Case law

Lamarca v. United States

31 F. Supp. 2d 110 · District Court, E.D. New York · Jan 11, 1999

Smith testified that her father couldn’t breathe because of the fluid buildup in his lungs from the congestive heart failure and that this difficulty breathing was clearly audible. Id. … Causation Having established that a duty was breached, the plaintiff must also “establish that defendant’s negligence was the proximate cause of plaintiffs injury.” Dia v.

Sigalovskaya v. Braden

District Court, E.D. New York · Sep 29, 2023

disregard of instructions governing his conduct and of Hernandez’s constitutional rights[]” and used “lethal force against a person who pose[d] no immediate threat to the officer and no threat to others[, which] surely qualifie … allowing a Bivens remedy that impinges on” foreign policy concerns because “matters relating ‘to the conduct of foreign relations . . . are so exclusively entrusted to the political branches of government as to be largely immune

Harrison

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

Plaintiffs, meanwhile, argue that the APA merely provides the waiver of sovereign immunity necessary to challenge the federal government’s actions in court, and that Section 706 is not the appropriate standard of review … Plaintiffs, on the other hand, contend that APA Section 706 is only a vehicle that waives the federal government’s sovereign immunity and is not dispositive of which standard applies.

Cavanaugh v. Northwell Health, Inc.

District Court, E.D. New York · Mar 24, 2025

Eberle was not qualified to function as a senior project manager, and Schleicher asked Cavanaugh to train and mentor Eberle. … Her complaint only clearly alleges one cause of action: age discrimination under the NYSHRL. Compl. 18.

Klein

District Court, E.D. New York · Apr 1, 2026

“To qualify as ‘consumer-oriented conduct,’ a defendant’s acts or practices ‘need not be repetitive or recurring,’ but ‘must have a broad impact on consumers at large; private disputes unique to the parties . . . would … To establish a breach of the duty, “a party’s action must directly violate ‘an obligation that may be presumed to have been intended by the parties.’” Thyroff v. Nationwide Mut. Ins.

Kanciper v. Suffolk County Society for the Prevention of Cruelty to Animals, Inc.

925 F. Supp. 2d 379 · District Court, E.D. New York · Feb 23, 2013

In order to qualify as a peace officer, an individual must complete a short training course sponsored by the New York State Division of Criminal Justice. … The Defendants assert that the causes of action set forth by the Plaintiff clearly fit the Pullman abstention doctrine.

Fidelity Funding of California, Inc. v. Reinhold

79 F. Supp. 2d 110 · District Court, E.D. New York · Oct 22, 1997

As for the other Account Debt- or defendants — Masel, UTA, and Thrifty— it is clear as a matter of law that they did commit two crimes that qualify as RICO predicate acts. … According to § 3-307(l)(b)(2) of the New York U.C.C., “[w]hen signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense.”

United States v. Wilson

493 F. Supp. 2d 348 · District Court, E.D. New York · Jun 8, 2006

The longer the expected duration of a case, the greater the risk that qualified jurors will be unable to serve. This, of course, works to the prejudice of the defendants, the Government and the judicial system. … The Government argues that any privileges relating to these materials have “clearly been waived by their production to two different prosecuting offices,” but maintains that it is waiting turning them over “in an excess of

Etere v. Nassau County

District Court, E.D. New York · Nov 29, 2021

Additionally, the Court observes that Carniol pre-dates United States Supreme Court precedent establishing the requirement for a warrant to search the contents of a cell phone, which the Court presumes, (for purposes of … While Carpenter and its progeny may be relevant to a motion for summary judgment based on qualified immunity, those cases are not relevant here, where the lack of discovery makes consideration of that defense premature.

John-Baptiste v. HSBC, USA, N.A.

District Court, E.D. New York · Apr 29, 2025

She also did not report behavior which she clearly understood to be unethical. Based on her actions, [Plaintiff's] employment is being terminated as of this day. Preston Decl., Ex. … The parties dispute whether Plaintiff has established a prima facie case. Compare Def. Mem. at 14-19 with Pl. Mem. at 12-16.

B & R Supermarket, Inc. v. Visa, Inc.

District Court, E.D. New York · Aug 14, 2024

First, Amex contends that it has sufficiently established the existence of an arbitration agreement. … to establish the existence of arbitration agreements.

McGrath v. Fire Department of the City of New York

District Court, E.D. New York · Aug 8, 2019

“(1) a conspiracy; (2) for the purposes of depriving a person or class of persons the equal protection of the laws, or the equal 10 privileges and immunities … For a complaint to qualify as a protected activity, an employee need not lodge a formal complaint of discrimination. See Cruz v.

Zambrano v. Envios Espinoza, Inc.

District Court, E.D. New York · Jul 1, 2025

Nor do Plaintiffs attempt to argue that their work qualifies as work in the channels of interstate commerce. … Moreover, the Court’s independent review of the record reveals no evidence or any relevant stipulation of fact establishing that Plaintiffs’ work qualifies as work in the channels of interstate commerce.

Willis v. North Fork Bank & Trust Co. (In re Willis)

64 B.R. 1000 · District Court, E.D. New York · Sep 29, 1986

Assuming, however, that Stefan Restaurant Corp. and Dupee could have qualified for the SBA loan, could have met the conditions laid down by the SBA, and persuaded the SBA to take a mortgage on half the real estate rather … That is clearly why the Stipulation provided that the profits from the restaurant were to be hers until the deal closed.

Maria v. McElroy

68 F. Supp. 2d 206 · District Court, E.D. New York · Oct 7, 1999

Where retroactivity is at issue, the rule of lenity, like the Landgraf rule, guarantees that a new immigration law will be applied to past conduct only when Congress clearly wished that result. … general principles of law recognized by civilized nations, and judicial decisions and teachings of qualified publicists).

Choudhury v. Northwell Health, Inc.

District Court, E.D. New York · Aug 8, 2025

Under the McDonnell Douglas framework, a plaintiff must first establish a prima facie case by showing: (1) that he is a member of a protected class; (2) that he was qualified for his position; (3) that he was subject to … Section 1983 “provides a civil claim for damages against any person who, acting under color of state law, deprives another of a right, privilege or immunity secured by the Constitution or the laws of the United States.”

Rios v. Read

73 F.R.D. 589 · District Court, E.D. New York · Jan 14, 1977

The HEW guidelines, which emphasize that special programs to rectify language disabilities must not operate as “an educational deadend,” clearly require a school or school district receiving federal funds to develop effective … They claim that officials of the school district failed to provide adequate programs and qualified teachers for the bilingual education department. The school district denies the charges.

Bowers v. Noeth

District Court, E.D. New York · Nov 17, 2020

He also argues that the state 16 court’s rejection of his other claims involved an unreasonable application of clearly established 17 Supreme Court precedent. 18 … established federal 3 precedents.

Simon v. Philip Morris, Inc.

86 F. Supp. 2d 95 · District Court, E.D. New York · Mar 3, 2000

The Statement and the Guidance Notes clearly reaffirm where the B.A.T. Group stands -on key issues .... You will see that the. … Denckla, 357 U.S. 235, 251 , 78 S.Ct. 1228 , 2 L.Ed.2d 1283 (1958) (“[Due process] restrictions are more than a guarantee of immunity from inconvenient or distant litigation.

Jackson v. Pilgrim Psychiatric Center

District Court, E.D. New York · May 1, 2024

That is, “dismissal of a pro se complaint is nevertheless appropriate where a plaintiff has clearly failed to meet minimum pleading requirements.” Temple v. Hudson View Owners Corp., 222 F. … Against that backdrop, Plaintiff reportedly believes that “God created our bodies with an innate ability to heal and fight disease” and that she cannot allow the COVID-19 vaccine to “interfere with my immune system[,] .