Case law

In Re Metlife Demutualization Litigation

689 F. Supp. 2d 297 · District Court, E.D. New York · Feb 12, 2010

Risks of Establishing Liability and Risks of Establishing Damages.....334 a) Difficulty of Establishing Material Misrepresentation or Omission.....335 *306 b) Difficulty of Establishing Intent to Deceive.................. … Risks of Establishing Liability and Risks of Establishing Damages The risks of establishing liability and risks of establishing damages favor the proposed Settlement.

Edilson

District Court, E.D. New York · Aug 7, 2026

As Justice Scalia noted, “[t]his one-sided-coverage argument clearly did not go to the validity of the delegation provision.” Id. at 73. … Nor have Plaintiffs explained why an arbitrator should be any less qualified to make that determination than the Court.

Singh v. U.S. Bank

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

There is no subject matter jurisdiction if “the purported federal claim is clearly immaterial and made solely for the purpose of obtaining jurisdiction or is wholly insubstantial and frivolous.” … The Court’s obligation “to construe a pro se complaint liberally” continues to apply “[e]ven after Twombly” established the plausibility standard for assessing pleadings. Newsome v. Bogan, 795 F.

Loper v. Eagle-Picher Industries, Inc.

132 F.R.D. 332 · District Court, E.D. New York · Oct 11, 1990

There is clearly a danger, however, that these things will happen unless there is a change in the material circumstances. … The forecast also assumed that an existing loan under a revolving credit line will be extended when the credit agreement establishing the line expires in November 1991.

Cunny v. Bell

District Court, E.D. New York · Mar 4, 2024

A petitioner's failure to comply with a state procedural rule qualifies as such an adequate and independent state ground, provided that (i) the state court actually "relied on the procedural bar as an independent basis … Here, the Kings County Supreme Court clearly and expressly stated that Cunny's grand jury claims were procedurally barred.

Aquila Alpha LLC v. Ehrenberg

District Court, E.D. New York · Feb 22, 2023

Findings of fact may be overturned as “clearly erroneous only if this Court is ‘left with the definite and firm conviction that a mistake has been committed.’” Id. at 48 (quoting Adler v. Lehman Bros. Holdings Inc. … It maintains that they do not qualify as CHT’s business records because they belonged to Aquila.

Pantoliano v. United States

District Court, E.D. New York · May 4, 2020

The record further establishes that Mr. … Pantoliano cannot establish prejudice.

Securities and Exchange Commission v. GPB Capital Holdings, LLC

District Court, E.D. New York · Dec 7, 2023

Corp., 761 F.2d at 92–93 (“[I]t is established that a federal court sitting in equity that has jurisdiction to issue a decree necessarily has ancillary and supplemental jurisdiction to enter orders and judgments designed … should be employed cautiously and granted only when clearly necessary to protect plaintiff’s interest in the property.” Rosen v. Siegel, 106 F.3d 28, 34 (2d Cir. 1997) (quoting Citibank, N.A. v.

Rosco, Inc. v. Mirror Lite Co.

139 F. Supp. 2d 287 · District Court, E.D. New York · Jan 31, 2001

Rosco has failed to establish that secondary meaning has attached to its product numbering system. … Nor has Rosco established a likelihood of confusion, given the sophistication of the purchasers in the school bus mirror market.

NAACP v. AcuSport, Inc.

271 F. Supp. 2d 435 · District Court, E.D. New York · Jul 21, 2003

us regard guns in private hands as the scourge of our times, and favor government imposition of controls and punitive deterrence of all sorts, many others think of possession of firearms ... as the gift of the Founders, immune … Clearly, a legitimate state interest is furthered.... [Defendant] has failed to demonstrate that the burden here would be clearly excessive compared to the benefit.").

Gesualdi v. Fortunata Carting Inc.

5 F. Supp. 3d 262 · District Court, E.D. New York · Mar 19, 2014

Mascia did not qualify for benefits under the terms of the CBA as a 100% owner of Fortunata. Id. at ¶¶ 49-55. … On the other hand, some work was clearly conducted by the auditors and it would be unfair to entirely deny plaintiffs the costs of the audit.

Francisco v. NY Tex Care, Inc.

District Court, E.D. New York · Mar 28, 2022

The first five allegedly unlawful policies, however, clearly satisfy the commonality requirement. … A Court must determine (1) whether “plaintiff’s interests are antagonistic to the interest of other members of the class” and (2) whether “plaintiff’s attorneys are qualified, experienced and able to conduct the litigation

Singer v. New York City Health and Hospitals Corporation

District Court, E.D. New York · Jun 2, 2020

/Viacom Int'l Inc., 104 F.3d 356 (2d Cir. 1996) (“Stray workplace remarks, without a clearly demonstrated nexus to the adverse employment action at issue, do not alone suffice to defeat a motion for summary judgment.”) … Even if plaintiff could establish a prima facie case of retaliation, his employer has articulated a legitimate, non-retaliatory reason for plaintiff’s termination.

In Re Holocaust Victim Assets Litigation

302 F. Supp. 2d 89 · District Court, E.D. New York · Mar 9, 2004

While the economic plight of survivors in the United States is less well documented, it is also clearly less pressing. … The JDC has clearly documented at least 135,000 survivors in the FSU who are in desperate need, more than the entire survivor population in the United States. Thus, even in Mr.

Jeanty

District Court, E.D. New York · Feb 6, 2026

“[O]bjections to a report and recommendation ‘must be specific and clearly aimed at particular findings in the magistrate judge’s proposal.’” Kosmidis v. … Indeed, the respondeat superior claim depends on the Plaintiff establishing a state-law tort claim. Rizk v. City of New York, 462 F. Supp. 3d 203, 231 (E.D.N.Y. 2020).

In Re Keyspan Corp. Securities Litigation

383 F. Supp. 2d 358 · District Court, E.D. New York · Mar 21, 2003

Conduct qualifies as reckless where it is “highly unreasonable” and represents “an extreme departure from the standards of ordinary care ... to the extent that the danger was either known to the defendant or so obvious that … As such, it fails to establish scienter.

In re Apple, Inc.

149 F. Supp. 3d 341 · District Court, E.D. New York · Feb 29, 2016

Judiciary Act of 1789, 1 Stat. 73 , § 14 (Sept. 24, 1789); see id. §§ 1-5 (establishing the courts mentioned in Section 14). … Ill at.9-10. 14 From there, it argues that the statutory language exempting “information services” from comparable duties is irrelevant, regardless of whether Apple qualifies as such a service, because the information it

Zitz v. Pereira

119 F. Supp. 2d 133 · District Court, E.D. New York · Sep 30, 1999

The evidence adduced at trial clearly supports this allegation and leads me to conclude that Zitz’s cause of action for infringement on the first house Pereira built accrued more than three years before the filing of this … Prior to the 1990 amendments, architectural structures were only protected insofar as they could “qualify as a work of art or conceivably as a reproduction of a work of art.” Fotomat Corp. v.

Mighty v. Cronin

District Court, E.D. New York · Sep 30, 2022

“‘Clearly established Federal law’ means ‘the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.’” Green v. … Accordingly, petitioner must also establish that this determination was an unreasonable application of clearly established Supreme Court law. See Tavarez, 814 F.3d at 650.

Kramer v. New York City Board of Education

715 F. Supp. 2d 335 · District Court, E.D. New York · May 20, 2010

But the possibility remains that teachers’ official speech on matters of public concern may qualify for protection in some circumstances. See id. at 417-20, 425 , 126 S.Ct. 1951 . 2. … Some experts advocate that instructors themselves use colloquial or slang terms to establish rapport with students.