Case law

Adams v. Liberty Maritime Corporation

District Court, E.D. New York · Aug 4, 2020

The facts set out above clearly establish that Dr. Bourgeois pronounced the wrong diagnosis on both occasions in which he provided medical advice. … However, without clear evidence either way, I am bound by the text of the statute, which clearly establishes its restriction to shoreside treatment.

Spence v. Superintendent

987 F. Supp. 151 · District Court, E.D. New York · Nov 18, 1997

Spence concedes that these facts established probable cause to support his arrest. See Miloslavsky v. … Parks, 494 U.S. at 494-95, 110 S.Ct. at 1263-64 , petitioner’s case would still not qualify.

Houston v. Cotter

7 F. Supp. 3d 283 · District Court, E.D. New York · Mar 27, 2014

Even assuming arguendo that the confinement initially was a “justified suicide watch,” Nwaokocha, 369 F.Supp.2d at 373, nothing in the record clearly establishes that the time on suicide watch after January 16 was “justified … The absence of any documentary evidence, standing alone, cannot establish plaintiffs case beyond question.

Wilmington Trust, N.A. v. Segal

District Court, E.D. New York · Oct 7, 2025

Supp. 2d 471, 475 (S.D.N.Y. 2009) (“A district court will ‘exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” (quoting United States v. Ozsusamlar, 428 F. … Thus, it is not necessary for Plaintiff to establish the chain of custody of these ancient documents in order to authenticate them.

Robinson v. Morton

District Court, E.D. New York · Jul 22, 2021

A state court decision is “contrary to,” or an “unreasonable application of,” clearly established law if the decision: (1) is contrary to Supreme Court precedent on a question of … “[I]t is a well-established principle of federalism that a state decision resting on an adequate foundation of state substantive law is immune from review in the federal courts.”

Dollar Phone Corp. v. Dun & Bradstreet Corp.

936 F. Supp. 2d 209 · District Court, E.D. New York · Apr 5, 2013

As a result, many trade references submitted by ScoreBuilder purchasers do not qualify as payment experiences. Bronstein Aff., Exs. 12, 34-36. … The purchase emails clearly state that plaintiffs will receive “[p]eriodic status emails to track the progress of [their] trade references.”

Solent Freight Services, Ltd. v. Alberty

914 F. Supp. 2d 312 · District Court, E.D. New York · Dec 19, 2012

Cargo shippers raising prices on Plaintiff does not establish injury to competition on the market. 13 ' George Haug Co., 148 F.3d at 139 . … The full text of the email clearly indicates that the subjects of the email are Plaintiff and Eggsbyair, Plaintiffs trade name entity. (Am. Compl. ¶ 47.)

Singh v. Lintech Electric, Inc.

District Court, E.D. New York · Mar 19, 2021

Since plaintiff’s claims are clearly barred by the relevant statute of limitations, the Court need not assess the pleading defects. Plaintiff’s arguments are unavailing. … While the term “abatement” is not defined in C.P.L.R. § 6514(a), New York courts have held that dismissal of the underlying action on which the lis pendens is based qualifies as abatement. See Nastasi v.

Leslie

District Court, E.D. New York · Dec 9, 2025

A legal conclusion is “contrary to” clearly established federal law if it “contradicts the governing law set forth in” the Supreme Court’s cases or “confronts a set of facts that are … Even if the defendant makes this showing, he does not yet qualify for relief.

Stavola

District Court, E.D. New York · Aug 26, 2026

It is clearly established, however, that bonus payments that “do not fluctuate based on the number of overtime hours an employee has worked, [ ] cannot qualify as overtime payments.” McLean v. Garage Mgmt. … However, the cited paragraphs do not establish all requisite elements of the wage notice claim.

Broecker v. New York City Department of Education

District Court, E.D. New York · Feb 11, 2022

Though it is not clear to the Court which, if any, Plaintiffs have availed themselves of these processes, the record clearly reflects that these processes exist. See Ezekwo v. … The COH Order establishing the Vaccination Mandate has established a lawful, enforceable condition of employment (named differently, a qualification for employment or eligibility for employment

Moscatiello v. Apfel

129 F. Supp. 2d 481 · District Court, E.D. New York · Jan 22, 2001

Medical records establish that Dr. Hahn first saw plaintiff on November 23, 1993 (R. 149). … Martuscello’s letter is not material, and no good cause is shown for plaintiffs failure to present the information during the administrative proceedings; thus, the letter is not a basis for a remand even if it qualifies as

Mazor

District Court, E.D. New York · Jul 6, 2026

Mazor has failed to establish a prima facie case for general personal jurisdiction over Shalam. … Div. 2d Dep’t 2006) (“[F]axing the executed contracts to New York and . . . making a few telephone calls do not qualify as . . . the transacting of business . . .

Murray v. Newrez LLC

District Court, E.D. New York · Apr 21, 2025

Murray brings her first count under both Sections 1024.35 (covering notices of error) and 1024.36 (covering requests for information), AC ¶¶ 45–82, she does not clearly specify what category she believes that her QWRs fall … The litigation costs of a RESPA action do not qualify as actual damages.

Town of Islip v. Datre

245 F. Supp. 3d 397 · District Court, E.D. New York · Mar 28, 2017

generalized profit motive” to engage in fraud, which still would be insufficient to establish intent. … Although “the release or threat of release of hazardous waste into the environment” is clearly a nuisance, N.Y. v. W.

United States v. Handy

570 F. Supp. 2d 437 · District Court, E.D. New York · Aug 4, 2008

L.J. 975 , at 998-99 & n. 65 (1978) (creation of Sentencing Commission in place of Parole Commission substituted an “agency that is largely immune from the reach of the [APA] for one that has been largely subject to the Act … A defendant who qualifies for “career offender status” was automatically placed in criminal history category VI, the highest available under the Guidelines. La *472 Bonte, 520 U.S. at 753 , 117 S.Ct. 1673 .

In re 3D Systems Securities Litigation

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

The Court also expressed a concern regarding the parties’ proposed notices ~— specifically, that certain of the notices did not clearly indicate that class members could appear through their own attorney if desired, as … This factor ““subsumes several Grinnell factors,’ including the complexity, expense and likely duration of litigation, the risks of establishing liability, the risks of establishing damages, and the risks of maintaining

Holloway

District Court, E.D. New York · Apr 15, 2026

One of the requirements for Rule 803(6) is that the offering party establish that the evidence meets the exception via “testimony of the custodian or another qualified witness, or by a certification that complies with … Defendants have not established that plaintiff cannot meet the standard for punitive damages. See DiSorbo v.

Charriez v. Greiner

265 F.R.D. 70 · District Court, E.D. New York · Mar 23, 2010

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.

Cheng v. T.D. Bank, N.A.

District Court, E.D. New York · Jun 28, 2022

Plaintiff’s pleadings therefore do not establish the first required element of a breach of contract claim – a “formation of contract between plaintiff and defendant.” Seneca Ins. Co., Inc. v. Air Prof. … And the complaint would have to “clearly identify which contract provisions were breached as a result of the defendant’s conduct.” Broughel v. Battery Conservancy, No. 07-cv- 7755, 2009 WL 928280, at *5 (S.D.N.Y.