Case law

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.

Safeguard Insurance v. Angel Guardian Home

946 F. Supp. 221 · District Court, E.D. New York · Oct 28, 1996

It is well established that compliance with a notice of occurrence provision in an insurance policy is a condition precedent to coverage of a claim. Commercial Union Ins. Co. v. … The New York State Court of Appeals has established that the public policy of the state “precludes indemnification for punitive damages.” Soto v. State Farm Ins.

Calix v. United States

District Court, E.D. New York · Sep 30, 2023

But “in the unique context of the FTCA,” where the United States is entitled to sovereign immunity unless a claim is cognizable under 28 U.S.C. … Instead, plaintiff attempts to establish this policy by relying upon a chain of inferences that (1) “placement of an inmate into Unit” N-1 “qualifies as placement into” a special housing unit, or “SHU”; (2) “inmates placed

First Keystone Consultants, Inc. v. Schlesinger Electrical Contractors, Inc.

871 F. Supp. 2d 103 · District Court, E.D. New York · May 15, 2012

Forman, 906 F.Supp. 929, 936 (S.D.N.Y.1995) (concluding that “the arbitration proceeding qualifies as ‘an action for money damages.’ ”); One Hundred Pearl Ltd. v. … Here, the undisputed record evidence clearly establishes that the Solomons exercised sufficient control over FKC to have “dominated” it with respect to the challenged conveyances for purposes of the first prong.

Teri Woods Publishing, LLC v. Amazon.Com, Inc.

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

Amazon and Audible then use the total minutes of Qualified Listens to calculate their royalty payments to Woods Publishing. Id. … The parties clearly knew how to specify when payment was due on a per unit basis.

Vazquez v. Miller

District Court, E.D. New York · Mar 28, 2024

A state court decision is “contrary to” clearly established federal law if “the state court reached a conclusion of law that directly contradicts a holding of the Supreme Court,” or “when presented with ‘facts that … “To qualify as an adequate procedural ground, capable of barring federal habeas review, a state rule must be firmly established and regularly followed.” Johnson v.

United States v. Gotti

634 F. Supp. 877 · District Court, E.D. New York · May 13, 1986

He has previously been qualified and testified in federal courts concerning the structure and membership of organized crime in New York and the identities and rank of various persons in organized crime. … The evidence detailed above establishes clearly and convincingly that following the assassination of Paul Castellano in December of 1985 John Gotti became boss of the Gambino Family.

United States v. D.M.

942 F. Supp. 2d 327 · District Court, E.D. New York · May 3, 2013

The first was the use of the ‘special jury,’ which was composed of people summoned by the court because they were especially qualified by background and knowledge to decide the matter at issue.... … She notes in her report that: [S]tudies have clearly demonstrated that one of the most important factors in reducing the risk of relapse is stable employment, and [defendant], who has developed direction in his life and is

Pryor v. Rosenblatt

District Court, E.D. New York · Jul 16, 2025

A bankruptcy court’s decision to approve a settlement, “conclusively resolve[s] the adversary action by establishing the settlement amount and extinguishing claims.” … “Clearly an order is inconclusive where events which follow the order can move interested parties from a position of opposition to a position of support.” In re Am. Colonial Broad.

United States v. Corcoran

855 F. Supp. 1359 · District Court, E.D. New York · Jun 28, 1994

To have standing to object to a search, an individual must establish that he had a reasonable expectation of privacy in the place searched. See Rawlings v. … Those items were clearly relevant and admissible.

Abergel v. Professional Claims Bureau Inc.

District Court, E.D. New York · Aug 13, 2019

an in forma pauperis action where it is satisfied that the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … The statements plainly and clearly communicated to Plaintiff that he could contact Defendant Professional Claims Bureau, Inc.

Williams v. Richard

District Court, E.D. New York · Jun 9, 2021

Sept. 25, 2014) (“It is well established that there is no constitutional right to an investigation by government officials.” (alterations and citations omitted)), aff’d, 614 F. … “It has long been established, . . . that when [a] description could have applied to any number of persons and does not single out the person arrested, probable cause does not exist.”

Spetner

District Court, E.D. New York · Aug 13, 2026

PIB’s provision of financial services qualifies as a violation of 18 U.S.C. § 2339A. … Like in Kaplan, the sources clearly identify Salem as an “integral part” of the ALF.

Kosowski

District Court, E.D. New York · Nov 3, 2025

Defendants argued that such documents were protected from disclosure by the law enforcement privilege, a qualified privilege which establishes a presumption against … Legal Standards “[I]t is firmly established that [t]he power to punish for contempts is inherent in all courts.” Chambers v.

Chime v. Peak Security Plus, Inc.

137 F. Supp. 3d 183 · District Court, E.D. New York · Sep 29, 2015

Chime is “hardly, qualified to act as class representative in the propose<j- class action.” … Maersk Line, Ltd., 271 F.R.D. 444, 450 (S.D.N.Y.2010) (finding predominance where “common legal issues related to the members’ entitlement to overtime wages and the proper measure of such wages clearly predominate over” straightforward

United States v. Raniere

384 F. Supp. 3d 282 · District Court, E.D. New York · Apr 29, 2019

In fact, some of the work allegedly performed by DOS slaves clearly qualifies as "labor and services." ( See Compl. ¶ 50 (alleging that Jane Doe 1 was tasked with spending hundreds of hours reviewing dense articles and transcribing … The economic commerce under consideration in these two cases is clearly distinguishable from the instant commercial sex act analysis.

MIC General Insurance Corporation v. Qadri

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

Clearly, the intent and inescapable effect of deleting the ‘insured contract’ exception is to deny coverage for all bodily injury claims, both common-law and contractual alike; to deprive the provision of this meaning … Exception, as discussed below, and the “insured location” question would have to be resolved in Qadri’s favor to qualify for the Office Rental Exception.

Holmes

District Court, E.D. New York · Apr 17, 2026

In response, the Second Circuit established a new test for evaluating a waiver. … Supp. 3d at 156 (explaining that a plaintiff can establish a prima facie case by showing that: (1) he exercised rights protected under the FMLA; (2) he was qualified for his position; (3) he suffered an adverse employment

United States v. Dharia

284 F. Supp. 3d 262 · District Court, E.D. New York · Jan 9, 2018

The committee believes that losses in which the amount of the victim's losses are speculative, or in which the victim's loss is not clearly causally linked to the offense, should not be subject to mandatory restitution. … It appears that the special master would only be able to provide funds to those who qualified as "victims" under the MVRA, which would not help most of the additional restitution claimants.

Bay Casino, LLC. v. M/V ROYAL EMPRESS

5 F. Supp. 2d 113 · District Court, E.D. New York · May 11, 1998

Clearly, this is not the normal charter agreement and upon further review it appears to me that certain amendments should be considered to properly reflect the type of relationship which actually exists. … However, even if a foreign defendant “is found to be within the district in the jurisdictional sense, its property is not immune from attachment.” Navieros, 120 F.3d at 315 , quoting United States v.