Case law

Craig v. The City of New York

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

With respect to the third element, examples of conduct sufficient to qualify as intentional and improper include “physical violence, fraud, or misrepresentation, civil suits and criminal prosecutions, and some degrees of … The SAC also does not identify the provision of NPCL § 715 that establishes a duty of care.

Porretti v. Baez

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

Petitioner has already established his prima facie case, but the Hague Convention clearly contemplates circumstances where, notwithstanding one parent’s wrongful removal, repatriation may nevertheless be inappropriate. … RP expressed no interest in returning to Mexico and CP qualified that she might be amenable to visiting Mexico if it was “just for fun.”

Jeremiah v. 5 Towns Jewish Times, Inc.

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

established;’” and (3) “‘the amount of money potentially involved.’” … Plaintiff argues in his memorandum of law that his copyright infringement claim qualifies for statutory damages under 17 CES:C. §:504(¢) because the Photograph was registered within three months of initial publication.

United States v. Volpe

78 F. Supp. 2d 76 · District Court, E.D. New York · Dec 13, 1999

Application Note 1 provides a non-exclusive list of factors for the Court to consider in determining whether a defendant qualifies for this adjustment. … The Sentencing Commission presumably understood these consequences when it established the pertinent offense levels.

Obrien v. City of New York

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

A “plaintiff bears the initial burden of establishing a prima facie case of discrimination. … Second, Plaintiff was qualified for his probationary position.

Tang v. Grossman

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

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.” Cornejo, 592 F.3d at 127; see also Snider v. … To establish deliberate indifference with respect to failure to provide training or necessary supervision, a plaintiff must establish that: (1) “a policymaker knows to a moral certainty that city employees will confront

Pfaff v. Merck & Co., Inc.

District Court, E.D. New York · Sep 9, 2022

Under this framework, plaintiffs’ state law claims based on Merck’s failure to upgrade the depression warning to the W&P section are clearly preempted. … Merck’s decision to rely on and incorporate these documents into the citizen petition was clearly lawful agency action. But the facts here are not nearly as neat as in Cerveny.

Faris v. Bactolac Pharmaceutical, Inc.

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

In assessing whether class counsel have adequately represented the class, Courts should consider whether plaintiffs’ attorneys are qualified, experienced and able to conduct the litigation. … (“Weitz”), is clearly qualified to represent the eligible class members.

In Re: Lindt & Sprüngli Dark Chocolate Litigation

District Court, E.D. New York · Sep 6, 2024

According to the complaint, the harmful effects may include developmental issues, hypertension, immune suppression, liver and kidney damage, cardiovascular disease, gastrointestinal problems, fragile bones, reproductive … The plaintiffs assert that Lindt’s chocolate bars “were not fit for their ordinary use (consumption by consumers) as they include undisclosed levels of Heavy Metals” unsafe for consumption, which is clearly enough at this

Copley v. Bactolac Pharmaceutical, Inc.

District Court, E.D. New York · Mar 13, 2023

In assessing whether class counsel have adequately represented the class, Courts should consider whether plaintiffs’ attorneys are qualified, experienced and able to conduct the litigation. … (“Weitz”), is clearly qualified to represent the eligible class members.

Caiceros v. SDH Services West, LLC

District Court, E.D. New York · Sep 3, 2025

The record sufficiently establishes that Caiceros’s activities were “involving commerce” within the meaning of the FAA. See Citizens Bank v. … SDH satisfies its burden to establish by a preponderance of the evidence that Caiceros agreed to arbitrate his claims within the meaning of the FAA.

Allstate Insurance Company, Allstate Property & Casualty Insurance Company, Allstate Indemnity Company, and Allstate Fire & Casualty Insurance Company v. Maccabi Pharmacy RX Inc., et al.

District Court, E.D. New York · Mar 2, 2026

Satinwood, Inc., 385 F.3d 159, 173 (2d Cir. 2004) (“[A]ny legal entity may qualify as a RICO enterprise.”); see also Allstate Ins. Co. v. Abramov, No. 16 CV 1465, 2020 WL 1172697, at *6 (E.D.N.Y. … Such information clearly directs defendants to the specific misrepresentations Allstate is alleging. Under the circumstances, the specificity requirement of 9(b) requires no more[.]”)

Lopez-Motherway v. City of Long Beach

District Court, E.D. New York · Mar 15, 2021

But a plaintiff “need not establish who, among a group of officers, directly participated in the attack and who failed to intervene.” Smith v. Sawyer, 435 F. … as a result, is entitled to qualified immunity for this claim.

Cruz v. Cox Media Group, LLC

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

In- stead, Cox argues that Cruz has failed to establish that the Photograph was sufficiently original to qualify for copyright pro- tection. (Def. Mem. at 6.) … In addition, publicly released works qualify for less protection from use by others than unpublished materials. See Harper & Row, 471 U.S. at 564.

Edilson

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

Hagans v. Nassau County Department of Social Services

District Court, E.D. New York · Mar 31, 2020

“However, it is well established that ‘[a] person who has not been admitted to the practice of law may not represent anybody other than himself.’” Bullock v. … violation of an individual’s constitutional rights, a plaintiff must show: “(1) a conspiracy (2) for the purpose of depriving a person of the equal protection of the laws, or the equal privileges and immunities

Henek v. CSC Holdings, LLC

District Court, E.D. New York · Mar 30, 2020

The Policy Manual further stated: “All back balances . . . must be paid. . . before new service is established. … It quite clearly shows the $100 equipment charge in addition to the service charge arrears. the misuse of the CVT software on the two occasions.

6340 NB LLC v. Capital One, N.A.

District Court, E.D. New York · Nov 18, 2022

Supp. 3d 327, 331 (S.D.N.Y. 2014) (finding documents between two companies sharing a legal interest were immune from discovery by plaintiff); In re Velo Holdings Inc., 473 B.R. 509, 518 (Bankr. … A few months later, on October 8, 2019, Schaefer again wrote the Town clearly stating, “I represent 6340 NB LLC, the owners of the Premises.” (DE 100-6.)

Schmit v. Cox

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

(PI Op. at 5 (“there are many opportunities for a candidate to establish they have the support of potential voters in running for the Senate seat. Ms. … Access to one’s name on the ballot or the ability to vote for a particular candidate are not absolute constitutional rights and may be qualified substantially by state regulations. See Murawski, 514 F.

Community Care Companions, Inc. v. Interim Healthcare, Inc.

District Court, E.D. New York · Mar 27, 2025

While “an expert might be uniquely qualified by experience to assist the trier of fact, he is not qualified to compete with the judge in the function of instructing the jury.” Ebbert v. … Moreover, the oral agreement clearly contradicted the express terms of the Franchise Agreements, which states that “[Community Care] shall obtain . . . all licenses.”