Case law

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.”

Hamilton v. City of New York

District Court, E.D. New York · Sep 28, 2021

The FDNY previously granted qualifying firefighters medical and religious accommodations, exempting their compliance with the grooming policy. … The court found that OSHA’s Respiratory Protection Standard “clearly requires fire- fighters to be clean shaven where a[] [respirator] seals against their face.” Id. at 166.

Wallace v. City of New York

District Court, E.D. New York · Jul 10, 2020

. § 1983 requires that a plaintiff demonstrate that the challenged conduct was “committed by a person acting under color of state law,” and that the conduct “deprived [the plaintiff] of rights, privileges, or immunities … “In such a case, the loss is not a result of some established state procedure and the State cannot predict precisely when the loss will occur.” Id.

Callari ex rel. Blackman Plumbing Supply, Inc. v. Blackman Plumbing Supply, Inc.

988 F. Supp. 2d 261 · District Court, E.D. New York · Dec 19, 2013

The evidence further establishes that Ruggiero signed the WH-58 Form. … The evidence further establishes that Ruggiero signed the WH-58 Form.

Bay Casino, LLC. v. M/V ROYAL EMPRESS

20 F. Supp. 2d 440 · District Court, E.D. New York · Aug 19, 1998

Clearly, this is not the *447 normal charter agreement and upon further review it appears to me that certain amendments should be considered to properly reflect the type of relationship which actually exists. … However, even if a foreign defendant “is found to be within the district in the jurisdictional sense, its property is not immune from attachment.” Navi era, 120 F.3d at 315 , quoting United States v. Cia.

Sovereign Cape Cod Investors LLC v. Eugene A. Bartow Insurance Agency, Inc.

District Court, E.D. New York · Mar 3, 2022

It is beyond cavil that “‘[t]he party asserting work-product immunity bears the burden of establishing that it applies.’” United States v. … Au fond, these materials “clearly do not relate to the regular claims filing process,” and therefore are covered by the work product doctrine. 99 Wall Dev.

Rico v. Commissioner of Social Security

District Court, E.D. New York · Nov 17, 2020

The ALJ concluded that there was no medical evidence that plaintiff’s mental impairments qualified him for disability benefits. … It is well- established that post-DLI medical records can have a bearing on a claimant’s pre-DLI impairment. See Lisa v.

United States v. Peterson

233 F. Supp. 2d 475 · District Court, E.D. New York · Nov 16, 2002

The defendant has established neither element. … Also, the evidence at trial established all the elements of the extortion charge.

Ruiz-Solano v. Russell

District Court, E.D. New York · Apr 26, 2023

A state court decision is “contrary to” clearly established federal law only if “the state court reached a conclusion of law that directly contradicts a holding of the Supreme Court” or, “when presented with facts that … Additionally, the Court concludes that Petitioner has not met her burden to establish that the state court proceedings were contrary to “clearly established” federal law, or that the state court unreasonably determined

State Farm Mutual Automobile Insurance v. Grafman

274 F.R.D. 442 · District Court, E.D. New York · Apr 4, 2011

He found that the relevance of the hard drives, and therefore Kagan’s duty to preserve them, had been clearly established at previous hearings at which Kagan had been present. Id. … Rogers, 357 U.S. 197, 212 , 78 S.Ct. 1087 , 2 L.Ed.2d 1255 (1958); gross professional negligence qualifies as “fault” under this doctrine. Cine Forty-Second St. Theatre Carp. v.

Lumhoo v. Home Depot USA, Inc.

229 F. Supp. 2d 121 · District Court, E.D. New York · Sep 26, 2002

In order to establish a prima facie case of discriminatory discharge, Anderson must demonstrate that (1) he is a member of a protected class; (2) he was qualified for the position; (3) he suffered an adverse employment action … [or] where the later sworn assertion addresses an issue that was not, or was not thoroughly or clearly, explored in the deposition ...

Paulsen v. Lehman

839 F. Supp. 147 · District Court, E.D. New York · Dec 1, 1993

Clearly, there are “no articulated standards” with regard to the issuance of permits either in the regulation, the policy statement, or in the SOP’s established practice at Jones Beach State Park (see Forsyth County, supra … Clearly in this case, the plaintiff has obtained the relief he sought.

Birnbaum v. United States

436 F. Supp. 967 · District Court, E.D. New York · Aug 17, 1977

This general consent to suit for tortious acts of government officials and employees is qualified by a number of exceptions. 28 U.S.C. § 2680 . … This portion of the statute maintains sovereign immunity with regard to: (b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.

United States v. Marcus

193 F. Supp. 2d 552 · District Court, E.D. New York · Sep 24, 2001

Initially, it is noted that the government must establish to the satisfaction to the jury beyond a reasonable doubt that the defendant was aware that one or more of the participants in the photographs was a child. … To the contrary, the *558 statute clearly apprises individuals of the nature of the conduct proscribed. United States v. Colavito, 19 F.3d 69 (2d Cir.1994).

Solomon v. County of Nassau

District Court, E.D. New York · Dec 1, 2021

Facial plausibility is established by pleading sufficient factual content to allow a court to reasonably infer the defendant’s liability. Twombly, 550 U.S. at 556. … under 42 U.S.C. § 1983 To state a claim under Section 1983, a plaintiff must allege that the defendant (1) was acting under color of state law and (2) deprived the plaintiff of rights, privileges or immunities

Jackson v. POM Recoveries, Inc.

District Court, E.D. New York · Aug 21, 2020

If you feel that you may qualify, please complete the back portion of this letter and return it in the enclosed return envelope. If you do not qualify please enclose your payment.” (ECF No. 1-2 (Ex. … The debt collector must also convey the information in § 1962g clearly. Jacobson, 516 F.3d at 90 (citation omitted).

Certain Underwriters At Lloyds, London v. Travelers Casualty Insurance Company of America

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

To qualify as an additional insured, AG Green must establish that KB Restoration agreed to name it as such in a written contract, that the contract was executed before the accident and in effect at the time of the accident … Whether Posiko’s work is viewed as that of an employee or that of a supervisor, he was clearly performing his tasks on behalf of KB Restoration.

Barbour

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

Nov. 3, 2023) (finding that a receptionist “clearly met the DOH Mandate’s definition of ‘personnel’ because she could ‘expose other personnel, patients, or residents to the disease’”); Corrales v. Montefiore Med. … Once an employee establishes a prima facie case, the “employer must offer him or her a reasonable accommodation, unless doing so would cause the employer to suffer an undue hardship.” Hale v.

Homere v. Inc. Vill. of Hempstead

322 F. Supp. 3d 353 · District Court, E.D. New York · Mar 22, 2018

As to those portions of a report to which no "specific written objections" are made, the Court may accept the findings contained therein, as long as the factual and legal bases supporting the findings are not clearly erroneous … ' 'is immune from a civil suit for damages under § 1983.' " Norton v.

Hamilton

District Court, E.D. New York · Dec 1, 2025

In Forma Pauperis Upon review of Hamilton’s IFP Motion (IFP Mot.), the Court finds that Hamilton is qualified by his financial status to commence this action without the … Here, the Complaint does not contain sufficient factual allegations to establish the nature of Hamilton’s residence at the Ranch.