Case law

United States v. Palaguachi

187 F. Supp. 3d 356 · District Court, E.D. New York · May 17, 2016

The Kinds of Sentence and the Sentencing Range Established For Defendant’s Offenses The fourth § 3553(a) factor requires the Court to detail “the kinds of sentence and the sentencing range established for the applicable category … underlying offense is a crime against a child which would not necessarily fall under the umbrella of a forcible sex offense as proposed (especially when courts are compelled to use the categorical approach) but which were clearly

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.

De La Peña v. Metropolitan Life Insurance

953 F. Supp. 2d 393 · District Court, E.D. New York · Jul 11, 2013

With regard to the complained of actions and lack of action, the Plaintiff alleges that he was qualified to work at all times during his period of employment and was not fired due to any work inefficiency. … The August 2008 statement is clearly untimely as it occurred before September 20, 2008 and are thus older than 300 days.

Iglesias v. Hunter

District Court, E.D. New York · Jan 11, 2021

dismiss an in forma pauperis action where 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 … While this is certainly cause for concern, Iglesias’s fiancée is not a party to this action and Iglesias pleads no facts establishing how this encouragement injured him, as opposed to his fiancée, as is required to bring

Simmons v. Uhler

District Court, E.D. New York · Jul 30, 2021

Antiterrorism and Death Penalty Act of 1996 (“AEDPA”), the claim cannot be the basis of relief “unless the adjudication of the claim—(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … It is doubtful this request qualifies as a live claim or controversy because the Appellate Division ruled favorably on the request and because petitioner was released in 2017.

Lorenzo v. St. Luke's-Roosevelt Hospital Center

837 F. Supp. 2d 53 · District Court, E.D. New York · Sep 8, 2011

First, the plaintiffs must establish a prima facie case of discrimination or retaliation. … These are clearly accounting and bookkeeping responsibilities, rather than secretarial work.

United States v. Turner

624 F. Supp. 2d 206 · District Court, E.D. New York · May 4, 2009

“Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the conclusion that … Turner established a trading account in November 2000 at R.J.

Riley v. OMH Commissioner of New York State Office of Mental Health

District Court, E.D. New York · Sep 16, 2025

Such an unreasonable application of clearly established federal law “must be objectively unreasonable, [and] not merely wrong.” Alvarez v. … Judge Mangano’s 2023 Retention Order was not contrary to, or an unreasonable application of clearly established federal law.

Botta v. Barnhart

475 F. Supp. 2d 174 · District Court, E.D. New York · Feb 13, 2007

On February 19, 2004, the ALJ issued a written decision stating his conclusion that, based upon the evidence at the hearing, the plaintiff did not qualify for disability insurance benefits. (Tr. 18-23.) … A finding is clearly erroneous if “the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. U.S.

Porter v. Half Hollow Hills Central School District

District Court, E.D. New York · Sep 26, 2019

Her statement also clearly stated her opinion that “double booking” classes violated the law and that reading programs are federally mandated, not elective. AC ¶24. … immunity. 19 (quoting Gallop v.

United States v. Somerstein

971 F. Supp. 736 · District Court, E.D. New York · Jul 21, 1997

The testimony of several witnesses clearly established that the remittance reports were the type of document contemplated by section 1027. … The Government must also establish the existence of an overt act in furtherance of the conspiracy.

Belton v. The County of Nassau, New York

District Court, E.D. New York · Jun 13, 2024

Section 1983 “creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. … A liberty or property interest protected by due process may be established by the Constitution itself or by state law. See Kentucky Dep’t of Corr. v.

Paone v. Microsoft Corp.

881 F. Supp. 2d 386 · District Court, E.D. New York · Jul 30, 2012

] be met to establish literal infringement.”) … Moreover, TKIP clearly requires that TTAK is copied for each block before the data is used or manipulated.

United States ex rel. Kraus v. Wells Fargo & Co.

117 F. Supp. 3d 215 · District Court, E.D. New York · Jul 24, 2015

appendices to the Circular, is there any mention of a requirement that borrowing banks furnish their financials to the Federal Reserve—or that the Federal Reserve considers such material obtained from other agencies—in order to establish … Inst. in Taiwan, 286 F.3d 526, 528 (D.C.Cir.2002), which both parties argue supports their view, is inapposite; there, the entity whose governmental status was at issue was the defendant, and its sovereign immunity was the

New York State Telecommunications Association, Inc. v. James

District Court, E.D. New York · Jun 11, 2021

“Where [monetary] damages cannot be later collected because the defendant enjoys [E]leventh [A]mendment immunity, the damages become irreparable.”3 N.Y.S. Trawlers Ass’n v. Jorling, 764 F. … While the Court need not, and will not, at this stage hold that all broadband internet services are categorically interstate, it suffices to say that the ABA clearly wanders beyond the intrastate communications line

Diaz v. Paragon Motors of Woodside, Inc.

424 F. Supp. 2d 519 · District Court, E.D. New York · Mar 29, 2006

Requiring written notification of an accepted counteroffer as the plaintiff suggests would be contrary to this well-established rule of statutory interpretation and read into the regulation that which was clearly not contemplated … Thus, the procedure is clearly a prerequisite to any Lemon Law claim. Nor has plaintiff pointed to any other way in which the procedure does not comply with the statutory requirements.

Skrodzki v. Marcello

810 F. Supp. 2d 501 · District Court, E.D. New York · Aug 19, 2011

May 16, 1997) (“Only in cases where the telephone call or communication clearly shows that the defendant intends to project itself into ongoing New York commerce, such as where a defendant directly conducts market activity … (USA), Inc., 727 F.Supp.2d 160, 169 (E.D.N.Y.2010) (noting that a promise of future volume expectations can only qualify as a material misrepresentation, in the context of a fraudulent inducement claim, if it was made with

United States v. Dantzler

117 F. Supp. 3d 198 · District Court, E.D. New York · Jul 23, 2015

the factual finding was established”); United States v. … one offense are ... clearly distinguishable from those establishing the other”; or "[e]ach of the offenses ... contains an element which, is not an element of the other, and the statutory provisions defining such offenses

Lew v. Radiation Dynamics, Inc.

995 F. Supp. 106 · District Court, E.D. New York · Feb 14, 1998

Indeed, the defendant clearly responded to the allegations of national origin discrimination. A letter dated March 25, 1994 from RDI’s attorney to Jose J. … In order to establish a prima facie ease under the facts of this case, the plaintiff must present evidence that: (1) he is a member of a protected class; (2) he was qualified for the position in which he worked; *113 (3)

Smith v. Petra Cablevision Corp.

793 F. Supp. 417 · District Court, E.D. New York · May 20, 1992

Accordingly, the Court must rely upon established legal presumptions to resolve the issue raised in this motion. … Justice Scalia argues that this did not involve a retroactive effect but simply required current law to be used in determining if an applicant was qualified to obtain a permit for future activity.