Case law

Wisdom v. Perez

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

A federal court may not issue a writ of habeas corpus unless the state court's decision was “contrary to, or involved an unreasonable application of, clearly established Federal law” or … Wisdom, 82 N.Y.S.3d 97, 100 (2d Dep’t 2018), is not “an unreasonable application of[] clearly established Federal law” and, as such, is entitled to AEDPA deference, 28 U.S.C. § 2254(d).

Wolo Mfg. Corp. v. ABC Corp.

349 F. Supp. 3d 176 · District Court, E.D. New York · Nov 7, 2018

Lashlee , 854 F.2d 18 (2d Cir. 1988) ] have established that individual corporate officers may be subject to jurisdiction in New York if it is established that the corporation is acting as their agent here.") … To qualify for copyright protection, a work must be original to the author." Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., Inc. , 499 U.S. 340 , 345, 111 S.Ct. 1282 , 113 L.Ed.2d 358 (1991).

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).

United States v. Brennan

938 F. Supp. 1111 · District Court, E.D. New York · May 1, 1996

Robilotto, 828 F.2d 940, 949 (2d Cir.1987), something they have not even alleged, much less established. … One guess is that the defendants would like to test the theory that a prosecution of a scheme conceived before the statute was enacted, but consummated after, is immune from prosecution. But that is a guess.

Lama v. Malik

58 F. Supp. 3d 226 · District Court, E.D. New York · Nov 3, 2014

“To qualify for equitable tolling, the plaintiff must establish that extraordinary circumstances prevented [her] from filing [her] claim on time, and that [s]he acted with reasonable diligence throughout the period [s]he … Defendants argue that this is disingenuous, and that clearly Plaintiff knew she was entitled to compensation because she even alleges that she asked the Maliks for her pay on various occasions.

United States v. Leonard

817 F. Supp. 286 · District Court, E.D. New York · Dec 22, 1992

Thus, such evidence does not qualify as substantial exculpatory evidence. See e.g. United States v. Patiwana, 723 F.Supp. 888, 891 (E.D.N.Y.1989). … It is well established that “some antagonism between defendants’ theories of defense does not require severance.” United States v.

Hunter v. Annucci

District Court, E.D. New York · May 1, 2023

Frost, 574 U.S. 21, 24 (2014) (per curiam) (“As we have repeatedly emphasized, however, circuit precedent does not constitute ‘clearly established Federal law, as determined by the Supreme Court.’” … The Court finds that the Appellate Division did not unreasonably apply clearly established law in finding that Petitioner “failed to establish that he was denied the effective assistance of appellate counsel,” Hunter, 122

Bricklayers Insurance and Welfare Fund v. Doran Tatrow Associates, Inc.

District Court, E.D. New York · Aug 30, 2019

Plaintiffs have established that the unpaid contributions to the ERISA Funds were plan assets. … Thus, the unpaid contributions to these four funds qualify as plan assets. Plaintiffs have also established that Mr. Doran held a sufficient level of control over these plan assets to make him a fiduciary.

Cotnoir-Debenedetto v. Uniondale Union Free School District

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

Latty was qualified to teach high school and had some past experience doing so. … This framework provides a three step process: first, the plaintiff must establish a prima facie case of racial discrimination by showing four elements: (1) that she belongs to a protected class; (2) she was qualified

Lin v. Amazon.com, Inc.

District Court, E.D. New York · Sep 5, 2023

it has been determined that a plaintiff's injury is the result of an intentional and deliberate act by the defendant or someone acting on his behalf, the defendant is not entitled to such immunity … June 26, 2023) (“The standards for establishing disability under the NYSHRL and the NYCHRL are more lenient than those under the ADA.”). 2.

Israel Schvimmer v. Roderick Randall

District Court, E.D. New York · Sep 29, 2022

The Court also does not address Defendants’ arguments about impermissible group pleading, insufficient allegations as to individual defendants, and various immunities. … Supp. 3d 586, 612 (S.D.N.Y. 2015) (“RICO only protects injury to the plaintiff’s business or property, meaning that many injuries are insufficient to establish RICO standing.

Garone v. United Parcel Service, Inc.

436 F. Supp. 2d 448 · District Court, E.D. New York · Jun 27, 2006

They had to go with somebody, because they had' to be DOT qualified, and that was part of the problem also with who can go out and who couldn’t. … Similarly, though the applicability of the Faragher/EUerth affirmative defense has not yet been clearly established for employers under NYSHRL and NYCHRL, see Forrest v.

Cabalar

District Court, E.D. New York · Jul 10, 2026

Defendant argues that the alleged statement does not qualify as a misrepresentation because a footnote to the Amended Complaint shows that Steven D. “had a profitable investment through [defendant].” … Plaintiff clearly alleges that Steven D. lost $36,436 in his investment account managed by defendant, rendering the statement a misrepresentation. DE 23 ¶ 48.

Fossil Group, Inc. v. Angel Seller LLC

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

“Likelihood of dilution is established when defendants have distributed a counterfeit product of inferior quality to the genuine product.” Johnson & Johnson v. … The only opinion cited by Plaintiffs that conducts this analysis, Juul Labs, is clearly distinguishable from the case at hand. 2022 WL 1085406, at *7.

Coleman v. Chappius

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

Frost, 574 U.S. 21, 24 (2014) (per curiam) (“As we have repeatedly emphasized, however, circuit precedent does not constitute ‘clearly established Federal law, as determined by the Supreme Court.’” … “‘To qualify as an adequate procedural ground,’ capable of barring federal habeas review, ‘a state rule must be firmly established and regularly followed.’” Johnson v. Lee, 578 U.S. ---, ---, 136 S.

Cohen v. SN Servicing Corporation as servicer for U.S. Bank Trust National Association, as Trustee of the SCIG Series III Trust

District Court, E.D. New York · Aug 11, 2025

But citing to cases where a creditor lacked knowledge does not establish that it is a prerequisite for annulment relief. Cohen also argues that In re Soares sets forth that requirement. (Reply Br. at 2–3). … Soares only notes that innocent creditors may qualify for annulment—not the converse. 107 F.3d 969, 977 (1st Cir. 1997) (“When a creditor inadvertently violates the automatic stay in ignorance of a pending bankruptcy,

Trisvan v. Regal Entertainment Group

District Court, E.D. New York · Feb 17, 2021

dismiss sua sponte an in forma pauperis action if the Court determines it “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … If Plaintiff intends to invoke the Court’s diversity jurisdiction over his state law claim, Plaintiff must clearly state the basis for doing so, including facts to support the amount in controversy.

Patalonis v. Outreach Development Corporation

District Court, E.D. New York · Sep 28, 2020

Second, “the conduct complained of must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.” Id. … Similarly, at least some courts have held that privately run institutions which provide residential programs for inmates can qualify as state actors. See Braswell v. Cmty.

Prabhakar v. Life Insurance Co. of North America

996 F. Supp. 2d 124 · District Court, E.D. New York · Aug 16, 2013

As a result of the severe post-concussion syndrome, she is also suffering from a[sic] severe anxiety and depression but this is clearly post-traumatic in origin. … New York, however, also permits parties to establish a shorter limitations period by written agreement. Id. (citing N.Y.

Walsh v. Versa Cret Contracting Company Inc.

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

The party seeking the informant’s identity bears the burden of establishing the need for such disclosure, and “must establish that the information sought is both relevant and essential to the presentation of his case on … “Even when the requisite showing has been made, the privilege is a qualified one which may be overcome upon a showing that the adverse party's need for disclosure outweighs the agency's interest in confidentiality.”