Case law

S.W. ex rel. Marquis-Abrams v. City of New York

46 F. Supp. 3d 176 · District Court, E.D. New York · Jan 28, 2014

To establish a § 1983 claim, a plaintiff must demonstrate “that the challenged conduct (1) was attributable to a person acting under color of state law, and (2) deprived the plaintiff of a right, privilege, or immunity secured … Negligence Claims Finally, the agency defendants seek summary judgment on .plaintiffs’ eom-mon law negligence claims. 25 “To establish a prima facie case of negligence, a plaintiff must establish the existence of a duty owed

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.

Wells Fargo Bank National Association v. 366 Realty LLC

District Court, E.D. New York · Feb 20, 2025

“Willfulness in the default judgment context looks to ‘egregious or deliberate conduct,’ and even ‘grossly negligent’ actions do not necessarily qualify.” United States v. … The Second Circuit has made clear that “delay alone is not a sufficient basis for establishing prejudice.

Felskowski v. Sealift, Inc.

District Court, E.D. New York · Jun 1, 2023

(“2016 M&O”) compelling arbitration for the fifty-eight1 additional Filipino seafarers for whom Defendants produced signed and executed copies of the POEA 1 Defendants located three additional Filipino seafarers who qualified … Here, Department Order No. 33 and Memorandum Circular No. 55 are clearly and unambiguously described in the 1996 Series Contract.

Lyons Partnership, L.P. v. D & L Amusement & Entertainment, Inc.

702 F. Supp. 2d 104 · District Court, E.D. New York · Mar 25, 2010

This court finds that the allegations contained in the Amended Complaint ant the plaintiffs’ submissions in support of their motions for default judgment clearly establish liability against the defendants on these three Lanham … Thus plaintiffs’ have established their claim of copyright infringement by defendants. C.

Atl. Specialty Ins. Co. v. Coastal Envtl. Grp. & Sterling Equip., Inc.

368 F. Supp. 3d 429 · District Court, E.D. New York · Sep 30, 2018

That pounding and that dynamic action tore the bottom of the barge approximately 12 feet in length and it was clearly from a very strong dynamic force, and that was weather. Crivici Tr. 33-34. … There is sufficient evidence that these spreadsheets qualify as business records. See Tr. 101-02, 606-07.

Vict. Leevson, Michael Leibzon, Matana Enters., LLC v. Aqualife United States, Inc.

296 F. Supp. 3d 503 · District Court, E.D. New York · Nov 1, 2017

Title 29 U.S.C.A. § 256 clearly delineates between an individual action and a "collective action" filed under the FLSA. … Answering many phone calls night after night and completing sales from home qualifies as work that the defendants knew employees were engaging in, and that they should have been compensated for.

Bologna v. Wilson

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

“Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” United States v. Paredes, 176 F. Supp. 2d 179, 181 (S.D.N.Y.2001). … In short, defendants wish to “issue trial subpoenas to all of the providers . . . to establish that Plaintiffs were not entirely truthful when they denied related injuries, and to establish that the claimed injuries are

Dobrosmylov v. Desales Media Group, Inc.

District Court, E.D. New York · Jul 2, 2021

In its actual motion, defendant offers a slightly different, albeit related, argument: that it does not qualify as an “enterprise” in the first place. … Specifically, defendant argues that plaintiff must rely on defendant’s time records, rather than his own recollection, to establish the hours he worked.

United States v. Dimattina

885 F. Supp. 2d 572 · District Court, E.D. New York · Aug 8, 2012

Nevertheless, at trial he sought to establish an alibi, producing a number of witnesses who testified in support of that claim. Id. at 1253. … Yet the Court of Appeals for this circuit has also emphasized that the “test under § 3145(c) is necessarily a flexible one, and district courts have wide latitude to determine whether a particular set of circumstances qualifies

Gause v. Claude

District Court, E.D. New York · May 27, 2021

any event, Defendant Ball is entitled to qualified immunity. The Court addresses each cause of action in turn. A. … “To establish a prima facie case of First Amendment retaliation, a plaintiff must establish ‘(1) that the speech or conduct at issue was protected, (2) that the defendant took adverse action against

Hill

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

Any person who is determined to be qualified for jury service is placed on the “qualified jury wheel for the Eastern District.” Id. § 11. … citizens who are qualified for service. Mr.

Joseph Jackson v. Detective Robert Dempsey; Detective Gary Abbondandelo; Detective John M. Holland; Detective Michael Herts; Detective Martin Alger; Detective Walter Swenson; Detective Anthony Kosior; Detective Sergeant Dan Severin

District Court, E.D. New York · Jan 27, 2026

In the context of a pre-trial in limine ruling, challenged evidence “should only be precluded when it is ‘clearly inadmissible on … Legal Arguments to the Jury Plaintiff posits Defendants should not resolve Brady materiality, favorability, or duty questions, nor raise qualified immunity, objective

McGowan v. United States

94 F. Supp. 3d 382 · District Court, E.D. New York · Mar 23, 2015

Even in those few areas where Bivens relief is available, it is established that federal prisoners must comply with the PLRA before seeking relief in federal *390 court. See Porter, 534 U.S. at 524 , 122 S.Ct. at 988 . … By relying so completely on the violation of the regulation as the sole basis for the existence of a duty and its breach, plaintiff has run squarely into the bar of sovereign immunity.

Bass v. World Wrestling Federation Entertainment, Inc.

129 F. Supp. 2d 491 · District Court, E.D. New York · Feb 14, 2001

Thus, the terms “severe” and “pervasive” work in tandem to qualify what acts, evaluated in light of the totality of the circumstances, 3 rise to the level of actionable discrimination. … Here, Plaintiff clearly knew of Lombardi’s involvement when she filed her original Complaint.

Barry v. City of New York

933 F. Supp. 2d 416 · District Court, E.D. New York · Mar 21, 2013

It is well established that a claim that “[a], municipal policy or ordinance is itself unconstitutional is always sufficient to establish the necessary causal connection between the municipality and the constitutional deprivation … Barry’s favor would clearly redress his injury and prevent future injury.

Jones v. Chappius

District Court, E.D. New York · Mar 26, 2020

On December 13, 2018, I denied both motions as moot because the ineffective assistance of counsel claims were time barred, his circumstances did not qualify for equitable tolling and he did not establish that he should … For the purposes of federal habeas review, “clearly established law” means “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state- court decision.” Williams v.

Ahlschlager v. Imhof

District Court, E.D. New York · Dec 19, 2024

To prevail on her Title II ADA claim for reasonable accommodations, Plaintiff must establish that (1) she is a qualified individual with a disability; (2) SCDSS is subject to the ADA; and (3) Plaintiff was denied the opportunity … While SCDSS has a valid interest in protecting the health and safety of shelter residents, the Court finds that the balance of equities clearly tips in favor of the Plaintiff.

Purcell v. City of New York

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

“[T]he objective reasonableness inquiry, for purposes of either Fourth Amendment liability or qualified immunity, depends only upon the officer’s knowledge of circumstances immediately prior to and at the moment that he … Under all of these circumstances, Defendants clearly were justified in using deadly force against Tyree. Tennessee v.

Copley v. Bactolac Pharmaceutical, Inc.

District Court, E.D. New York · Mar 10, 2021

The first two items clearly do not constitute advertising. With respect to the third, a product label could arguably qualify, but it is undisputed that NaturMed produced the labels for ADEG. … However, the plaintiffs must still establish that Bactolac is a “supplier,” which is defined as a “seller, lessor, licensor or professional who advertises, solicits, or engages in consumer transactions, or a manufacturer