Case law

Payne v. The People of the State of New York

District Court, E.D. New York · Aug 9, 2022

As explained below, Payne argues, inter alia, that he has established that he is actually innocent and, thus, qualifies for exceptions to the in- custody requirement and to AEDPA’s one-year statute of limitations. … Additionally, Payne’s proof of his purported innocence is clearly insufficient to establish that he is actually innocent.

New York State Catholic Health Plan, Inc. v. Academy O & P Associates

312 F.R.D. 278 · District Court, E.D. New York · Dec 18, 2015

Under these definitions, Academy IPA qualifies as an IPA rather than a provider — thus the contract must be understood as one between a managed care organization and an IPA. See id. at ¶¶ 57, 59, 63 and Exs. 10,11. … Dispute Contractual Plaintiff has failed to establish the necessary elements of a RICO claim.

Freyre v. New York City School Construction Authority

District Court, E.D. New York · Sep 29, 2025

Freyre has clearly pled that his disability substantially limited his ability to work. NYCSCA argues that a “diagnosis alone” cannot establish a disability under the ADA. … The plaintiff “need not establish that the conduct he opposed was actually a violation of the statute so long as he can establish that he possessed a good faith, reasonable belief that the underlying challenged actions

Mojica v. Reno

970 F. Supp. 130 · District Court, E.D. New York · Jul 11, 1997

It is important to bear in mind that the right is to a hearing only and to the exercise of discretion, not to immunity from deportation. … The duty to respect family life may be stronger where family life has already been established in the state and stronger still where it has been established there for some time.

Ecker v. Cohalan

542 F. Supp. 896 · District Court, E.D. New York · Jul 8, 1982

LAW State action is established. 42 U.S.C. § 1983 . Defendant Chester dismissed plaintiff in his capacity as County Commissioner of Parks acting at the direction of the County Executive. … Even accepting plaintiff’s characterization of his role in the department as that of a highly paid clerk, plaintiff was clearly in a position to influence policy in the County by virtue of his office.

Zheng v. Warden Sing Sing Correctional Facility

District Court, E.D. New York · Sep 18, 2019

DNA was contrary to clearly established Supreme Court precedent. … Petitioner Has Not Demonstrated the State Court’s Decision Contravened Clearly Established Supreme Court Precedent.

Myles v. Jacobs

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

In the complaint, Myles clearly pleads a substantive due process claim. … To establish a procedural due process claim, a plaintiff must establish that he or she was deprived of that interest without due process of law. Id. (citing Kassim v.

Payne v. The People of the State of New York

District Court, E.D. New York · Aug 9, 2022

As explained below, Payne argues, inter alia, that he has established that he is actually innocent and, thus, qualifies for exceptions to the in- custody requirement and to AEDPA’s one-year statute of limitations. … Additionally, Payne’s proof of his purported innocence is clearly insufficient to establish that he is actually innocent.

Payne v. McIntosh

District Court, E.D. New York · Aug 9, 2022

As explained below, Payne argues, inter alia, that he has established that he is actually innocent and, thus, qualifies for exceptions to the in- custody requirement and to AEDPA’s one-year statute of limitations. … Additionally, Payne’s proof of his purported innocence is clearly insufficient to establish that he is actually innocent.

Chiari v. New York Racing Ass'n

972 F. Supp. 2d 346 · District Court, E.D. New York · Sep 16, 2013

To establish a prima facie case under the ADA, Plaintiff must show that: (1) his employer is subject to the ADA; (2) Plaintiff was disabled within the meaning of the ADA; (3) Plaintiff was otherwise qualified to perform the … Allegations Regarding Denial of Medical Benefits There was clearly a contract between the parties, satisfying the first element of the breach of contract test.

Gioia v. Patterson, Belknap, Webb, & Tyler

District Court, E.D. New York · Oct 12, 2023

Rowe, 449 U.S. 5, 9 (1980), pro se litigants must establish subject matter jurisdiction. See, e.g., Rene v. Citibank N.A., 32 F. … Second, “the conduct complained of must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.” Id.; see also Snider v.

Powell

District Court, E.D. New York · Mar 27, 2026

Therefore, the state-court decision was not “contrary to” clearly established Supreme Court law, and my analysis is constrained to whether the state-court decision involved an “unreasonable application” of clearly established … Supreme Court law or whether it “fails to extend a principle of clearly established law “to situations which that principle should have in reason governed.”

Washburn v. Kingsborough Community College

District Court, E.D. New York · Mar 29, 2023

“To survive a motion to dismiss, a plaintiffs need only establish a prima facie case of sex discrimination by demonstrating that[:] (1) [the plaintiff] was within the protected class; (2) [the plaintiff] was qualified for … ADA Discrimination The ADA establishes that no covered entity “shall discriminate against a qualified individual on the basis of disability in regard to job

Magnan v. Noeth

District Court, E.D. New York · Apr 21, 2021

The decision of a state court is “contrary” to clearly established federal law within the meaning of § 2254(d)(1) if it is “diametrically different” from, “opposite in character or nature” to, or “mutually opposed” to … A decision involves “an unreasonable application” of clearly established federal law if the state court applies federal law to the facts of the case “in an objectively unreasonable manner.” Brown v.

United States v. Lieber

473 F. Supp. 884 · District Court, E.D. New York · Mar 15, 1979

We have previously held that a promise of immunity made by a United States Attorney in one district cannot bind a United States Attorney in another district. United States v. … The Second Circuit expressly “disagree[d],” id., with that position: Clearly . . . Santobello requires relief when the prosecutor fails to fulfill promises within his power made in negotiating a plea bargain.

Bonanno

District Court, E.D. New York · Aug 18, 2026

The ADA prohibits discrimination “against a qualified individual on the basis of disability in regard to ... terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). … The Court sees no reason to demand more detail on this point: plaintiff’s condition clearly fits the bill for disability under both the ADA and NYSHRL. VII.

Republic of Colombia v. Diageo North America Inc.

531 F. Supp. 2d 365 · District Court, E.D. New York · Jun 19, 2007

Similarly, the European Community court explained that the argument that the revenue rule is discretionary “is also foreclosed by Canada, which clearly establishes that, once the sovereignty and separation of powers concerns … is not established by mere participation in predicate acts of racketeering.”

Rodriguez v. Nassau County

District Court, E.D. New York · Sep 25, 2019

At the first step of the McDonnell Douglas analysis, a plaintiff “must establish a prima facie case of sex discrimination by demonstrating that (1) she was within the protected class; (2) she was qualified for the position … The defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, if believed by the trier of fact, would support a finding that unlawful discrimination was not the cause

Matos v. Aeronaves De Mexico, S.A.

548 F. Supp. 933 · District Court, E.D. New York · Sep 7, 1982

The Third Circuit has clearly characterized the informal nature of the arbitration process. … V Plaintiff has failed to establish that his union, I.A.M., breached its duty of fair representation.

Fore v. Commissioner of Social Security

District Court, E.D. New York · Mar 24, 2020

On October 8, 2014, the SSA sent Plaintiff a “Notice of Disapproved Claim,” informing him that he did not qualify for disability benefits based on res judicata. … Indeed, “to the extent plaintiff is attempting to allege violations of [his] constitutional rights by the SSA, the SSA is immune from suit.”