Case law

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.

J.G. v. Mills

995 F. Supp. 2d 109 · District Court, E.D. New York · Jan 24, 2011

Clearly, then, the proposed class and subclasses are sufficiently numerous to satisfy Rule 23(a)(1). See, e.g., Consol. Rail Corp. v. … Accordingly, Rule 23(b)(2) is clearly satisfied.

Plair v. New York City Department of Correction

District Court, E.D. New York · Jul 2, 2020

required to dismiss sua sponte an IFP 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 … As further discussed in Part III, infra, Plair may also have intended to bring claims under the New York City or New York State Human Rights Laws and 42 U.S.C. § 1985(3), but Plair does not clearly identify the human rights

Jewish Sephardic Yellow Pages, Ltd. v. DAG Media, Inc.

478 F. Supp. 2d 340 · District Court, E.D. New York · Mar 19, 2007

To qualify for registration on the Principal Register, a trademark must be distinctive of the applicant’s goods. 15 U.S.C. § 1052 . … Taco Cabana, Inc., 505 U.S. 763, 768 , 112 S.Ct. 2753 , 120 L.Ed.2d 615 (1992) (“[I]t is common ground that § 43(a) protects qualifying unregistered trademarks and that the general principles qualifying a mark for registration

Biggs v. Lyng

644 F. Supp. 998 · District Court, E.D. New York · Oct 1, 1986

The IAR was established in response to the Supreme Court’s holding in Philpott v. … Most, if not all, individuals who qualify for Home Relief will also ultimately be declared eligible for SSI as well.

Golden Krust Patties, Inc. v. Bullock

957 F. Supp. 2d 186 · District Court, E.D. New York · Jul 16, 2013

Clearly, defendants could mitigate their damages by opening a different type of restaurant and they would not need until January 2016 to do so. … That is, it is not clear whether the clause beginning “with a balance of hardships ...” qualifies only the serious-question showing, or whether that clause also applies even where the movant demonstrates a likelihood of success

Etoria v. Bennett

292 F. Supp. 2d 456 · District Court, E.D. New York · Nov 20, 2003

Under this standard, “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 … pursuing issues that were clearly and significantly weaker,” Mayo v.

Qui v. Barr

District Court, E.D. New York · Aug 17, 2021

In so holding, the Second Circuit clearly established that ambiguity in the INA should be construed to favor petitioners’ rights and provided several examples to help courts and agencies determine when the INA’s language … For the foregoing reasons, USCIS’s interpretation contravenes the principles of statutory construction clearly established in Duarte-Ceri and the broader immigration law.

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)

Aetna Casualty & Surety Co. v. Retail Local 906 of AFL-CIO Welfare Fund

921 F. Supp. 122 · District Court, E.D. New York · Mar 25, 1996

The evidence established that GNBG, although a purported association acting as an agent for various employers, never had an association with employers at that time or any time thereafter. … Information of this nature clearly was relevant and material to Aetna’s decision whether to issue the FRIP it did issue.

O'NEILL v. Dent

364 F. Supp. 565 · District Court, E.D. New York · Jul 16, 1973

Candidates who are qualified in other respects for admission to the Academy must also meet all the requirements of Naval Reserve Midshipmen. … Any candidate not qualified for Naval Midshipman status will not be appointed to the Academy. All Midshipmen are required to take a program of Naval science courses.

Wurtz v. Rawlings Co., LLC

933 F. Supp. 2d 480 · District Court, E.D. New York · Mar 28, 2013

Congress has answered, and quite clearly: ERISA “shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan .... ” 29 U.S.C. § 1144 . In short, if N.Y. … Plaintiffs proffer no allegations establishing that defendants here qualify as any of these types of entities.

Al-Site Corp. v. Opti-Ray, Inc.

841 F. Supp. 1318 · District Court, E.D. New York · Aug 31, 1993

He is a patent attorney and he has been qualified as an expert in approximately forty cases and has testified in fifteen of those eases. Tr. 344. This court accepted Mr. … Applying these established principles of patent law, this Court interprets the means-plus-function language of Claim 1 of the ’345 patent as requiring (1) a pair of eyeglasses comprised of two lenses and an eyeglass frame

Logan v. World Luxury Cars, Inc.

District Court, E.D. New York · Jan 11, 2023

this circuit have found that factually unrefuted allegations that an individual defendant is the “owner, partner, or manager” of a corporate employer, on which the individual defendant then defaults, are sufficient to qualify … See also Murray Eng’g, 2013 WL 1809637, at *5 (noting that prejudice can be established by showing that “delay will result in the loss of evidence”).

Wright v. Lee

District Court, E.D. New York · Jul 2, 2021

“‘To qualify as an adequate procedural ground,’ capable of barring federal habeas review, ‘a state rule must be firmly established and regularly followed.’” Johnson, 578 U.S. at ---, 136 S. … This Court may not grant federal habeas relief unless a state court merits adjudication contradicts or unreasonably applies clearly established federal law as established by the Supreme Court — that is, the Supreme Court

Saleem R. Williams v. State of New York, et al.

District Court, E.D. New York · Dec 4, 2025

§ 1915(e)(2)(B) 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 from such … An action is “frivolous” when “the ‘factual contentions are clearly baseless,’ such as when allegations are the product of delusion or fantasy,” or where “the claim is ‘based on an indisputably meritless legal theory.’”

Tummino v. Torti

603 F. Supp. 2d 519 · District Court, E.D. New York · Mar 23, 2009

The rationale offered is not convincing, and is in fact a denial of access to a product clearly established as safe and effective for all women who need it. Pis.’ Ex. E at E006. When Dr. Wood met with Dr. … Here, the claimed injuries are clearly traceable to the FDA’s actions.

Wendy Trudo v. The Department of Education of the City of New York; Melissa Aviles-Ramos, Chancellor; Katherine Rodi, Director of Employee Relations

District Court, E.D. New York · Aug 12, 2026

Free Exercise and Establishment Clause Plaintiff next alleges that “Defendants’ discrimination against her violates the Free Exercise and Establishment Clauses of the First Amendment[.]” AC ¶ 82. … Plaintiff’s allegations clearly show that she received adequate due process: (1) DOE notified her of the Vaccine Mandate, AC ¶ 20; (2) she applied for and received a decision on her religious exemption, id. ¶¶ 23–24; (

Hayon v. Reardon

District Court, E.D. New York · Aug 24, 2021

A state-court decision is “contrary to” clearly established federal law if it (1) applies a rule that contradicts governing Supreme Court cases, or (2) decides a case differently from the Supreme Court given “materially … Reinhardt, The Demise of Habeas Corpus and the Rise of Qualified Immunity, 113 Mich. L. Rev. 1219, 1220 (2015).

Ford v. Shalala

87 F. Supp. 2d 163 · District Court, E.D. New York · Sep 29, 1999

Of that number, 4.4 million claimants qualified on the basis of blindness or disability and 2.05 million claimants qualified on the basis of advanced age. (Tr. at 8.) … As the Goldberg Court noted: For qualified recipients, welfare provides the means to obtain essential food, clothing, housing and medical care.