Case law

United States v. McGriff

427 F. Supp. 2d 253 · District Court, E.D. New York · Apr 13, 2006

The Attorney General has established protocols to be followed at both stages. … The court was unable to determine the objective reasonableness of the notice at issue because “[t]he record d[id] not clearly reveal whether, at the instant the Death Notice was filed, a date existed on which Ferebe’s trial

Ruan v. McAleenan

District Court, E.D. New York · Feb 11, 2020

Section 1158(d) instructs the Attorney General to establish a procedure for the consideration of asylum applications. § 1158(d)(1). … Conn. 2007) (“[I]t is clear that the three years during which Plaintiffs’ applications have been pending qualifies as an unreasonable delay[.]”); Kim, 340 F.

United States v. Bellomo

263 F. Supp. 2d 561 · District Court, E.D. New York · Mar 13, 2003

This exploration of the etymological derivation of each of those words and the semanticism surrounding them have given birth to a dizzying array *565 of sophisticated rules qualified by subtle nuances and Talmudic distinctions … That § 1503 and § 1512 charge two separate offenses has been clearly announced in United States v. Masterpol, 940 F.2d 760 (2d Cir.1991). 3 .

Tobin v. Gluck

11 F. Supp. 3d 280 · District Court, E.D. New York · Mar 28, 2014

Speakeasy, Inc., 685 F.3d 163, 167 (2d Cir.2012) (“We may ‘take judicial notice of a document filed in another court ... to establish the fact of such litigation and related filings.’” … At the pre-motion conference counsel for Defendant did inform the Court that he would discontinue the action but then qualified his statement to state that he would “probably” discontinue after speaking to his clients.

Gilead Sciences, Inc. v. Safe Chain Solutions, LLC

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

The Asset Freeze Order clearly identified Ms. Lopez as an Asset Restrained Defendant subject to the terms of the Order. Dkt. No. 627, at ¶ 1. … Lopez was clearly on notice that the sale would be contested by Gilead. Id. at 11:8-16. Ms.

Pineda v. Big City Realty Management, LLC

District Court, E.D. New York · Dec 17, 2024

But defendants point to no “error of law[,] clearly erroneous factual finding, or [a] decision [that] cannot be located within the range of permissible decisions.” Myers, 624 F.3d at 547. … At that point, it appears that plaintiff was the only employee that lived in the building for which he performed manual labor to maintain the building,5 qualifying him as a janitor of 3440 Broadway.

LPD New York, LLC v. Adidas America, Inc.

District Court, E.D. New York · Oct 10, 2024

LPD asserts that these damages constitute “out- of-pocket expenses,” “labor costs,” and “material costs” that qualify as reliance damages. … Adidas argues that Rule 408 “does not require exclusion of evidence from settlement negotiations if that evidence is offered to establish notice” or “to establish willfulness.” (Adidas Opp’n 1.)

Caesar v. Village of Mineola

District Court, E.D. New York · Mar 28, 2025

. ¶¶ 72, 74-75; Rini Sept. 2019 Memo at 2-3 (The “approval or denial of vacation time off is clearly a management function and clearly within [Mr. … To establish a prima facie case of discrimination, a plaintiff must show: “(1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse

Laferrera ex rel. M.J.S. v. Commissioner of Social Security

247 F. Supp. 3d 308 · District Court, E.D. New York · Mar 31, 2017

"The diagnosis of ulcer-ative colitis is established by finding characteristic intestinal ulcerations and excluding alternative diagnose.... … s urgent care and clinic visits related to coughing and respiratory illness would qualify as an "attack” as defined under the SSA.

Taneja

District Court, E.D. New York · Jun 16, 2026

See 8 U.S.C. § 1153(b)(2) (emphasis added); see also Kazarian, 596 F.3d at 1120 (“To qualify for the ‘exceptional ability’ visa, a petitioner must make a lesser showing of ability . . .”). … He contends that 8 C.F.R. § 204.5(h) clearly and unambiguously requires nothing more of an applicant than meeting the listed criteria. (Id. at 22).

Chauhan v. MM Hotel Management LLC

District Court, E.D. New York · Nov 18, 2019

Thus, a temporal relationship could be established between Plaintiff’s complaints and the retaliatory conduct. See Gorzynski v. … Thus, Plaintiff is clearly noting discrimination on the basis of national origin and religion, rather than ethnicity or race.

C. v. Commissioner of Social Security

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

“The substantial evidence standard is a very deferential standard of review—even more so than the clearly erroneous standard.” Schillo v. Kijakazi, 31 F.4th 64, 74 (2d Cir. 2022). … Past work is relevant to this analysis if the claimant performed the work within the past five years,5 the work qualifies as substantial gainful activity, and the work lasted long enough for the claimant to learn how to

Walden v. Kosinski

District Court, E.D. New York · Apr 5, 2025

Plaintiff seeks to establish an independent body called the “Independence Party,” a name that he alleges reflects his “core political message” of independence from the four established Parties in New York. … This case is clearly distinguishable. Unlike in Green Party, as this Court has already concluded, the Independence Ban does not amount to a severe burden on Plaintiff’s First Amendment rights.

Doe v. Franklin Square Union Free School District

District Court, E.D. New York · Oct 26, 2021

But Jacobson predates judicially established tripartite nuanced tiers of review to assess a statute’s constitutionality. … These plans should be clearly communicated to students, families, staff, and community stakeholders. Id.

Jean-Laurent v. Hennessy

840 F. Supp. 2d 529 · District Court, E.D. New York · Oct 24, 2011

“Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” United States v. Paredes, 176 F.Supp.2d 179, 181 (S.D.N.Y.2001). … The undersigned’s individual chamber practices establish a thirty-page limit for memoranda of law in support of motions on notice.

Carter-Marks v. Alstom Transport USA Inc

District Court, E.D. New York · Sep 19, 2025

The report thus clearly relates to not only Plaintiff’s and Mr. … The facts, therefore, establish that equitable tolling is not warranted.

Chen v. Xpresspa at Term. 4 JFK, LLC

District Court, E.D. New York · Oct 1, 2021

However, many Class members qualify as both FLSA and Rule 23 Class members. … Although plaintiffs have the burden of establishing compliance with each of the requirements of Rule 23, see In re U.S. Foodservice Inc.

Dimitrakios v. Colvin

District Court, E.D. New York · Sep 23, 2019

The record clearly indicates that EAD has been placed in an ICT classroom and receives academic assistance. … The records of qualified educational professionals were evidence which Dr.

United States v. Bruder

103 F. Supp. 2d 155 · District Court, E.D. New York · Jun 27, 2000

Both Bruder and Wiese qualify for departures of several points, but neither merit departures sufficient to bring their sentence below the statutory maximum. 1. … Wiese Wiese’s ten-year service as a police officer was clearly exceptional.

Pugh v. Casimir

District Court, E.D. New York · Sep 29, 2021

immunity; (6) the City should be dismissed because Plaintiff did not adequately establish that the City failed to discipline its officers pursuant to Monell v. … The uncontested record establishes that this delay lasted no longer than one hour.