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law.”

P.C. ex rel. K.C. v. Oceanside Union Free School District

818 F. Supp. 2d 516 · District Court, E.D. New York · May 24, 2011

For one thing, that would render redundant one of the statutes; for another, the requirements for establishing emotional disturbance under the IDEA are distinct from those to establish Section 504 coverage. See N.Y. … Petrosky did not know whether the family leader or K.C.’s sponsor were qualified to offer individual therapy. Id., p. 141 citing Tr. 2277. The IHO then found that Dr.

Xie v. New York City Department of Education

District Court, E.D. New York · Oct 17, 2019

sua sponte an in forma pauperis action if the court determines it “(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 … complaint must (1) identify the protected class to which she belongs, if any, (2) state any circumstances that she believes give rise to an inference of discrimination, and (3) state any complaints that she made that might qualify

HC Schmieding Produce Co., Inc. v. Alfa Quality Produce, Inc.

597 F. Supp. 2d 313 · District Court, E.D. New York · Jan 15, 2009

In addition to certain notice requirements placed on sellers, PACA regulations provide for a “maximum time for payment for a shipment to which a seller, supplier, or agent can agree and still qualify for coverage under the … It is well-established at common law that an insolvent corporation in any industry, not just the produce business, holds its assets in trust for its creditors.

Mhany Management Inc. v. County of Nassau

843 F. Supp. 2d 287 · District Court, E.D. New York · Feb 15, 2012

The Garden City Defendants do not dispute that Marcuse as an academic expert is qualified to render opinions on the subject at issue. … (“The text and structure of the FHA clearly evince Congress’ intent that section 3608(e)(5) not confer an enforceable, individual right....

United States v. Brennan

526 F. Supp. 2d 378 · District Court, E.D. New York · Dec 19, 2007

In 1994, Congress passed the Violent Crime Control and Law Enforcement Act of 1994, which established mandatory restitution for certain sexual abuse crimes. … Although we doubt, without deciding, that proceeds recovered from administrative forfeiture proceedings qualify as “compensatory damages” under the restitution statutes, we nonetheless conclude the bar against double recovery

United States v. Dupree

833 F. Supp. 2d 255 · District Court, E.D. New York · Nov 23, 2011

“It is a clearly established principle of Supreme Court jurisprudence that the Confrontation Clause requires that a criminal defendant be afforded a meaningful opportunity to cross-examine witnesses against him in order to … Finn will be testifying pursuant to a subpoena — not a non-prosecution agreement or any form of immunity from the government — and that she may still be charged for her involvement in the alleged conspiracy.

Barbara v. United States

District Court, E.D. New York · Sep 23, 2020

negligent, careless, and reckless in contracting with, screening, hiring, training, and retaining All Metro, because the company and its employees, including Herold, were neither qualified … Dender Declaration notwithstanding, Plaintiff does not explain why he did not file a certificate of merit following Dender’s 2018 departure from the law firm; (2) Plaintiff cannot establish

Siotkas v. LabOne, Inc.

594 F. Supp. 2d 259 · District Court, E.D. New York · Jan 6, 2009

The FAA regulations incorporate by reference the drug testing procedures established by the Department of Transportation (“DOT”). Id. § l.B. The protocols established by the DOT are codified at 49 C.F.R. pt. 40. … In other words, “to qualify as a prohibited act under the statute, the deception of a consumer must occur in New York.” Id. at 325 , 746 N.Y.S.2d at 864 , 774 N.E.2d at 1195 .

Reed v. 1-800-Flowers.com, Inc.

327 F. Supp. 3d 539 · District Court, E.D. New York · Aug 24, 2018

While "[n]o fixed formula has been established" with respect to its application, Nat'l Communs. Ass'n v. … The Court need only consider the appropriate remedy in the event that the Plaintiff establishes that a violation of Title III occurred.

Choi v. SD Tools, Inc

District Court, E.D. New York · Dec 5, 2024

The defendants’ motion is predicated on the assertion that Choi clearly qualifies, on the evidentiary record submitted, for the “outside salesperson” exemption. Defs. … In the end, the record does not clearly establish Shin’s duties throughout the length of his tenure.

Lama v. Malik

192 F. Supp. 3d 313 · District Court, E.D. New York · Jun 21, 2016

“To qualify for equitable tolling, the plaintiff must establish that extraordinary circumstances prevented [her] from filing [her] claim-on time, and that [s]he acted with reasonable diligence throughout the period [s]he … Id., at 408 (“[i]t also bears noting that the legislative history of Section 804 does not clearly indicate that Congress intended that Section 804 apply retroactively to revive expired securities fraud claims.”).

Long Island Housing Services, Inc. v. NPS Holiday Square LLC

District Court, E.D. New York · Sep 9, 2021

See Salve Report ¶¶ 23-24; id. at 21 (listing “Information Considered”); see also McArdle Rebuttal Report ¶¶ 7-8 (noting that both sources “clearly analyze disparate treatment discrimination, not disparate impact discrimination … Rollins is qualified to testify within the scope of his proffered opinion.

Singh v. North American Airlines

426 F. Supp. 2d 38 · District Court, E.D. New York · Mar 31, 2006

Article 17 addresses liability for injury to passengers, Article 18 provides for liability for damage to luggage, and Article 19 establishes liability in cases of delay. … However, this case does not clearly resolve the issue here since the injury-causing event there, the allegedly discriminatory bumping, occurred at the same time as the injury it caused, i.e., the bumping itself.

United States v. Ten Cartons, Ener-B Nasal Gel

888 F. Supp. 381 · District Court, E.D. New York · Mar 24, 1995

The Aminoplex Notice very clearly indicates that the FDA considered Aminoplex not to be a “food” because of its route of administration. See 52 Fed.Reg. 25072 (July 2, 1987). … The evidence at the hearing, however amply established that well-qualified and credible doctors and scientists are of the opinion that the medical and scientific definition of the term “food for ... humans” is consistent

Eustade v. Eustade

District Court, E.D. New York · Feb 17, 2023

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 is based on an indisputably meritless legal theory … Tang, 290 F.3d 132, 137 (2d Cir. 2002) (“Federal question jurisdiction exists where a well-pleaded complaint establishes either that federal law creates the cause of action or that plaintiff’s right to relief necessarily

Ayzelman v. Statewide Credit Services Corp.

238 F.R.D. 358 · District Court, E.D. New York · Nov 21, 2006

Adequacy of Representation In order to satisfy Rule 23(a)(4), there must be a showing that class counsel is “ ‘qualified, experienced and generally able’ to conduct the litigation,” Halford v. … Risks of Class Prevailing: Establishing Liability and Damages and Maintaining the Class Action Through Trial The risk of establishing liability also favors settling this dispute.

Haimdas v. Haimdas

720 F. Supp. 2d 183 · District Court, E.D. New York · Jul 2, 2010

Respondent has not claimed or established that such an order would be “clearly inappropriate.” … would be “clearly inappropriate.”