Case law

Gause v. Claude

District Court, E.D. New York · Jan 6, 2022

Bell, 592 F.3d 121, 127 (2d Cir. 2010) (internal citation and quotation marks omitted); and (2) the conduct complained of “must have deprived a person of rights, privileges or immunities secured by the Constitution or laws … It is well-established that Section 1983 “excludes from its reach merely private conduct, no matter how discriminatory or wrongful.” Am. Mfrs. Mut. Ins. Co. v.

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

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

Natale v. 9199-4467 Quebec Inc.

District Court, E.D. New York · Jul 28, 2023

Furthermore, “to avoid deception” marketers are required to “clearly and prominently qualify compostable claims to the extent necessary to avoid deception” if an item “cannot be composted … Additionally, “[t]o avoid deception about the limited availability of municipal or institutional composting facilities, a marketer should clearly and prominently qualify compostable claims if such

Bank v. CreditGuard of America, Inc.

District Court, E.D. New York · Mar 30, 2020

Failing to pass the motion- to-dismiss threshold does not mean that Plaintiff’s claim and arguments clearly had no chance of success or that there was no reasonable argument to extend the law. … Second, Plaintiff fails to establish the requisite burden of proof to succeed.

Zornberg v. NAPCO Security Technologies, Inc.

District Court, E.D. New York · Apr 11, 2025

The press release clearly revealed the falsity of the financial statements by suggesting the overstatement of gross profit. … Relevant here are the qualified purchaser and statutory seller elements. 1.

Watson v. Geren

483 F. Supp. 2d 226 · District Court, E.D. New York · Apr 10, 2007

CONCLUSION For the reasons set forth above, I find no basis in fact for the CORB’s conclusion that petitioner failed to qualify for CO status. … See Resp.’s Mem. 16 ("These bases are summarized clearly and succinctly in the recommendations of Petitioner’s chain of command.”).

Goldstein v. Berkshire Hathaway Guard Insurance Companies

District Court, E.D. New York · Nov 15, 2024

The record clearly shows there is a genuine dispute as to the falsity of the invoices. … clearly turns on the credibility of both Mr. Medina and the Plaintiff.

Cyrus v. Lockheed Martin Corporation

District Court, E.D. New York · Mar 31, 2025

She further points out that the defendants knew she was qualified, “since she was interviewed for the role.” (Id. ¶ 61.) … Robertson was a Human Resources director, so her knowledge of the plaintiff’s complaints — clearly protected activity — can fairly be imputed to TRC. Zann Kwan v. Andalex Grp.

McNamara v. The City of Long Beach

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

Immunity for Defendant Kemins Because the Court finds that Plaintiff has not made out a claim for First Amendment retaliation, the Court need not consider whether Defendant Kemins is entitled … to absolute or qualified immunity.

Cunningham v. United States

472 F. Supp. 2d 366 · District Court, E.D. New York · Feb 2, 2007

Under the FTCA, a federal employee acting within the scope of employment is absolutely immune from a suit for damages based on negligent or wrongful conduct that constitutes common-law tort. See Rivera v. … Although the officer had previously testified at his deposition that he clearly saw an image of Mr.

Pena-Rosario v. Reno

83 F. Supp. 2d 349 · District Court, E.D. New York · Feb 8, 2000

IIRIRA also further expanded the list of offenses that qualify as “aggravated felonies.” Id. § 321(a) (amending INA § 101(a)(43), 8 U.S.C. § 1101 (a)(43)). b. … These provisions are clearly concerned with the result in pending cases.

United States v. Amgen, Inc.

336 F. Supp. 3d 119 · District Court, E.D. New York · Sep 17, 2018

Second, the TAC does not adequately explain the theory of liability that Relators intend to pursue, The TAC clearly alleges that U.S. … Although the paragraph does not identify the "defendants," it clearly alleges that these defendants, not the network physicians, made the false certifications.

Lefrak v. Arabian American Oil Co.

487 F. Supp. 808 · District Court, E.D. New York · Jan 10, 1980

Here, the record clearly demonstrates that the middlemen were harmed. Defts. Reply App. Exh. C; Defts. App. Vol. II, at 55-60. … Illinois Brick was rendered after the distribution process was firmly established.

Deepwells Estates Inc. v. Incorporated Village of Head of the Harbor

973 F. Supp. 338 · District Court, E.D. New York · Aug 16, 1997

The Supreme Court set forth the following test to guide the courts in determining whether such property interest exists: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire … The plaintiffs recognize that punitive damages are not available against the Village, since municipalities are absolutely immune from punitive damages liability. See City of Newport v.

Mirvis v. Quay

District Court, E.D. New York · Sep 30, 2025

established.” … The Court need not reach Defendants’ arguments regarding the applicability of qualified immunity or Plaintiff’s failure to exhaust administrative remedies.

Glenn Jackson, on behalf of himself and all others similarly situated v. Britannica Floor Covering, Inc., and Michael Kahoud

District Court, E.D. New York · Jul 2, 2026

Dec. 28, 2020) (holding that “the other factors are clearly satisfied by plaintiffs’ allegations, . . . … Based on these allegations, Plaintiff has established that he qualifies for work which entitled him to prevailing wages under NYLL § 220.

Dominguez

District Court, E.D. New York · Mar 30, 2026

“is [clearly] prohibited discrimination.” 2 EEOC Compl. … The filing of the April 5 police report does not qualify as protected activity under the FLSA.

Solnin v. Sun Life and Health Ins. Co.

766 F. Supp. 2d 380 · District Court, E.D. New York · Jan 31, 2011

The Second Circuit has clearly held that a claim that is “deemed denied” based upon a plan administrator’s failure to comply with regulatory deadlines is “not denied by an exercise of discretion, but by operation of law.” … The Policy defines "Any Occupation" as: "Any gainful occupation that you are or become qualified for by education, training or experience.

Chambers v. European American Bank and Trust Co.

601 F. Supp. 630 · District Court, E.D. New York · Jan 21, 1985

At the time he made his three requests for an explanation as to why he did not qualify for the 100% vesting exception, plaintiff states that he was aware that the EAB Employee Benefit Program manual provided that responses … Although these cases are clearly distinguishable from the present case, we take time to briefly note the ways in which they are. For example, in Dartt v.