Case law

Collins v. The Long Island Railroad Company

District Court, E.D. New York · Jun 23, 2023

“Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” Gorbea v. … Plaintiff is, of course, free to establish at trial whether a circular saw with a metal cutting blade was or was not available and clear up any misunderstanding he believes may occur.

National Advertising Co. v. Town of Babylon

703 F. Supp. 228 · District Court, E.D. New York · Jan 4, 1989

Clearly, National meets the threshold test of alleging an “injury in fact” sufficient to give rise to a case or controversy. See Baker v. Carr, 369 U.S. 186, 204 , 82 S.Ct. 691, 703 , 7 L.Ed.2d 663 (1962). … vaguely defined events, shows an impermissible favoritism for certain types of non-commercial speech and certain types of speakers and, additionally, leaves open the door to abuse of discretion in determinations of who qualifies

Buildex Inc. v. Kason Industries, Inc.

665 F. Supp. 1021 · District Court, E.D. New York · Jun 30, 1987

Erich Maier’s memorandum of May 21, 1982 (DX-F1 annexed to defendant’s request for reconsideration) clearly and convincingly establishes that he and Buildex’s employees were involved in the invention from the outset. … The preceding sentence is written with the Federal Rules of Appellate Procedure clearly in mind. See Fed.R.

J & J Sports Productions, Inc. v. Enriquez

District Court, E.D. New York · Oct 7, 2019

. ¶ 24; the transmission was “scrambled” such that “[i]n order for the signal to be received and telecast clearly, it had to be decoded with electronic decoding equipment,” which was provided to establishments authorized … In EMI, the Second Circuit held that the bar is not high for financial interests to qualify as “obvious and direct.” See id. at 99.

Hossain v. Trans Union, LLC

District Court, E.D. New York · Oct 24, 2022

Ct. 2190, 2205 (2021), which established, in the context of a FCRA action, that “even when a defendant violates a statute such as the FCRA, the plaintiff has not necessarily suffered an injury-in-fact sufficient to establish … A harm qualifies as “concrete” where it bears “a ‘close relationship’ to a harm ‘traditionally’ recognized as providing a basis for a lawsuit in American courts,” such as “physical and monetary harms, along

Whitley v. Building Service 32BJ Health Fund

District Court, E.D. New York · Mar 4, 2021

The letters that Plaintiff received from Defendants denying her applications for disability benefits in 2008 and 2011 clearly and accurately state that Plaintiff had the right to appeal—and, indeed, had to appeal before … To qualify for an LTD Benefit under the Health Fund, a claimant must “become totally disabled while working in covered employment” (A.R. 93), and to qualify for a Disability Pension under the Pension Fund, a claimant must

Colella v. Atkins Nutritionals, Inc.

348 F. Supp. 3d 120 · District Court, E.D. New York · Dec 7, 2018

In 21 U.S.C. 343-1(a)(5), Congress established, in relevant part: [N]o State or political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food in interstate … He is wrong as a matter of established law.

MingJi Ave4 Realty, LLC v. Colony Insurance Company

District Court, E.D. New York · Mar 5, 2024

Horn expressly rejected the notion that a COI is alone sufficient to establish coverage. See id. … P. 15(a)(2), however, and because an estoppel claim would not clearly be futile or unduly prejudicial, see McCarthy v.

Grief v. Nassau County

District Court, E.D. New York · Feb 2, 2022

The district judge “must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law.” … elicited plenty of information in that regard at his deposition (including through the use of his mental health records) that should easily cause them to conclude that Plaintiff is a qualified

Leykis v. NYP Holdings, Inc.

899 F. Supp. 986 · District Court, E.D. New York · Aug 2, 1995

In this case, however, plaintiffs failed to clearly allege representative liability against Murdoch. … persons over the age of 40 because of their age; and b) Designing, establishing, implementing and maintaining other employment policies and practices which are and were motivated by age-based considerations and which, in

Federal Deposit Insurance v. Hodge

50 F. Supp. 3d 327 · District Court, E.D. New York · Sep 26, 2014

Furthermore, Plaintiff must establish that his injury was foreseeable. See Sanchez v. … Burke, a former AmTrust Senior Qualify Control Analyst/SIU, identified the title commitment with erroneous chain of title information, as the title commitment which was received and maintained by AmTrust in the regular course

Artec Europe S.À.R.L. v. Shenzhen Creality 3D Technology Co., Ltd., and Shenzhen Jimuyida Technology Co., Ltd.

District Court, E.D. New York · Jul 23, 2026

“The proffering party bears the burden of establishing admissibility under Rule 702 by showing that (1) the expert is qualified; (2) the proposed opinion is based on reliable data and methodology; and (3) the proposed testimony … Given DeBaere’s clearly articulated reasoning for the average time savings figure at which he arrives, Defendants’ argument that this figure is without basis and the result of a speculative assumption is unavailing.

United States v. Brown

606 F. Supp. 2d 306 · District Court, E.D. New York · Mar 9, 2009

Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds. See also Baxter Diagnostics, Inc. v. … Accordingly, Brown's July 1997 conviction qualifies as a crime "punishable ... by imprisonment in excess of one year” as prescribed by Rule 609(a). 4 .

Robles v. Medisys Health Network, Inc.

District Court, E.D. New York · Jun 19, 2020

unless [a plaintiff] also establishes that, at least with the aid of some identified accommodation, [the plaintiff] was qualified for the position at issue.” Id. at 101. … In order for a plaintiff to establish a prima facie case in accordance with this framework, he “must establish that 1) he exercised rights protected under the FMLA; 2) he was qualified for his position; 3) he suffered an

Kurtz v. Kimberly-Clark Corp.

321 F.R.D. 482 · District Court, E.D. New York · Mar 27, 2017

Nicosia did not establish a likelihood of future or continuing harm. … This is clearly improper”). Whether entry of a permanent injunction is appropriate is a decision that should be made on a full evidentiary record.

Owens v. Delta Airlines, Inc.

District Court, E.D. New York · Jan 23, 2025

Third element: Qualified A “qualified individual” is “one who, with or without reasonable accommodation, can perform the essential functions of the employment position that such … Plaintiff’s “burden is not heavy: It is enough for the plaintiff to suggest the existence of a plausible accommodation, the cost of which, facially, do not clearly exceed its benefits.” McMillan v.

Kizhakkeyveettil Abdul Rahiman v. Bjarke Ingels Group. NYC LLC

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

Nor does the additional video establish copyright infringement. … While the statement is inaccurate and gratuitous, the defendant made it in connection with the litigation; thus, the defendant is entitled to immunity under New York law.

DeFreitas v. Toulon Jr.

District Court, E.D. New York · Mar 18, 2025

“Section 1983 creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. … However, “[i]t is well-established that [neither] mere disagreement over the proper treatment,” Chance v.

El-Ghazaly

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

Fitzgerald came to Fierro’s defense, maintaining that she was a qualified urology attending. In August 2023, Fierro resigned. … That’s enough to establish that Fitzgerald was acting under color of state law at the pleading stage. See id.

Rabenstein v. Sealift, Inc.

18 F. Supp. 3d 343 · District Court, E.D. New York · May 9, 2014

As chief mate, Plaintiff was second in command to the master and was qualified to take over command of the Sagamore if the master were to become ill or injured. (Def. 56.1 ¶ 17; Pl. 56.1¶ 17.) b. … “[I]t is an established rule of ancient respectability that oral contracts are generally regarded as valid by maritime law.” Kossick v.