Case law

A.P. v. Dannhauser

District Court, E.D. New York · Mar 25, 2025

Clearly, this allegation is too conclusory to allege Mayor Adams’ personal involvement in this case. (See generally Compl., Dkt. 1.) … A plaintiff establishes the existence of a policy or custom by showing: (1) a formal policy officially endorsed by the municipality; (2) actions taken by government officials responsible for establishing

Buckley v. Bassett

District Court, E.D. New York · Mar 1, 2024

in accordance with a plan of treatment or (at the option of the State) otherwise authorized for the individual in accordance with a service plan approved by the state, (B) provided by an individual who is qualified … and recipients since March 15, 2019 who were not given 5 Plaintiff brings an eleventh cause of action, alleging that Defendants deprived Plaintiff and the two proposed Plaintiff classes of “rights, privileges, or immunities

Liu v. TD Ameritrade, Inc.

District Court, E.D. New York · May 4, 2020

The first question “is one only a court can answer, since in the absence of any arbitration agreement at all, questions of arbitra- bility could hardly have been clearly and unmistakably given over to an arbitrator.” … While that may be true, “qualified witnesses may make admissible state- ments based on their review of business records.” Kernaghan v.

United States v. Locascio

357 F. Supp. 2d 536 · District Court, E.D. New York · Sep 28, 2004

Nor, as the government’s proposal clearly concedes, is there any reason to subject these defendants to a lengthy RICO trial, much of which will have nothing to do with them. Id. at 650 . Similarly, in United States v. … In any event, whether the government establishes this theory or not, it is quite likely that Ms.

In Re Zyprexa Injunction

474 F. Supp. 2d 385 · District Court, E.D. New York · Feb 13, 2007

I want to emphasize as clearly as I can that in declining Your Honor’s invitation we mean absolutely no disrespect whatsoever to the Court. … The burden to establish good cause is placed on the party seeking protection. See 8 Wright & Miller at § 2035.

Roberts v. Genting New York LLC

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

Waiver may be established by affirmative conduct or by a failure to act that evinces the intent to abandon the right.” (citations omitted)). … If a party clearly waives its right to pursue a cause of action, that waiver will be binding in future actions absent exceptional circumstances. See Middle East Banking v.

Medical Depot, Inc. v. Med Way US, Inc.

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

The TTAB also offers guidance on what qualifies as trademark use. … Disgorgement of profits is a form of relief that “is rarely granted and [is] limited to situations in which the defendant’s profits represent unjust enrichment derived from diversion of business that clearly would otherwise

Williams v. Harry's Nurses Registry, Inc.

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

Based on the pleadings submitted and the Second Circuit’s recent review of the same, Plaintiff has successfully established liability for her two retaliation claims, and default judgment is clearly warranted against Defendants … Therefore, though a more recent phenomenon, doxxing causes the same types of harm as traditional forms of privacy invasion and thus qualifies as a form of retaliatory conduct under the FLSA and NYLL that gives rise to

Erdemir v. Allstate Marble & Granite, Kitchens and Baths Inc.

District Court, E.D. New York · Nov 30, 2023

Executive Exemption There is no evidence in the record demonstrating that Plaintiff qualifies for the executive exemption of the FLSA and the NYLL. … These are clearly his primary responsibilities, not the performance of unidentified and unsubstantiated managerial duties.

Faruque

District Court, E.D. New York · Feb 17, 2026

Plaintiff asserts that she was an exemplary employee, was well- qualified for her position, and received positive performance reviews in both 2021 and 2022. … To establish liability under § 8-107(1)(a)(3), “the plaintiff need only demonstrate ... ‘that she has been treated less well than other employees because of her gender.’” Mihalik v.

Patel v. Koninklijke Philips N.V.

District Court, E.D. New York · Sep 23, 2024

Rather, to qualify as strong, “an inference of scienter must be more than merely plausible or reasonable—it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.” … Precedent clearly forecloses this argument.

Mason v. Carranza

District Court, E.D. New York · Sep 22, 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. … Additionally, the district’s supervisor of psychologists testified that the failure to identify 12-month services on the IEP ‘appear[ed] to be a clerical error’ as the student was ‘entitled, clearly, without question, to

Izmirligil v. Select Portfolio Servicing, Inc.

District Court, E.D. New York · Apr 22, 2020

Between December 27, 2015 and July 30, 2018, Plaintiff and/or Plaintiff’s counsel sent several Qualified Written Requests5 (“QWR”) to Defendant.6 (See id. ¶ 71.) … The payoff statement clearly does not meet the requirements of the FDCPA.” (Def’s Br., Dkt. 18- 20, at 18.)

Halloway v. City of New York

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

The privilege is a qualified one. Once it has attached, “there is a need to balance the public interest in nondisclosure against the need of the particular litigant for access to the privileged information.” … Id. at *6. 10 In this case, the Court also notes that the drafts are substantively similar to the final CCRB closing reports, while the vast majority of the edits are focused on ensuring that the facts are clearly

Emerson Electric Co. v. Holmes

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

Thus, Brunswick is clearly inapplicable. … Moreover, judicial delay that alters the priority of liens and judgments qualifies as injustice that warrants nunc pro tunc relief.

Pichardo v. O'Malley

District Court, E.D. New York · Jan 31, 2024

A claimant qualifies as disabled when she is unable to “engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected … manifested bias or inappropriate hostility toward any party; (3) a clearly apparent refusal to consider portions of the testimony or evidence favorable to a

Best Payphones, Inc. v. City of New York

District Court, E.D. New York · Oct 4, 2019

Plaintiff clearly had the ability, and, given the lengthy course of this litigation, the time, to provide evidence necessary to support this claim. … Plaintiff’s complaint does not clearly assert the basis for its equal-protection claim. (See TAC ¶¶ 230–38.)

Walker v. Lynn

District Court, E.D. New York · Aug 12, 2024

The reviewing court determined that Petitioner’s prior 1994 and 2007 convictions both qualified as predicate violent felony convictions, as defined in N.Y. Penal Law § 70.04(1)(b). … A federal court may not issue a writ of habeas corpus unless the state court's decision was “contrary to, or involved an unreasonable application of, clearly established Federal law” or was

The Brooklyn Union Gas Company, doing business as National Grid NY v. Consolidated Edison Company of New York, Inc., The City of New York, The United States of America, The United States Department of Defense, The United States Department of the Navy, The United States Department of the Army, The United States Coast Guard, The Federal Maritime Commission, The United States Postal Service, The United States General Services Administration, Astoria Generating Company, L.P., Ballantyne Legacy Holdings, LLC, Bayside Fuel Oil Corporation, Beazer East, Inc., The Brink’s Company, Brooklyn Improvement Company, Dun and Bradstreet Corp., Hess Corp., The Kraft Heinz Company, Mciz Corp., 36-2nd J Corp., 15 Second Avenue LLC, 107

District Court, E.D. New York · Mar 29, 2026

Ohio Mar. 27, 2020) (“In order to establish CERCLA § 113(f) liability . . . [the p]laintiff ‘must look to § 107 to establish the basis and elements of the liability’ of [the defendant].” … “Identifying property that is part of an NPL site does not establish CERCLA liability.

Urquizo v. Community Loan Servicing LLC

District Court, E.D. New York · Apr 11, 2025

Mar. 27, 2024) (declining to abstain pursuant to Colorado River in part because “though the two actions clearly overlap in that they both relate to the Loan, there is no indication or allegation that the State Foreclosure … These requests are referred to as qualified written requests (“QWR”) and must include the borrower’s name and account information and “a statement of the reasons for the belief of the borrower, to the extent applicable