Case law

Lavender v. Verizon Inc.

District Court, E.D. New York · Feb 9, 2023

“An employee is qualified for a position only if she can perform its essential functions.” McBride, 583 F.3d at 98. … existence of a reasonable accommodation “is not a heavy one, requiring only that the plaintiff ‘suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly

Natlional Asbestos Workers Medical Fund v. Philip Morris, Inc.

74 F. Supp. 2d 221 · District Court, E.D. New York · Sep 7, 1999

Aetna Cas. & Surety Co., 338 U.S. 366 , 382 n. 19, 70 S.Ct. 207 , 94 L.Ed. 171 (1949) (insureds and insurers “clearly not ‘indispensable’ parties”); Krueger v. … Plaintiffs have alleged sufficient facts in their complaint to establish that, if proven, they are entitled to some relief.

Daniels v. Hofstra University

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

Under that framework, the plaintiff bears the initial burden of establishing a prima facie case of discrimination by showing “(1) he belonged to a protected class; (2) he was qualified for the position he held; (3) he suffered … That explanation sounds persuasive at first blush but is not clearly supported by admissible evidence concerning Hofstra’s sizeable budget or historical practices surrounding small departments.

Du Pont Cellophane Co. v. Waxed Products Co.

6 F. Supp. 859 · District Court, E.D. New York · May 11, 1934

Under these conditions, the question was whether Bayer could establish a secondary meaning. … This case is clearly distinguished from the Bayer Case.

Licausi v. Griffin

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

“Clearly established Federal law” means holdings, as opposed to dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” … Given petitioner’s pro se status, however, the Court construes petitioner’s argument that the New York courts engaged in an unreasonable application of clearly established federal law.

Hall v. EI Du Pont De Nemours & Co., Inc.

345 F. Supp. 353 · District Court, E.D. New York · May 18, 1972

Such facts, if proven, are clearly relevant to the question of defendants’ duty of care, but they do not warrant a judgment in their favor on a motion to dismiss. … While the manufacturer was immune from liability during an initial period when “there was no known or foreseeable risk involved in taking [the drug],” “after further experience, the danger became apparent [and] a duty to

Young v. Cabrera

District Court, E.D. New York · Feb 6, 2023

But plaintiff failed to object to this instruction during the charge conference, see 6/10/22 Tr. 343–62, and thus cannot obtain relief on this ground without establishing plain error, see Fed. R. Civ. P. 51(d)(2). … immunity for doing so.

Weisshaus v. Cuomo

District Court, E.D. New York · Jun 21, 2021

. § 1983, applies only if the plaintiff suffered a “deprivation of any rights, privileges, or immunities secured by the Constitution.” Id. (emphasis added). … This language “clearly” showed that Congress intended “to recognize the power of the states,” id., just as the Public Health Service Act does today.

Koso v. St. Josephs Senior Housing Village

District Court, E.D. New York · Aug 14, 2019

Moreover, even if Plaintiff’s unspecified disability qualified as a “handicap” under the FHA, the Amended Complaint includes only bare and conclusory allegations that Plaintiff was denied housing because of this handicap … The second amended complaint shall be clearly labeled “Second Amended Complaint,” shall bear the same docket number as this Order, 18-CV-0290, and must be filed within thirty (30) days of this Order.

Flash Electronics, Inc. v. Universal Music & Video Distribution Corp.

312 F. Supp. 2d 379 · District Court, E.D. New York · Mar 31, 2004

Plaintiffs have not alleged sufficient facts to establish that any such agreement existed. … Plaintiffs assert that because each movie is a unique product, it has no adequate substitute, and therefore defendants are immune to the downward pressure on price caused by interbrand competition, which in a properly functioning

Guma v. The City of Long Beach

District Court, E.D. New York · Jul 7, 2025

[A]n essential concomitant of adequate representation is that the party's attorney be qualified, experienced and generally able to conduct the proposed litigation. … Here, the proposed class is clearly ascertainable as it can be defined with objective criteria.

Hernandez

District Court, E.D. New York · Feb 5, 2026

Nor can a plaintiff direct prosecutors to initiate a criminal action as such a decision is “immune from control or interference by citizen or court.” Connecticut Action Now, Inc. v. … Plaintiff fails to state she is a qualified individual under the statute.

Eiklor v. Lowe's Home Centers, LLC

District Court, E.D. New York · Nov 9, 2022

“A party asserting the work-product doctrine as a bar to discovery bears the burden of establishing the applicability of the doctrine.” Danza, 2012 WL 832289, at *1. … In support of its position that the emails are immune from discovery under the work-product doctrine, Defendant relies on Gray v. Denny's Corp., No. 5:09-CV-746 (NPM) (ATB), 2010 WL 11566295 (N.D.N.Y. May 19, 2010).

Nicosia v. Amazon.com, Inc.

84 F. Supp. 3d 142 · District Court, E.D. New York · Feb 4, 2015

Service, or to any products or services sold or distributed by Amazon or through Amazon.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify … In his complaint, Plaintiff clearly states that on two specific dates, in February and again in April 2013, he made purchases on Ama-zomcom’s website using his credit card, for which he was charged and not refunded $37.83

Stephenson-Ortiz v. Simons Agency, Inc.

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

“[I]n a suit for damages, the mere risk of future harm, standing alone, cannot qualify as a concrete harm.” Id. at 2210–11. … Accordingly, plaintiff cannot establish Article III standing from the mere fact that her credit score may have been adversely affected.

Meadows v. PLANET AID, INC.

676 F. Supp. 2d 83 · District Court, E.D. New York · Nov 4, 2009

At some point prior to Plaintiff preparing his vehicle for work, “Plaintiff clearly expressed to defendant that he was in sincere need of a long-term job and would not and could not afford to borrow money ‘to put his van … In addition, the New York Court of Appeals has held that the wrongful discharge of an at-will employee, even if “abusive,” does not qualify as “extreme and outrageous conduct.”

Kassim v. CVS Albany, L.L.C.

District Court, E.D. New York · Sep 20, 2022

scope of the qualifier—decided by an arbitrator.” Id. at 1031–32. … The Second Circuit therefore held that in such cases where a qualifying provision of an arbitration clause “arguably covers” the dispute between the parties, courts should not find that the parties “clearly and unmistakably

Integrity Social Work Services, LCSW, LLC v. AZAR

District Court, E.D. New York · Oct 1, 2021

has only waived sovereign immunity for claims arising under the Medicare Act to claims brought pursuant to the Medicare Act. … Rather, the court emphasized that it found delegation of this nature to a competitor to be “clearly arbitrary.” Id.

Daniels v. Royce

District Court, E.D. New York · Jan 2, 2023

This conclusion was not an unreasonable application of clearly established federal law. … This determination on the merits contravened no clearly established law and rested on no unreasonable determination of fact.

Martinez v. City of New York

District Court, E.D. New York · Sep 30, 2021

immunity covers their actions. … Because a plaintiff may recover on a failure to intervene theory only by showing that the purported failure led to the denial of clearly established statutory or constitutional rights, Ricciuti, 124 F.3d at 129, a “failure