Case law

V.A. v. City of New York

District Court, E.D. New York · May 10, 2022

Local Civil Rule 56.1 Statement (“City 56.1”) ¶ 3, ECF No. 38.1 “To ensure that qualifying children receive a FAPE, a school district must create an individualized … Lu-Berio could not clearly explain why the letter was dated September 9.

Lane v. American Airlines, Inc.

District Court, E.D. New York · Mar 20, 2024

claims — the [apportionment] of damages” and “the critical issue of determining the extent that Plaintiff’s pre- existing mental conditions were aggravated or exacerbated by the alleged incident on the Flight,” which are clearly … Vanino explained that many studies “establish links between trauma, the impact of psychological stress on the body, and poor health.” (Id. at 41–42.)

Leftenant v. The Attorney General of the State of New York

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

decision applied clearly established federal law erroneously or incorrectly. … “‘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.

Boateng v. BMW of North America, LLC

District Court, E.D. New York · Sep 20, 2022

Pugh is a qualified expert, this Court concludes that Dr. … To establish that a practice was “consumer-oriented” the plaintiff needs to establish “that the acts or practices have a broader impact on consumers at large.”

The Travelers Indemnity Company v. Harleysville Insurance Company

District Court, E.D. New York · Sep 25, 2023

Even if the requirements of paragraph 1 are met establishing this coverage as primary and the additional insured’s coverage as being non- … Prismatic does not qualify as an additional insured pursuant to the Selective Policy, and therefore Harleysville is solely responsible for defending Prismatic in the Underlying Action.

The Travelers Indemnity Company v. Harleysville Insurance Company

District Court, E.D. New York · Sep 14, 2023

Even if the requirements of paragraph 1 are met establishing this coverage as primary and the additional insured’s coverage as being non- … Prismatic does not qualify as an additional insured pursuant to the Selective Policy, and therefore Harleysville is solely responsible for defending Prismatic in the Underlying Action.

Fifth App, LLC v. Alpha Modus Ventures, LLC

District Court, E.D. New York · Aug 29, 2024

Allegations that clearly reference Defendants’ duty to perform under the MOU cannot support a fraud claim. … Under New York law, generally, “[a] corporate officer who is charged with inducing the breach of a contract between the corporation and a third party is immune from liability if it appears that he is acting in good faith

Darish v. Northern Dynasty Minerals Ltd.

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

In addition, courts must ensure “that ‘class counsel is qualified, experienced, and generally able to conduct the litigation.’” … Plaintiffs have also demonstrated a commitment to the litigation by retaining qualified and experienced lead counsel. (See Mem. & Order, ECF No. 67, at 14–15.)

Neira v. Nassau County Sheriffs Department

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

In any event, the record for this claim is clearly insufficient to establish a deliberate indifference claim. 4. … The record is clearly insufficient to establish that anyone at the NCCC was deliberately indifferent for failing to provide plaintiff with nutritional supplements.

New York Packaging II LLC v. Mustang Marketing Group LLC

District Court, E.D. New York · Mar 1, 2022

Plaintiff’s evidence about confidential “technical information” is also conclusory and is clearly insufficient to establish that this unspecified information constitutes a trade secret. … exchange above does not clearly establish that an independent contractor relationship between the parties continued, uninterrupted, after February 8, 2019.

In Re Energy Systems Equipment Leasing Securities Litigation

642 F. Supp. 718 · District Court, E.D. New York · Aug 5, 1986

supervised the assembly of Systems for Vanguard and Eckard Engineering. *726 Plaintiffs name as defendants a number of companies who entered into service agreements with investors and therefore, according to plaintiffs, qualify … Applying this definition to the facts presented by Howey, the Court held that the transactions clearly involved investment contracts.

Rubin v. Hodes

District Court, E.D. New York · Jan 13, 2020

Plaintiff clearly is not a “beneficiary” within the meaning of the statute. … However, Section 406 of ERISA does not apply, inter alia, “to the acquisition or sale by a plan of qualifying employer securities (as defined in section 1107(d)(5) of this title) . . . (1) if such acquisition, [or] sale

Navarro v. Building Service, Inc

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

In order to plead a disparate treatment claim, the Second Circuit has explained that “what must be plausibly supported by facts alleged in the complaint is that the plaintiff is a member of a protected class, was qualified … Further, the FAC does not clearly allege facts supporting an inference that Lupe targeted plaintiffs because of their national origin or immigration status.

Flagler Automotive, Inc. v. Exxon Mobil Corp.

582 F. Supp. 2d 367 · District Court, E.D. New York · Oct 17, 2008

Plaintiffs also agree that they did receive rebates from Exxon every month that they qualified for them. III. … , Exxon explicitly informed dealers that it would reduce DTT by the costs of credit card processing (and even showed this reduction as a line item on gasoline invoices); further, when Exxon eliminated DFC in 1994, Exxon clearly

Reid v. Remekie

District Court, E.D. New York · Jun 26, 2025

Campbell to be qualified as an expert in the areas of domestic violence homicide and the Danger Assessment. (Tr. 5/2/2025 448:14–15). Dr. … Unless Respondent establishes that the requested award is “clearly inappropriate,” the Court will enter an appropriate monetary award of attorney’s fees, costs, and expenses pursuant to ICARA.

Alexander v. Central Islip School District

District Court, E.D. New York · Sep 22, 2021

This fails to establish strict compliance with § 3813(1). … and finds them to be without merit. 8 Similar to having failed to specifically identify the alleged protected activity or activities in which she engaged, Plaintiff has also failed to clearly

Weller, MD v. Icahn School of Medicine at Mount Sinai

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

However, the Court finds that Plaintiff has failed to establish Article III standing for his NYLL wage statement claim. … Plaintiff counters that “time spent ‘adjusting grievances’ is compensable under many situations” but concedes that “the exact contours of what qualifies is not clearly delineated by the courts.”

Cooper v. Fire & Ice Trucking, Corp.

District Court, E.D. New York · Jul 9, 2024

Here, supplemental jurisdiction clearly extends to Plaintiff’s third and fourth claims, which seek to recover for unpaid minimum wages and overtime premiums under the NYLL, because they virtually … Even assuming arguendo that Fire & Ice qualifies as a “motor carrier” or “motor private carrier” as defined under the MCA, the facts alleged in the Complaint and supplemental affidavits do not establish

Deabold v. Brennan

District Court, E.D. New York · Aug 15, 2024

Here, the burden to establish standing under the IDEA falls on plaintiff. See New York City Envtl. Justice Alliance v. … See 29 U.S.C.A. § 794(a) (prohibiting discrimination of “[n]o otherwise qualified individual with a disability ... shall, solely by reason of her or his disability, be excluded . . . .”

In Re Franklin National Bank Securities Litigation

478 F. Supp. 577 · District Court, E.D. New York · Aug 3, 1979

The official information privilege is a qualified privilege; it is not absolute. “[T]he privilege is a discretionary one that depends upon ad hoc considerations of competing policy claims.” United States v. … Wigmore, for example, questioned the possibility of clearly distinguishing the two: “As soon as we come to analyze and define these terms . the distinction vanishes, . a flux ensues.” 7 Wigmore § 1919 (Chadbourne rev. 1978