Case law

Eurospark Industries, Inc. v. Underwriters at Lloyds Subscribing to the Risk on Cover No. 97FA0071010A

567 F. Supp. 2d 345 · District Court, E.D. New York · Jul 2, 2008

Bay’s motion, the Court will simply apply the clearly erroneous standard in considering its adoption. … Bay motion are clearly erroneous, and thus they are adopted in full.

Levitt ex rel. Levitt v. J.P. Morgan Securities Inc.

9 F. Supp. 3d 259 · District Court, E.D. New York · Mar 24, 2014

Although the Second Circuit was considering liability under § 10(b) of the Securities Exchange Act of 1934, the Court nonetheless finds that this reasoning clearly extends to an aiding and abetting fraud claim brought under … “An individual qualifies as a ‘statutory seller’ if he: (1) ‘passed title, or other interest in the security, to the buyer for value,’ or (2) ‘successfully solicited the purchase of a security, motivated at least in part

Korenyi v. DEPT. OF SANITATION OF CITY OF NEW YORK

699 F. Supp. 388 · District Court, E.D. New York · Sep 16, 1988

But where the statute by its terms forecloses private enforcement, or where it does not itself create enforceable rights, privileges or immunities, no section 1983 action can be maintained. See Wright v. … Ash, 422 U.S. at 80, 95 S.Ct. at 2089 (where protection of individual in plaintiff’s situation is clearly the primary purpose of the criminal statute, private cause of action may be cognizable). 5 Although the language of

20 Dogwood LLC v. Village of Roslyn Harbor

District Court, E.D. New York · May 19, 2023

At the pleading stage, the plaintiff, who bears the burden of establishing the elements of standing, “must clearly allege facts demonstrating each element.” Spokeo, Inc., 136 S. … June 16, 17), Judge Bianco observed that courts “routinely hold that an official with final enforcement authority qualifies as a ‘final policymaker’ for Monell purposes.” Id. at *9.

Ilyina v. Fantasy Lake Resort, Inc.

District Court, E.D. New York · Nov 10, 2022

Employees qualify for protection under the FLSA if in any work week “an employee either: 1) is engaged in commerce or in the production of goods for commerce, or 2) is employed in an enterprise engaged in commerce or in … _ On this point, Plaintiff has clearly demonstrated a material factual dispute.

Sherman v. City of New York

District Court, E.D. New York · Nov 23, 2020

At the first step of this analysis, a plaintiff bears the burden of establishing a prima facie case of employment discrimination by showing that (1) he belongs to a protected class; (2) he was qualified for the position … specifically respond to the vast majority of Defendants’ arguments, and instead states only that “Defendants took cognizable adverse actions tethered to the protected activity of Plaintiff’s complaints” and that he “has clearly

Cinar v. R&G Brenner Income Tax, LLC

District Court, E.D. New York · Sep 18, 2024

To qualify for the NYLL’s retail or service exemption, (1) the employee must be employed by a “retail or service establishment,” (2) the employee’s regular rate of pay must exceed “one and one-half times the minimum hourly … Contrary to defendants’ claims, the common question of whether R&G Brenner qualifies as a retail or service establishment will predominate over other individualized details, like the effective hourly rate paid for each

Ramirez v. United States

185 F. Supp. 2d 246 · District Court, E.D. New York · Dec 4, 2001

“[F]indings as to the defendant’s role[ ] need be established only a preponderance of the evidence and will be overturned only if they are clearly erroneous.” United States v. Jacobo, 934 F.2d 411, 418 (2d Cir.1991). … This rule was clearly enunciated in Michigan v.

Murray v. Town of North Hempstead

853 F. Supp. 2d 247 · District Court, E.D. New York · Jan 6, 2012

First, with regard to the restriction of Murray to desk duty, this action by *266 the Defendants does not qualify as an adverse employment action. … Thus, as opposed to Lopez and Ciojfi, Murray’s employer did not clearly express a desire for Murray to resign. Cf. Welch v.

Goodman v. Genworth Financial Wealth Management, Inc.

300 F.R.D. 90 · District Court, E.D. New York · Apr 15, 2014

Litig., 689 F.3d 229, 241 (2d Cir. 2012) (holding that the failure to qualify for reliance presumption “typically renders trial unmanageable, precluding a finding that common issues predominate”); Hevesi v. … plaintiff who cannot establish the applicability of the Basic or Affiliated Ute presumptions. .

Parker v. Time Warner Entertainment Co., LP

631 F. Supp. 2d 242 · District Court, E.D. New York · Jul 6, 2009

“That inquiry trains on the legal or factual questions that qualify each class member’s case as a genuine controversy.” Id. at 623 n. 18, 117 S.Ct. 2231 . … Kendrick, 698 F.2d 61, 73 (2d Cir.1982) (“The settlement of complex class action litigations are clearly favored by the courts.”).

United States v. Comparato

850 F. Supp. 153 · District Court, E.D. New York · Jul 2, 1993

The IRS, which enjoyed sovereign immunity from being joined in the New York action, did not respond to the order. 1 On September 23, 1991, the Surrogate permitted the renunciations to be filed out of time. … Feb. 13, 1990), wherein the court, relying on Mitchell , held that a son’s renunciation of his interest in a trust established by his father could not relate back to defeat a federal tax lien that had already attached to

Strauss v. Credit Lyonnais, S.A.

242 F.R.D. 199 · District Court, E.D. New York · May 25, 2007

See Adlman, 134 F.3d at 1202 (holding that documents must be prepared “because of the prospect of litigation” in order to qualify as work product). … Assuming that plaintiffs could have established that certain documents were protected by the work product doctrine, “[e]ven where the applicability of the work product doctrine had been established, factual material may be

In Re "Agent Orange" Product Liability Litigation

689 F. Supp. 1250 · District Court, E.D. New York · Jul 5, 1988

Additional written evidence, as by affidavit of eyewitness observers, will also be accepted, unless military records clearly contradict this evidence. … Each of the three finalists was highly qualified to perform the required services. The evaluation team interviewed each finalist.

Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance

293 F.R.D. 287 · District Court, E.D. New York · Aug 7, 2013

Plaintiff Shady Grove is “a Maryland corporation established for the practice of orthopedic medicine.” (Complaint ¶ 5.) … Rather, the statute clearly provides that no-fault payments are to be made within 30 days of receipt of the proof of claim. If such payments are delayed, the insurer must also pay interest.

Williams v. TSU Global Services Inc.

District Court, E.D. New York · Sep 30, 2022

for the exception, drivers of mixed fleets clearly fall within the exception, and thus, are entitled to overtime pay under FLSA. … Defendants argue that the subcontract agreement template clearly states that “[Defendants] do not Receive Gratuity”. See Defs’ Mot., Ex. D.

United States v. Swingline, Inc.

371 F. Supp. 37 · District Court, E.D. New York · Jan 17, 1974

The opinion expressed by Swingline’s expert is not that it would have been impossible to sell Speedfast assets in 1970, but that it would have been “very difficult to find a qualified buyer.” … It had been clearly informed that its reports did not show compliance. The Amount of Penalty The amount of penalty depends on the facts of each case.

Hamilton v. Lee

188 F. Supp. 3d 221 · District Court, E.D. New York · May 26, 2016

He argues that these “failures of foundation ... establish reason to doubt the palmprint _” Id. at 17. … No prejudice is established. First, the newly available evidence is not exculpatory.

Pizzuto v. County of Nassau

240 F. Supp. 2d 203 · District Court, E.D. New York · Nov 19, 2002

They further state that Thomas Pizzuto clearly did feel intimidated by the guard’s presence and consequently felt constrained from revealing too much about his beating in prison. (Id., Ex. A at 21, 22.) … Circuit’s analysis of the Supreme Court’s familial privacy jurisprudence, and therefore conclude that the precedent establishing constitutional protection for various aspects of family life falls short of establishing that

Srabyan v. State of New York

District Court, E.D. New York · Mar 23, 2022

Amendment’s Takings Clause; the Sixth, Seventh, Ninth, Tenth, and Thirteenth Amendments; and the Fourteenth Amendment’s Procedural Due Process, Substantive Due Process, Equal Protection, and Privileges and Immunities … “The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements,” and, “at the pleading stage, the plaintiff must ‘clearly . . . allege facts demonstrating’ each element.”