Case law

Duffy v. INTERN. UNION OF OPERATING ENGINEERS

795 F. Supp. 2d 246 · District Court, E.D. New York · Jun 29, 2011

But, "loss of wages by an identifiable group of employees does not qualify as irreparable harm in the Second Circuit." United States v. … Here, even if the terms "bad moral character" or "good moral character" are not clear, conduct involving extortion and mail fraud is consistent with the former and antithetical to the latter; as such, such conduct clearly

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

Vera v. The 6 Group, LLC.

District Court, E.D. New York · Feb 5, 2025

Finally, Defendants argue that Plaintiff’s NYLL Wage Statement and Notice Claims should be dismissed because Plaintiff has not established Article III standing to bring those claims. … Construction-related tasks are clearly integral to the success of a company performing construction work. Cf., e.g., Hart, 967 F.

Jusino

District Court, E.D. New York · Mar 31, 2026

levels using his letter board and a qualified teacher trained in [the] RPM.” (Id. ¶ 43 (alterations accepted).) … By the plain meaning of each provision, a plaintiff need not be an individual with a disability to be entitled to relief under the ADA or the Rehabilitation Act: the enforcement provision of each statute, instead, clearly

Uychiat

District Court, E.D. New York · Aug 25, 2026

The evidence establishes Serana’s liability under any of the standards, including a Title VII one. See Banks v. Gen. … Accordingly, Uychiat has not identified any special damages, and has not established his defamation claim as a matter of law.

Mutterperl v. Griffin

District Court, E.D. New York · Aug 16, 2019

(“for this procedural default rule to apply, the state court must have clearly and expressly stated that its judgment rested on a state procedural bar. . . . … established” at the time of the adjudication. ...

Hamilton v. Accu-Tek

62 F. Supp. 2d 802 · District Court, E.D. New York · Jun 3, 1999

In mass toxic tort cases, for example, determining whether the plaintiff has established cause-in-fact ordinarily necessitates a two-fold inquiry: “whether the epidemiological or other scientific evidence establishes a causal … This flexibility on burden of proof is clearly warranted as to damages. See, e.g., Blue Cross & Blue Shield of New Jersey, 36 F.Supp.2d 560, 585 (E.D.N.Y.1999).

Lagoa

District Court, E.D. New York · Jun 24, 2026

However, the United States Court of Appeals for the Second Circuit has “clearly stated that the AEDPA limitations period will only be [equitably] tolled in ‘rare and exceptional circumstance[s].’” See Bolarinwa v. … To qualify for equitable tolling, a habeas petitioner must establish “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.”

In re Cronos Group Inc. Securities Litigation

District Court, E.D. New York · Jul 20, 2026

As typicality is established, Lead Plaintiff may be appointed as Class Representative for the class because Lead Plaintiff’s interest, as established in the foregoing and subsequent sections, mirrors that of the proposed … Here, the proposed class is clearly ascertainable as it can be defined with objective criteria.

American Federation of State, County & Municipal Employees v. Nassau

799 F. Supp. 1370 · District Court, E.D. New York · Aug 24, 1992

Michelson simply did not coded certain phrases in job specifications that clearly have significance as to the setting of salaries. … more, establish the broader claims of the plaintiffs in this action. 3.

Alcantara v. Donaghue

District Court, E.D. New York · May 6, 2022

Id. at 36.7 Here, the Court need not decide whether plaintiff was deprived adequate care for a 6 Defendants’ throwaway argument that they should be granted qualified immunity at the very least because … sufficiently serious medical condition because no reasonable jury could find that either defendant had the mens rea requisite to establish liability.

Chen v. Miller

District Court, E.D. New York · Jan 13, 2025

“A principle is ‘clearly established Federal law’ for [section] 2254(d)(1) purposes ‘only when it is embodied in a [Supreme Court] holding,’ framed at the appropriate level of generality.” Washington v. … Such an unreasonable application of clearly established federal law “must be objectively unreasonable, [and] not merely wrong.” Id. (alteration in original) (quoting White v. Woodall, 572 U.S. 415, 419 (2014)).

Vidal v. Nielsen

291 F. Supp. 3d 260 · District Court, E.D. New York · Mar 29, 2018

As the memorandum that launched the DACA program (the "2012 DACA Memo") states clearly, no such rights exist. … At least in theory, individuals who would have been eligible for deferred action and work authorization under the DACA program may still qualify for those benefits based on their *273 individual circumstances.

Nasso v. Seagal

263 F. Supp. 2d 596 · District Court, E.D. New York · Apr 11, 2003

A corporation with no authority to conduct business in New York may obtain such authority after it has already commenced an action and thereby become qualified to maintain that action. See Jaisan, Inc. v. … These allegations are insufficient to establish presence under Section 301. See, e.g., Donahue v. Far E. Air Transp.

Mancha v. Department Superintendent

District Court, E.D. New York · Dec 19, 2023

The Appellate Division’s conclusion was not contrary to, or an unreasonable application of, clearly established Supreme Court precedent on this topic. … Washington, 466 U.S. 668 (U.S. 1984), or any other clearly established Supreme Court precedent.

Oppenheimer-Palmieri Fund, L.P. v. Peat Marwick Main & Co.

812 F. Supp. 338 · District Court, E.D. New York · Jan 20, 1993

Peat Marwick cites no authority for the proposition that Congress intended to immunize such culpable conduct for such purely formal reasons. … The Enstar Group, Inc., 755 F.Supp. 1247, 1258 (D.Del.1991) (“If any member of the public who might choose to invest in the [corporations’s] common stock were to qualify as part of the protected class, then the ‘limited group

Furman v. Rich

District Court, E.D. New York · Jul 14, 2020

After conducting a “[m]edical examination” and “investigation,” the Medical Board issues a certification to the BOT as to whether the applicant qualifies for ADR benefits. Id. … To assert a claim under Section 1983, a plaintiff must establish that a person acting under color of state law deprived them of rights, privileges, or immunities guaranteed by the Constitution

Gioia

District Court, E.D. New York · Jun 26, 2026

Although the financial information reported is sparse, the Court finds that Gioia is qualified by her financial 11 status to commence this action without … Dec. 18, 13 2008) (“[T]he cases are legion that pro se status does not excuse a failure to follow clearly- enacted rules of court.”

Bradley v. Colvin

110 F. Supp. 3d 429 · District Court, E.D. New York · May 20, 2015

Spindell’s testimony and failing to give any weight to Bradley’s treating physicians, ALJ Hop-penfeld clearly erred. See Vargas v. … The evidence in the record clearly shows that Bradley is disabled and incapable of performing even sedentary work.

Goldberg v. Tracy

247 F.R.D. 360 · District Court, E.D. New York · Jan 23, 2008

“Clearly established federal law” refers only to the holdings of the Supreme Court. Williams, 529 U.S. at 412, 120 S.Ct. 1495 . … Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) as the “clearly established federal law, as determined by the Supreme Court.” Lindstadt v. Keane, 239 F.3d 191, 204 (2d Cir.2001). But see U.S.