Case law

Jeremiah v. 5 Towns Jewish Times, Inc.

District Court, E.D. New York · Aug 26, 2024

It is well established that plaintiff has the burden to prove damages and establish his entitlement to recovery. See Greyhound Exhibit Group, Inc. v. E.L.U.L. … However, in the instant case, defendant clearly did not conduct its due diligence. Indeed, plaintiff’s argument is well taken.

Government Employees Insurance Company v. Binns

District Court, E.D. New York · Apr 3, 2024

To qualify for reimbursement payments under the No-Fault law, a healthcare provider must comply with all applicable licensing requirements for performing covered services. Id. § 65-3.16(a)(12). … A court “possesses significant discretion” in granting a motion for default judgment, “including [determining] whether the grounds for default are clearly established...” Kéderis ».

Jimenez v. Holbrook Plastic Pipe Supply, Inc.

District Court, E.D. New York · Dec 19, 2024

While the USERRA does not specify the number of days in which an employer must re-instate a qualified veteran in order to comply with the “promptness” requirement, such promptness requirement … Accepting, for sake of arguendo, that the lunch meeting occurred on September 12, 2020 and Olsen did offer Plaintiff a job, any such offer was clearly rescinded by way of the September 26, 2020

New York v. Hickey's Carting, Inc.

380 F. Supp. 2d 108 · District Court, E.D. New York · Mar 30, 2005

Prior to addressing the preemption issue, the Court held that Bedford could not proceed under section 107 because it qualified as a potentially responsible person under CERCLA, thus limiting its remedies under the Act to … Clearly, the laws are not mutually exclusive, and the State could meet the requirements for both.

Manzoor v. Commissioner of Social Security

District Court, E.D. New York · Mar 22, 2024

The ALJ noted that Plaintiff’s hypertension, hypothyroidism diabetes and acid reflux did not qualify as severe impairments. Id. at 18. … Feb. 4, 2019) ("Clearly Plaintiff bears the burden of proving disability").

Eisemann v. Herbert

274 F. Supp. 2d 283 · District Court, E.D. New York · Jul 31, 2003

The clearly established federal law, as determined by the Supreme Court of the United States, with respect to ineffective assistance claims premised on conflicts of interest is thus set forth in Cuyler and Strickland . … The state courts’ conclusion that petitioner received constitutionally effective assistance of counsel notwithstanding his lawyer’s conflict of interest is both contrary to and an unreasonable application of 'clearly established

New York State Ass'n for Retarded Children, Inc. v. Carey

551 F. Supp. 1165 · District Court, E.D. New York · Jul 13, 1982

The defendants’ other adjustments, though, clearly lack merit. The first adjustment, that the staffing deficiencies in the shared-staff buildings must be ignored, is invalid. … Sufficient numbers of qualified staff and personnel shall promptly evaluate all non-ambulatory and physically handicapped residents to determine the number of wheelchairs (including electric), braces, orthopedic shoes, walkers

Vasell v. SeatGeek, Inc.

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

The Act establishes “a liberal federal policy favoring arbitration agreements.” New Prime Inc. v. … Klee, 861 F.3d 82, 95–96, 95 n.10 (2d Cir. 2017) (finding allegation of “unlawful fees” “imposed” on solar project bidder “sufficiently concrete and particularized to qualify as injuries-in-fact”); Bassaw v.

Securities & Exchange Commission v. Callahan

193 F. Supp. 3d 177 · District Court, E.D. New York · Jun 9, 2016

The Claimants move to intervene as a matter of right and permissively to “(1) eliminate objections based on standing; (2) to include Pangea Global losses as a qualified claim; and if necessary, (3) petition the Court for … The court in Petro-Suisse denied the investors’ intervention motion, finding that they had not established a cognizable interest in the case. Id. at 3 .

Oliver v. American Express Company

District Court, E.D. New York · May 13, 2025

Because Plaintiffs have not demonstrated that these documents are clearly inadmissible on all potential grounds, the court will not exclude entirely the 110 objected-to documents. … A It is clearly one of our most significant costs.”

Ridge v. Berryhill

294 F. Supp. 3d 33 · District Court, E.D. New York · Mar 30, 2018

He qualified, however, that the level of severity of plaintiff's impairments did not meet Listing 1.00(b)(2)(b) or (c). ( Id. ) Dr. … The Commissioner has promulgated regulations establishing a five-step procedure for evaluating disability claims. 6 See 20 C.F.R. §§ 404.1520 , 416.920.

Sterling v. United States

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

Hermance as a qualified expert on accident reconstruction. (Tr. 120:4–5). … Supp. 3d 190, 197–201 (D.D.C. 2014) (finding the defendant’s proposed accident reconstruction expert to be qualified and his proffered opinions reliable); DeSisto v.

Women of Color for Equal Justice v. The City of New York

District Court, E.D. New York · Sep 25, 2024

Plaintiffs cite the “right” — ostensibly emanating from Section 20(a)(5) of OSHA — to be free from discrimination for “refus[ing] any medical examination, medical treatment, or immunization … They have not clearly attempted to do so, and any such effort would not succeed.

Union Mutual Fire Insurance Company v. Ace Caribbean Market

District Court, E.D. New York · Sep 30, 2021

Plaintiff’s theory of causation is not clearly articulated, but Plaintiff relies heavily (if not entirely) on Lewis’s “Fire Incident Report” — on which Kelly signed off — to establish … But immediately below that, in the “Description” field, Lewis qualified that statement: “NOT FULLY ASCERTAINED DUE TO STRUCTURAL COLLAPSE.” Id.

Nasir v. Khokon

District Court, E.D. New York · Aug 26, 2024

P. 54(c) (stating: “[a] default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings”); 2) “[W]hether the grounds for default are clearly established … Accordingly, Khokon Convenience qualifies as a “small employer” under the NYLL.

Linares v. Jackson

531 F. Supp. 2d 460 · District Court, E.D. New York · Jan 3, 2008

Clearly the litigation by Clark and Linares is justiciable. See Escalera v. New York City Hous. … The MOU does, however state that HPD will "provide, subject to availability, section 8 tenant based assistance vouchers from its existing section 8 allocation to qualifying tenants.” MOU ¶ 3.6 (emphasis added).

National Audubon Society, Inc. v. United States Fish & Wildlife Service

55 F. Supp. 3d 316 · District Court, E.D. New York · Oct 17, 2014

Nourishment would also bury or remove established beach vegetation and temporarily retard vegetative growth. … However, “[w]hen specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more

Bjelobrk

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

He qualified quarterly with the U.S. … Once we receive your request for military service credit, we will determine which section is applicable and if you qualify.” Id. ¶ 100.

CONTINENTAL ORTHOPEDIC APP. v. Health Ins. Plan

40 F. Supp. 2d 109 · District Court, E.D. New York · Jan 15, 1999

Arimed agreed to provide minimal substandard O & P services to HIP patients, and/or withhold services outright from such patients; (3) engage in an unlawful and illegal bid rigging scheme under which the defendants exclude qualified … Clearly, as it pertains to the matter before this Court, the obvious finding that Yale in and of itself is not a relevant product market, does not dictate a finding that HMOs can never be a separate viable product market.

Lamb v. Capra

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

A legal conclusion is “contrary to” clearly established federal law if it “contradicts the governing law set forth in” the Supreme Court’s cases or “confronts a set of facts that are … Even if the defendant makes this showing, he does not yet qualify for relief.