Case law

Roe v. Levittown Public Schools Board of Education

District Court, E.D. New York · Jan 28, 2025

Facial plausibility is established by pleading factual content sufficient to allow a court to reasonably infer the defendant’s liability. Twombly, 550 U.S. at 556. … Since the Court finds that the claims fail on the merits, there is no need to consider Defendants’ argument with respect to qualified immunity. III.

Di Iorio v. The County Of Suffolk

District Court, E.D. New York · May 1, 2024

To bring a claim of disability discrimination under the ADA, plaintiff must establish that: (i) her employer is subject to the ADA; (ii) she is disabled within the meaning of the ADA; (iii) she was otherwise qualified … Court finds “Plaintiff has failed to meet [her] burden to establish the third element of a prima facie case of disability discrimination under the ADA, namely that [s]he was otherwise qualified to perform the essential

Leroy v. New York City Board of Elections

793 F. Supp. 2d 533 · District Court, E.D. New York · Jun 19, 2011

And, indeed, Riverar-Powell clearly noted that the plaintiffs representative attended and participated in a formal BOE “hearing.” 470 F.3d at 463 . … Addressing Leroy’s traditional equal protection claim first, she simply cannot establish intentional or purposeful discrimination on the part of BOE.

Packer ex rel. 1-800-flowers.com, Inc. v. Raging Capital Management, LLC

242 F. Supp. 3d 141 · District Court, E.D. New York · Mar 10, 2017

BROWN, United States Magistrate Judge: ' “The pre-trial deposition-discovery mechanism established by Rules 26 to 37 is one of the most significant innovations of the Federal Rules of Civil Procedure .... … Defendants clearly satisfy the first element of the RIA Exemption — that is, the Raging Capital defendants “fall into at least one of the ‘categories of specifically enumerated institutions or persons’ ” that may qualify

Paul v. Postgraduate Center for Mental Health

97 F. Supp. 3d 141 · District Court, E.D. New York · Mar 31, 2015

[B]ut [the supervisor] will have to add something [even though] there was clearly no problem with me. … “To establish a 'prima facie case of retaliation ...

Davids v. Novartis Pharmaceuticals Corp.

977 F. Supp. 2d 171 · District Court, E.D. New York · Oct 9, 2013

damages if the drug or device which caused the harm was approved by the FDA, “or is generally recognized as safe and effective pursuant to conditions established by the [FDA] and applicable regulations, including packaging … It is thus clearly implied that interest on the loss suffered by a plaintiff as a result of defendant’s tortious conduct is what was contemplated[.] ...

Etuk v. Blackman

748 F. Supp. 990 · District Court, E.D. New York · Sep 27, 1990

The INS Operating Instructions provide that temporary documents shall be issued “[w]hen such action is clearly warranted because of an emergency.” Operating Instruction 264.2. … For the reasons already stated, the temporary documents now offered by the INS do not qualify as adequate proof of lawful permanent status.

Landa v. American Prospect, Inc.

District Court, E.D. New York · Aug 16, 2023

Further, a court may also take judicial notice of a document filed in another court to establish that document’s filing. See In re Olympia Off. LLC, 585 B.R. 661, 667 (E.D.N.Y. 2018) (citing Liberty Mut. Ins. Co. v. … From the outset, the Article clearly represents its author’s point of view.

Yushuvayev v. United States

532 F. Supp. 2d 455 · District Court, E.D. New York · Jan 18, 2008

The Record Establishes That Mr. … Yushuvayev’s criminal proceeding clearly establishes that his claims for relief under Section 2255 are meritless, and that his petition shall therefore be dismissed without further proceedings.

Chitayat v. Vanderbilt Associates

702 F. Supp. 2d 69 · District Court, E.D. New York · Mar 22, 2010

Chitayat’s Consent Order qualifies as “an administrative or judicially approved settlement” under § 113(f)(3)(B) entitling Chitayat to seek contribution under CERCLA. 2. … In Cooper Industries, the Court observed that §§ 107 and 113(f) provide two “clearly distinct” remedies, with § 107 providing for a cost recovery remedy and § 113 providing for contribution. 543 U.S. § 163 n. 3.

Rubin v. Long Island Lighting Co.

576 F. Supp. 608 · District Court, E.D. New York · Jan 5, 1984

Without deciding the issue, we note that defendants’ statute of limitations argument clearly has merit. … That is not to say that both provisions impose liability under identical circumstances because under § 10(b) and Rule 10b-5 a showing of scienter is required while under § 11 scienter need not be established.

Securities & Exchange Commission v. Caserta

75 F. Supp. 2d 79 · District Court, E.D. New York · Dec 8, 1999

That Spectrum’s accounting treatment so clearly contradicted the economic impact of the three licensing transactions is sufficient to conclude that it violated GAAP. … Hughes, 31 F.3d 111 , 114 (9th Cir.1994) ("compliance with GAAP ... do[es] not immunize an accountant who consciously chooses not to disclose on a registration statement a known material fact”); Herzfeld v.

United States v. Tropiano

898 F. Supp. 90 · District Court, E.D. New York · Aug 1, 1995

The court of appeals affirmed, holding that although the arson would not qualify as “relevant conduct” under § 1B1.3, it was sufficiently similar to qualify under § 4A1.3. … The evidence, as already indicated, established that Tropiano used his drug customers to further his stolen car retagging business.

Staveley v. St. Charles Hospital

173 F.R.D. 49 · District Court, E.D. New York · Jun 5, 1997

Bodnar and the nurse; failure to provide competent and qualified nurses and physicians; failure to promulgate rules, regulations and procedures regarding the taking of medical histories and requiring patients complaining … In sustaining these claims, the court noted that although [a] hospital in a general sense is always furnishing medical care to patients, ... clearly not every act of negligence toward a patient would be medical malpractice

Donovan v. Bierwirth

538 F. Supp. 463 · District Court, E.D. New York · Dec 3, 1981

. § 1104 (a)(1)(B). 2 The Pension Plan is an employee benefit plan established and maintained by Grumman. … Clearly, the trustees spent the abundance of their combined waking hours searching for LTV’s Achille’s heel and otherwise opposing the tender offer.

Micciche v. Kemper National Services

560 F. Supp. 2d 204 · District Court, E.D. New York · Mar 24, 2008

We will not consider for review any medical information submitted that is already in the file and is not supportive of a Disability that began at the start of the policy’s Benefit Qualifying period. … Thus, plaintiffs claim accrued, and the three-year statute of limitations period began to run, when Kemper clearly and unequivocally denied her application. See Medoy v. Warnaco Employees’ Long Term Disability Ins.

Weisman v. Commissioner

103 F. Supp. 2d 621 · District Court, E.D. New York · Jun 30, 2000

When a statutory waiver of immunity exists, a plaintiff must strictly comply with the conditions to suit outlined by the statute or corresponding regulation. See Lane v. … The IRS did not investigate this logical, alternative explanation of why Weisman’s federal income tax withholding was so low, even though Weisman clearly and continuously accused his ex-employer of tax fraud and even though

United States v. Fatico

441 F. Supp. 1285 · District Court, E.D. New York · Dec 1, 1977

Morrissey did qualify the right to confront and cross-examine adverse witnesses; the right can be denied if the hearing officer specifically finds good cause for not allowing confrontation. … There are many peripheral, collateral, and general matters that may be established in an informal way.

McCahey v. L.P. Investors

593 F. Supp. 319 · District Court, E.D. New York · Sep 4, 1984

Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY. … Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY.

Newson v. The City of New York

District Court, E.D. New York · Aug 23, 2019

P. 12(d), the court may “take judicial notice” of “public records,” such as prior judicial proceedings, “to establish their existence and legal effect.” Fine v. … Plaintiff’s remaining § 1983 claims Plaintiff’s remaining § 1983 claims are a veritable grab-bag of alleged constitutional violations which are not clearly delineated.