Case law

New York v. West Side Corp.

790 F. Supp. 2d 13 · District Court, E.D. New York · Jun 3, 2011

responsible parties who may eventually seek contribution from them. 3 For instance, here, if Westside and Schiff were to settle their liability with the state, they could subsequently seek contribution, but would be statutorily immune … Clearly, there can be no recovery under CERCLA without NCP compliance.

Deitsch v. Transunion, LLC

District Court, E.D. New York · Jan 2, 2024

record as evidence at trial, for example, a custodian or any- one qualified to speak from personal knowledge that the documents were admissible business records.”). … Thus, the “past due” status was clearly historical. 13 As Plaintiff has failed to make a threshold showing that Truist’s reporting was inaccurate or misleading, this court need not con

Franco III v. Roger Smith

District Court, E.D. New York · May 24, 2024

Without that, Plaintiff’s allegations as to Mayor Siry’s purported interference in the ZBA process are conclusory and insufficient to state a claim against him. 11 Defendants also argue that Mayor Siry is entitled to qualified … immunity.

Darish v. Northern Dynasty Minerals Ltd.

District Court, E.D. New York · Aug 24, 2023

This factor “‘subsumes several 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 the class … “[A] class is ascertainable if it is defined using objective criteria that establish a membership with definite boundaries.” , 862 F.3d at 257.

LaBarbera v. NYU Winthrop Hospital

District Court, E.D. New York · Mar 16, 2021

Dec. 21, 2018) (“Santos has failed to demonstrate that the Court clearly erred by requiring her to identify a ‘similarly situated’ comparator in order to establish a prima facie case of pregnancy discrimination.”), aff’ … Such statistical evidence clearly establishes disparity. Id. (footnote and citations omitted).

In Re "Agent Orange" Product Liability Litigation

597 F. Supp. 740 · District Court, E.D. New York · Sep 25, 1984

This is a gray area falling between that which is clearly substantive or procedural. … They permit care for any condition that is not clearly and unmistakably- associated with another cause (e.g., conditions resulting from trauma).

Minskoff v. Mendoza

District Court, E.D. New York · Sep 2, 2025

Barreiro is qualified to provide this opinion. … , shall be used only for purposes of this action, and shall not be disclosed to any person who is not a Qualified Recipient.”

Koenig v. Benson

117 F.R.D. 330 · District Court, E.D. New York · Aug 14, 1987

Reliance will be presumed once materiality is established. See, e.g., Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128 , 92 S.Ct. 1456 , 31 L.Ed.2d 741 (1972); Blackie v. … On balance Koenig is not qualified for certification. STUART SOLOMON Finally, there does exist one plaintiff whom the Court can certify despite the defendants’ vigorous opposition. This per-. son is Stuart Solomon.

Sterling v. Interlake Industries Inc.

154 F.R.D. 579 · District Court, E.D. New York · Apr 8, 1994

In this Court’s view, the defendant’s answer and its responses to the plaintiff’s interrogatories do not qualify as “flagrant bad faith” or “callous disregard” for the Federal Rules. … The party opposing the motion for leave to amend has the burden of establishing that an amendment would be prejudicial, Panzella v.

Rosati v. Haran

459 F. Supp. 1148 · District Court, E.D. New York · Dec 23, 1977

The exact obligations of the district court’s probation department, the agency responsible for the preparation of PIR’s, are no more clearly defined. … He believes that but for the challenged contents of the PIR he would have been classified at a “community” rather than medium level of custody, and therefore would have qualified for participation in community activities

Amaya v. Ballyshear LLC

295 F. Supp. 3d 204 · District Court, E.D. New York · Mar 14, 2018

To establish a prima facie claim of wrongful termination, a plaintiff must demonstrate that: (1) she is a member of a protected class; (2) she was qualified for the position; (3) she suffered an adverse employment action; … The Plaintiff has clearly stated a claim of individual liability against both Kaczynski and Sygman under § 1981.

Podea v. Marshall

83 F. Supp. 216 · District Court, E.D. New York · Feb 24, 1949

This principle was clearly stated by Attorney General Edwards Pierrepont in his letter of advice to the Secretary of State Hamilton Fish, in Steinkauler’s Case, 1875, 15 Op.Atty.Gen. 15.” Perkins v. … The plaintiff’s own. expert on Rou-manian law admitted that he did not feel qualified to answer the question as. to what the Roumanian authorities would do in a case where a person did not have a pass *223 port and permit

Butts v. Kelch

District Court, E.D. New York · Sep 30, 2024

of discrimination by showing: “(1) [s]he belonged to a protected class; (2) [s]he was qualified for the position [s]he held; (3) [s]he suffered an adverse employment action; and (4) that the adverse employment action … But Plaintiff does not establish that such a treatment was predicated on any protected status.

Brooks v. Pataki

908 F. Supp. 1142 · District Court, E.D. New York · Nov 16, 1995

Plaintiffs have met the well-settled standard for a preliminary injunction: The standard in the Second Circuit for injunctive relief clearly calls for a showing of (a) irreparable harm and (b) either (1) likelihood of success … There, "the statements and declarations of policy on which the court relied in making this determination [of entitlement] often were qualified and couched in the language of short-term measures.” 708 F.2d at 792 .

Schopenhauer v. Compagnie Nationale Air France

255 F. Supp. 2d 81 · District Court, E.D. New York · Mar 31, 2003

A statement that the transportation is subject to the rules relating to liability established by this convention. 4. … This is indicated clearly on the front of the ticket and is also set out in the definition of ticket in the Conditions of Contract.

Islam v. Cuomo

District Court, E.D. New York · Jul 28, 2020

The State of New York has not been immune. Since mid-March, the state has received more than 1.6 million unemployment insurance claims. … However, because Rumon was granted unemployment insurance benefits, regardless how little, he did not qualify for any monies under PUA.

Ashley v. Abbott Laboratories

789 F. Supp. 552 · District Court, E.D. New York · Apr 13, 1992

One established basis for jurisdiction is consent. … The need for adaptation in this case is clearly indicated by the fact that, without it, these New York plaintiffs would likely be barred from recovering from these defendants in any court.

Gonzalez v. Hasty

269 F. Supp. 3d 45 · District Court, E.D. New York · Sep 18, 2017

Additionally, the SHU Record establishes that medical department personnel made daily rounds in the SHU. … As- to Part IV-B, only three justices joined, making that Part a plurality, with Justice Thomas filing a concurring opinion to opine on Part IV-B, As Part IV-B discusses qualified immunity, that plurality opinion is not relevant

I & R Medical, P.C. v. Hargan

District Court, E.D. New York · Feb 18, 2021

For services to be considered skilled, they must be provided by a qualified professional or qualified personnel and require the expertise, knowledge, clinical judgment, decision-making and abilities of … LCD 4260 (“Objective measures of function must be recorded in such a way as to clearly document the patient’s actual progress or lack thereof.”); L26884 (“Documentation should establish through 12 The key on the “Functional

Uzamere v. Uzamere

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

The plaintiff bears the burden of establishing subject matter jurisdiction. Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). “[F]ailure of subject matter jurisdiction . . . … Nothing Plaintiff has alleged establishes that she has an enforceable right under this provision of the Social Security Act.