Case law

Jones v. Sea Tow Services Freeport New York, Inc.

828 F. Supp. 1002 · District Court, E.D. New York · Jul 21, 1993

The Fifth Circuit affirmed, determining that the lower court’s findings of fact were not clearly erroneous. Id. at 470 . … Clearly, these designations indicate that the parties contemplated enforcement of this award in Great Britain. Cf. Wilson v.

Tower Air, Inc. v. Federal Express Corp.

956 F. Supp. 270 · District Court, E.D. New York · Oct 15, 1996

United States, 341 U.S. 593 , 71 S.Ct. 971 , 95 L.Ed. 1199 (1951), the Supreme Court ruled that the mere label of “joint venture” is not enough to immunize such combinations from illegal restraint of trade. 341 U.S. at 597 … In these circumstances, the defendant’s actions must be so obviously harmful to competition and so clearly lacking in any redeeming pro-competitive values that they are conclusively presumed illegal without further examination

United States v. MacKey

405 F. Supp. 854 · District Court, E.D. New York · Nov 14, 1975

The minutes of Mazza’s testimony before the grand jury reveal very little, if anything, that would qualify as a confidential communication from the defendant Mackey. … The Court concluded that: “Mo persuasive reasons are advanced for establishing such a rule.

United States v. Juvenile Male

754 F. Supp. 2d 569 · District Court, E.D. New York · Dec 14, 2010

Given the presumption that exists in favor of juvenile adjudication, the burden is on the government to establish by a preponderance of the evidence that transfer is warranted. … Drob was careful to avoid stating that the defendant lacked the maturity of an adult; instead, he qualified his testimony to state that the defendant lacked the maturity of a “well functioning” adult. (Id. at 26:1-6.)

In re Toys "R" Us Antitrust Litigation

191 F.R.D. 347 · District Court, E.D. New York · Feb 17, 2000

Guidelines for evaluating whether the settlement is fair and the class members’ interests adequately protected are well established in this circuit. … Eisenstadt’s computations, the proposed settlements totaling almost $57 million are clearly adequate.

In Re the Complaint of Del-Marine, Inc.

520 F. Supp. 2d 422 · District Court, E.D. New York · Oct 24, 2007

McGuirk testified that Starito’s boat operating ability was exceptional; he was most qualified to test the boat; and he had no prior accidents. … Aradhya testified that as of the August 7, 2006 visit, Linda did not clearly have RSD at that time, but she had features of a neuropathic pain state. However, after tests performed by Dr.

Williams v. City of New York

District Court, E.D. New York · Mar 31, 2021

In addition, Officer Jeanlouis argues that he is entitled to qualified immunity on all of plaintiff’s claims. … But an acquittal after trial establishes the absence of proof beyond a reasonable doubt, not the absence of probable cause. See Mitchell, 786 F.

United States v. Wilson

920 F. Supp. 2d 287 · District Court, E.D. New York · Jun 22, 2012

The burden is on the defendant to establish each of these prongs by a preponderance of the evidence. See Davis, 611 F.Supp.2d at 474 . … Dec. 19, 1995) (“The weight of authority is clearly against the presence of counsel at a[ mental] examination.”).

Brown

District Court, E.D. New York · Dec 17, 2025

To establish negligence, a party must establish both cause-in-fact and proximate causation. Jurgens, 113 F. Supp. 2d at 397. … Cause-in-fact causation may be established either by establishing that their adversary’s negligence constituted either “‘a substantial factor in producing’ the injury,” In re Treanor, 144 F.

Young v. Collado

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

established Federal law," Harrington, 562 U.S. at 98. … This Court will not disturb the Appellate Court's finding unless Young can show that it "involved an unreasonable application of[] clearly established Federal law." 28 U.S.C. § 2254(d)(1).

United States v. Brennan

629 F. Supp. 283 · District Court, E.D. New York · Feb 3, 1986

Second, it excluded those portions of the bribes that the defendant gave to his intermediary, Anthony Bruno, even though such payments clearly furthered the defendant’s corrupt scheme. … If the defendant refuses to testify, he can be granted immunity pursuant to 18 U.S.C. § 6002 .

Evans v. NexTech AR Solutions Corp.

District Court, E.D. New York · Feb 23, 2024

“The use of the definite article, ‘the’, clearly implies a reference to a singular, specific, referent.” See Kocherkewych v. Greyhound Can. Transp. Corp., 2006 CarswellBC 808, para. 77 (Can. … But that record does not come close to establishing that Plaintiffs had “a full knowledge of rights” and “an unequivocal and conscious intention to abandon them” needed to establish waiver.

Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.

178 F. Supp. 2d 198 · District Court, E.D. New York · Oct 19, 2001

Krosnick was fully qualified by training, experience, and his published studies supporting his views. He employed standard survey procedures and analysis. Dr. … No case holds that when deception is alleged, unrelated regulatory supervision immunizes. Blue Cross & Blue Shield of N.J., Inc., 133 F.Supp.2d at 176 .

Stone v. Johnson

District Court, E.D. New York · Jan 11, 2024

A petitioner's failure to comply with a state procedural rule qualifies as such an adequate and independent state ground, provided that (1) the state court actually "relied on the procedural bar as an independent basis … This Court will not disturb the Appellate Court's finding unless Stone can show that it "involved an unreasonable application of[] clearly established Federal law." 28 U.S.C. § 2254(d)(1).

Pertusiello v. Commissioner of Social Security

District Court, E.D. New York · Mar 31, 2021

This helps to decrease swelling (inflammation) and weaken your immune system, which slows or stops the damage from the disease.” … He had been receiving Remicade treatment for eight or nine years, but it was “not working as much as it used to,” because “[he’s] so immune to it.” (Tr. 46.)

Larsen v. A.C. Carpenter, Inc.

620 F. Supp. 1084 · District Court, E.D. New York · Oct 15, 1985

Relatedly, along with proximate cause, erwinia qualifies for another legal label— inherent vice. See Vana Trading Co. v. S.S. … Despite that sweeping immunity, Larsen’s liability is pressed for the nonre-frigeration and improper stow.

U.S. Bank National Association v. Sager

District Court, E.D. New York · Sep 23, 2022

And, clearly, given the withdrawal of the demand for a deficiency judgment, the proper parties are those individuals with a demonstrated interest in the subject residence. … As Judge Seybert has held: Cases interpreting Rule 25(a)(1) have established that a person may qualify as a decedent's legal successor under Rule 25(a)(1) if she is: “(1) the primary

Martin v. Giordano

185 F. Supp. 3d 339 · District Court, E.D. New York · May 9, 2016

This rule "establishes a procedure for presenting claims for attorneys’ fees.” Fed. R. Civ. P. 54(d)(2) advisory committee’s note to 1993 amendment. … Neither party disputes that defendants qualify as "prevailing parties” within the meaning of the statute. See Carter v. Inc.

Lujan v. Cabana Management, Inc.

284 F.R.D. 50 · District Court, E.D. New York · Jul 26, 2012

In their reply, defendants counter that the 7/5/11 Declarations do not qualify as work product and that plaintiffs’ failure to provide a privilege log undercuts their assertion of the privilege. … Defendants emphasize that the Court did not establish procedures for contacting “current employees” until July 29, 2011 — nearly a month after discovery closed.

Smith v. Doe

District Court, E.D. New York · May 27, 2022

Bachmann, 983 F.3d 609, 618 (2d Cir. 2020) (“To establish a violation of § 1983 by a supervisor, as with everyone else, then, the plaintiff must establish a deliberate, intentional act on the part of the defendant to violate … Any amended complaint shall: (1) bear docket number 22-CV-0017(GRB)(JMW); (2) be clearly labeled “second amended complaint”; and (3) be filed within thirty (30) days from the date of this order.