Case law

RJE CORP. v. Northville Industries Corp.

198 F. Supp. 2d 249 · District Court, E.D. New York · Apr 25, 2002

To qualify, a controversy must be “of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.” Maryland Casualty Co., v. … That the parties so clearly and specifically capped RJE’s responsibility for the environmental liabilities in the PPAA informs that they did not intend to permit Northville to impose an obligation in excess of that cap on

In Re Synergy Pharmaceuticals Inc. Securities Litigation

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

None of these allegations establish that the defendants’ statements were false. … The plaintiffs’ conclusory allegation that Hamilton “had access to the entire CRG Loan agreement,” without more, is clearly inadequate.

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.

United States v. Pitera

795 F. Supp. 546 · District Court, E.D. New York · May 26, 1992

Pitera already cites authority supporting an instruction that brutal conduct only qualifies as “torture” or “serious physical abuse” if it was inflicted before, rather than after, the death of a victim. See Godfrey v. … Although the Supreme Court has not required legislatures to permit jury consideration of all relevant aggravating factors in pursuing individualized capital sentencing, it clearly favors procedures that do “not ... impose

Davis v. Banks

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

The New York City Department of Education (“DOE”) is the local agency responsible for providing a FAPE to all qualifying disabled children. Melendez v. … “The IEP consists of an evaluation of the student’s needs and a program of instructions that outlines ‘the child’s present educational performance, establishes annual short-term objectives for improvements in that

Sharpe v. A & W Concentrate Company

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

On the other hand, images provided by defendants are from a different angle, in which the “MADE WITH AGED VANILLA” statement is masked and unintelligible, while the statement “Natural and Artificially Flavored” is clearly … I therefore must consider the challenged advertisement as a whole, including disclaimers and qualifying language. See id.

Parker v. Mandarich Law Group, LLP

District Court, E.D. New York · Jun 9, 2021

Supp. 2d at 461–62 (finding sufficient personal knowledge where the affiant was a corporate officer of the defendant, which qualified her to review the relevant business materials and … A plain reading of the Collection Letter shows that the letter conforms with the requirements set forth in § 1692g(a)(2) and clearly states “the name of the creditor to whom the debt

Goldstein v. United States

9 F. Supp. 2d 175 · District Court, E.D. New York · Jun 22, 1998

General Statutory Provisions and Principles It is axiomatic that the doctrine of sovereign immunity bars suit against the United States without its consent. See United States v. … City of New York, 129 A.D.2d 697 , 514 N.Y.S.2d 459 (2d Dep’t 1987) (plaintiff’s injured knee required several surgical procedures and resulted in chronic pain in her back and knee; jury award of $1,426,431 found to be clearly

Johnson v. City of New York

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

The Individual Defendants assert that the Post article qualifies as a “petty slight or minor annoyance” and cite to Van Dyke v. … plaintiff leave to amend his complaint to assert a claim against the City Defendants “under section 1983 asserting that they ‘depriv[ed] [plaintiff] of [the] rights, privileges, or immunities

Romco Structural Systems Corp. v. Axis Insurance Company

District Court, E.D. New York · Mar 31, 2022

On motions for summary judgment, the moving party bears the initial burden of establishing the absence of a material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … The language in the New York limitation and the worker’s bodily injury exclusion is clear and unambiguous and, for the reasons discussed above, clearly precludes coverage for Mr. Rojas’ bodily injury.

Zwiebel v. Saul

District Court, E.D. New York · Nov 17, 2020

She further testified that for the six years 3 Although Plaintiff testified that her last day worked was in 2015, the record clearly establishes that it was in 2016. (R. 49; Pl. … Further, Plaintiff testified that she “chronically” gets sick because her “immune system is very weak.” (R. 48.)

Rosalie v. Supreme Glass Co., Inc.

District Court, E.D. New York · Oct 23, 2020

Supreme merely cites paragraphs of Rosalie’s counterstatement of facts and does not clearly identify the alleged contradictions. … Rosalie’s complaint to Eschelbacher in April 2017 does not qualify as a protected activity. (Rosalie Decl. ¶ 152).

NOVAGOLD Resources Inc. v. J Capital Research USA LLC

District Court, E.D. New York · Mar 28, 2022

Kel & Partners LLC, where the defendant’s statement was “full of qualifiers—such as ‘reputation,’ ‘word of the street’ and ‘whispered’—which ma[d]e clear that [defendant’s] statement [was] one of opinion.” 151 F. … Under New York law, statutory amendments are “presumed to have prospective application unless the Legislature’s preference for retroactivity is explicitly stated or clearly indicated.”

Newkirk v. Pierre

District Court, E.D. New York · Aug 26, 2020

The analysis that led the courts in these cases to conclude that commonality was established applies here as well. … Hassberg’s declaration, class counsel—the Empire Justice Center and the National Center for Law and Economic Justice—are able, qualified, and experienced.

Ozuzu v. Greenpoint Mortgage Funding

District Court, E.D. New York · Sep 23, 2020

Rather, “in order to qualify as an ‘expressly authorized’ exception to the anti-injunction statute, an Act of Congress must have created a specific and uniquely federal right or remedy, enforceable in a federal court of … Put differently, the doctrine of issue preclusion “precludes a party from relitigating . . . an issue clearly raised in a prior action . . . and decided against that party . . .

Fusco v. County of Nassau

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

[state law] subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution … Thus, the revocation provision clearly links back to the initial eligibility section, which includes the good cause standard.

United States v. Eppolito

436 F. Supp. 2d 532 · District Court, E.D. New York · Jun 30, 2006

While there may be disagreement as to the value of the sometimes baroque style of these two attorneys, they were clearly skilled, dedicated to their clients, and enormously hardworking. … That rule cannot be manipulated in order to punish the guilty who under the law are immune.

Rowe Plastic Surgery of New Jersey, L.L.C. and Norman Maurice Rowe, M.D., M.H.A., L.L.C. v. Aetna Health and Life Insurance Company

District Court, E.D. New York · Jun 26, 2026

Plaintiffs allege that during the December 21, 2020 call Aetna offered to reimburse the Patient’s procedure at 90th percentile of the usual, customary, and reasonable (“UCR”) rate and “did not qualify the statement by … App’x 83, 84 (2d Cir. 2015) (“‘A court should not’ take judicial notice of a fact ‘that is an essential part of a party’s case unless the fact is clearly beyond dispute.’” (quoting Pina v.

Mayorga v. Greenberg

District Court, E.D. New York · Sep 28, 2023

That framework requires a plaintiff to “establish a prima facie case of discrimination by showing that: (1) she is a member of a protected class; (2) she is qualified for the position; (3) she suffered an adverse employment … The NYCHRL’s standard is either equivalent to or more lenient than the NYSHRL’s, so the plaintiff’s allegations that she was constructively discharged under the NYSHRL clearly plead “an unfavorable change” under the NYCHRL

De Figueroa v. New York State, State University of New York at Stony Brook

District Court, E.D. New York · Sep 8, 2022

However, while temporal proximity alone may be enough to establish a plaintiff’s prima facie case, it is “not enough to establish pretext,” Abrams v. Dep’t of Pub. … However, none of those paragraphs discuss actions taken by Gergen that show overt hostility to people who take FMLA leave; rather, they only discuss Plaintiff’s belief that she was the most qualified candidate