Case law

Edwards v. Chappius

District Court, E.D. New York · Sep 10, 2019

T: 725-63 The court also qualified Dr. Fishkin, without objection, as “an expert in the area of eye care and treatment.” T: 717. … established” at the time of the adjudication. ...

Government Employees Insurance Company v. Innovation Anesthesia & Pain Services, P.C.

District Court, E.D. New York · Mar 25, 2025

An Act of Congress is not required to be “totally incompatible with the prohibition of the anti-injunction statute” to qualify under the exception. Mitchum, 407 U.S. at 237–38. … JPM [PT]. . . , and Liberty [Park Chiro]” Plaintiffs “fail[ ] to clearly distinguish between these Defendants.” (Id.)

United States Ex Rel. Spero v. Wenzel

397 F. Supp. 597 · District Court, E.D. New York · Jul 3, 1975

However, the Court noted that a parole hearing, unlike the instant case, is clearly not a part of the criminal proceeding. … Rehr did little to help Spero find employment, he managed to borrow money and go to school to qualify for a license to drive a tractor trailer.

Milien v. City of New York - Department of Education

District Court, E.D. New York · Sep 15, 2023

To establish a prima facie case of employment discrimination under Title VII, a plaintiff must show that: (1) “[he] is a member of a protected class; (2) [he] is qualified for [his] position; (3) [he] suffered an adverse … This prong may be “established if the employer fills the position with ‘a person outside the protected class who was similarly or less qualified than’ the plaintiff.” Yu v. N.Y.C. Hous. Dev. Corp., 494 F.

DeSimone v. Select Portfolio Servicing, Inc

District Court, E.D. New York · Sep 13, 2024

June 4, 2015) (“[SPS] must qualify as a ‘debt collector,’ an issue which is not disputed in the present case.”); Jones v. … “[C]ourts have determined that the knowledge requirement under [S]ection 14-202(8) does not immunize debt collectors from liability for mistakes of law.

Jedrejcic v. Croatian Olympic Committee

190 F.R.D. 60 · District Court, E.D. New York · Dec 3, 1999

Because plaintiffs asserted grounds for relief do not qualify as the type of fraud or misconduct encompassed by Rule 60(b)(3) and because plaintiff has failed to establish exceptional circumstances warranting relief, the … This unsigned verification, which was never filed with the court, clearly does not support plaintiff's contention.

Securities and Exchange Commission of the United States v. Laura

District Court, E.D. New York · Mar 24, 2020

Laura established PAI- NJ and PAI-NV in September 2011 and September 2013 respec- tively for the purpose of commercializing PAG’s technology in the U.S., Canada, Mexico, and Colombia. (Compl. ¶ 18.) … Moreover, it is not at all clear that PAG would qualify as a neces- sary party even if Rule 19 did apply.

Guerriero v. Montagari

District Court, E.D. New York · Jan 16, 2025

Also to establish truth as the Constitution was written.” See Pet. at 4. … To qualify for equitable tolling, Petitioner would have to establish “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.”

Pruitte v. Village of Hempstead

District Court, E.D. New York · Oct 9, 2025

Courts may preclude evidence “only when the evidence is clearly inadmissible on all potential grounds.” Russo v. Nat'l Grid, USA, No. 23-CV-03954 (NCM) (TAM), 2025 WL 2711522, at *1 (E.D.N.Y. … First, Plaintiffs have not established what this document provides as to notice.

White v. LaClair

District Court, E.D. New York · Jan 19, 2021

For the purposes of federal habeas review, “clearly established law” is defined as “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” … 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.’”

Cooke v. Frank Brunckhorst Co., LLC

District Court, E.D. New York · May 18, 2024

Such an invitation hardly qualifies as an “intervening change in controlling law” (Virgin Atl. … Realty Corp., 285 F.2d 487, 491 (2d Cir.1960) (“While the FLSA does not expressly set forth a requirement of prompt payment, such a requirement is clearly established by the authorities. . . .”).

Redd v. New York State Division of Parole

923 F. Supp. 2d 393 · District Court, E.D. New York · Jan 24, 2013

One of the reasons the court provided for its conclusion that Burgos’s deposition testimony did not qualify as “direct evidence” of retaliation was that, because “the decisionmaker ultimately responsible for Redd’s termination … It is also well-established, however, that a Title VII plaintiff alleging sexual harassment “must establish that the hostile or abusive treatment was because of his or her sex,” which “require[s] an assessment of individuals

McGuire v. Village of Hempstead

District Court, E.D. New York · Oct 9, 2025

Courts may preclude evidence “only when the evidence is clearly inadmissible on all potential grounds.” Russo v. Nat'l Grid, USA, No. 23-CV-03954 (NCM) (TAM), 2025 WL 2711522, at *1 (E.D.N.Y. … First, Plaintiffs have not established what this document provides as to notice.

Smith v. MDC Brooklyn Warden

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

The BOP established the Administrative Remedy Program, codified at 28 C.F.R. … The first time he was disciplined for this violation was in November 2022; he was sanctioned with loss of phone privileges for 90 days, which clearly was insufficient deterrence. (Bork Decl. at 11).

Cross Sound Cable Company, LLC v. Long Island Lighting Company

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

Service disruptions that qualify as a force majeure event, however, do not reduce the fees payable to CSC. … Rather, CSC and LIPA contest only whether the July 8, 2020 incident qualifies as a force majeure event. Mr.

Cason v. Federal Protective Service Officer Valentine

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

Thus, he raised an issue of a possible violation of the law that only affected FJC employees, and not the general public, meaning that he failed to establish actual proof of a violation of law. Id. at 20–22. … In the alternative, they also argue that had Smith ordered the Plaintiff’s arrest, he would have qualified immunity. Id. at 7.

King v. North Amityville Fire Company, Inc.

District Court, E.D. New York · Jul 27, 2023

To establish a prima facie case of discrimination, a plaintiff must demonstrate (1) that she belonged to a protected class; (2) that she was qualified for the position she held; (3) that she suffered an adverse employment … Again, Plaintiff cannot establish a causal connection.

Levin v. HSBC Bank, N.A.

99 F. Supp. 3d 288 · District Court, E.D. New York · Apr 9, 2015

Here, on August 14, 2013, Justice Bran-sten clearly relied on HSBC’s representations that it would seek to dismissal of the State Court Action as to the Levin Plaintiffs. … On a motion to stay, it is the moving party’s burden to establish “a clear case of hardship or inequity in being required to go forward.” Trikona Advisors Ltd. v.

Turano v. Zucker

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

In the Court’s view, this evidence suffices to establish numerosity. … These facts clearly establish his adequacy to represent the proposed class.

Davis v. Royce

District Court, E.D. New York · Feb 22, 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 … Here, the Appellate Division clearly and expressly stated that Davis's claim was unpreserved for appellate review. Davis I, 96 N.Y.S.3d at 886.