Case law

Nutriband, Inc. v. Kalmar

District Court, E.D. New York · Jul 20, 2020

Jan. 18, 2001) (“Second Circuit authority clearly establishes that the con- stitutionality of in personam jurisdiction in federal question cases where Congress has provided for worldwide service is to be de- termined … This is because the statements contain sufficient qualifying language— e.g., “we anticipate” and “sales potential” and “expected monthly sales revenue”—such that they constitute general statements of corporate optimism

Bell v. Saul

District Court, E.D. New York · Sep 17, 2021

In addition, the ALJ noted that the “record does not establish a shoulder impairment.” (R. 47.) The ALJ also assigned “little weight” to the opinion of Dr. … “An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan, 493 U.S. at 530; Gonzalez ex rel. Guzman v. Sec’y of U.S. Dep’t of Health & Hum. Servs., 360 F.

United States v. Polouizzi

687 F. Supp. 2d 133 · District Court, E.D. New York · Feb 11, 2010

Such conditions, in his opinion, “shouldn’t interfere with someone’s ability to think clearly.” Id. at 1233. … Often juries returned special verdicts convicting on a lesser charge in order to make the defendant eligible for “benefit of clergy,” i.e., immunity from hanging.

Cruz Baez v. Amazon Fulfillment

District Court, E.D. New York · Mar 7, 2023

dismiss, “absent direct evidence of discrimination, what must be plausibly supported by facts alleged in the complaint is that the plaintiff is a member of a protected class, was qualified … Although Plaintiff does not clearly allege that her termination was based on national origin discrimination, the Court liberally construes two incidents in Plaintiff’s Amended Complaint

Hood ex rel. Mississippi v. Eli Lilly & Co.

671 F. Supp. 2d 397 · District Court, E.D. New York · Dec 1, 2009

Feb. 20, 2008) (granting summary judgment for defendant because prescribing doctor’s “testimony clearly revealfed] that stronger warnings concerning the risk of suicide would not have changed his decision to prescribe”), … It is asserted that “there were substantially less costly and equally effective treatments available for non-medieally necessary uses, which precludes Zyprexa from qualifying as ‘medically necessary’ under the [Division of

Salim v. Mobile TeleSystems PJSC

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

Nor have the plaintiffs established corporate scienter. … Accordingly, the plaintiffs have not established conscious recklessness. II.

In Re Zyprexa Products Liability Litigation

671 F. Supp. 2d 397 · District Court, E.D. New York · Dec 1, 2009

Feb. 20, 2008) (granting summary judgment for defendant because prescribing doctor's "testimony clearly reveal[ed] that stronger warnings concerning the risk of suicide would not have changed his decision to prescribe"), … It is asserted that "there were substantially less costly and equally effective treatments available for non-medically necessary uses, which precludes Zyprexa from qualifying as `medically necessary' under the [Division of

Filippi v. Elmont Union Free School District Board of Education

722 F. Supp. 2d 295 · District Court, E.D. New York · Jul 2, 2010

As discussed supra, Ferrigno’s fiduciary relationship to the Board is sufficient to qualify as “representation” of the Board within the meaning of Rule 1.7(a). … To establish a claim for equitable estoppel under New York law, a party must show: "(1) [a]n act constituting a concealment of facts or a false misrepresentation; (2) [a]n intention or expectation that such acts will be relied

Gordon v. Griffith

88 F. Supp. 2d 38 · District Court, E.D. New York · Mar 16, 2000

This provision recognizes “a State’s constitutional responsibility for the establishment and operation of its own [representative] government.” … It established the Pickering balancing test: the public employer’s asserted interests are balanced against the speech interests of the employee.

Berroyer v. United States

990 F. Supp. 2d 283 · District Court, E.D. New York · Jan 2, 2014

The Court also finds that the plaintiff has established that he will have some pain and difficulty in walking, in the future. … Also, “a claim for lack of earnings must be established with reasonable certainty.” Morgan v. Rosselli, 23 A.D.3d 356, 357 , 804 N.Y.S.2d 763 (2d Dept.2005); see also Gomez v.

Makhnevich v. Bougopoulos

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

Supp. 3d 156, 166 (S.D.N.Y. 2015) (finding it “clearly proper to take judicial notice” of “documents retrieved from official government websites”); see also Cangemi v. … Lee illustrates Plaintiff’s failure to rebut the presumption of service established by the process server’s affidavit. 148 N.Y.S.3d 169 (2d Dep’t 2021).

Ochakoff v. Qiwi plc

District Court, E.D. New York · Nov 3, 2023

Statements are actionable under Rule 10b-5 only if they were “false when made” and do not qualify as mere “optimistic statements or puffery.” Stratte-McClure v. Morgan Stanley, 784 F. … Section 20(a) establishes liability for those who control persons or entities who violate provisions of the Exchange Act. See 15 U.S.C. § 78t(a).

Alvarez v. Experian Information Solutions, Inc.

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

Khalil clearly alleges that he was the subject of an Experian report containing an inaccurate OFAC record. Mr. … Conn. 2023) (emphasis added) (plaintiff “clearly suffered an injury in fact as a result of [defendant] publishing his credit report bearing the misleading OFAC alert.”).

Oliver v. American Express Company

District Court, E.D. New York · Jul 17, 2025

Supp. 3d 254, 272 (S.D.N.Y. 2016) (same); see also Borukh, 2025 WL 1220042, at *6 (“[A] witness may establish personal knowledge based on a review of business records.”). … Supp. 3d 233, 241 (E.D.N.Y. 2024) (“The court may exclude the disputed evidence only if the evidence is clearly inadmissible on all potential grounds.”). Thus, until Ms.

Hanspal v. Epstein

District Court, E.D. New York · Sep 20, 2019

He does not respond to any of Defendants’ arguments in their motion to dismiss, and instead spends the majority of the brief trying to establish that Chase’s attorney in another case “collude[d] with [Defendants’ attorney … Finally, Plaintiff’s request for sanctions is denied as the motion to dismiss clearly was not frivolous given that it was granted in its entirety.

The Roman Catholic Diocese of Brooklyn, New York v. Cuomo

District Court, E.D. New York · Oct 16, 2020

First, in order to argue that EO 202.68 treats religious gatherings worse than secular compara- tors, the Diocese urges the court to second guess the State’s judgment about what should qualify as an essential … law falls unequally does not establish that the law was designed to target religious groups.

Engram v.GSK Consumer Healthcare Holdings(US)Inc.

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

Clearly, context continues to matter.° The better reading of Mantikas and these other cases is that the extent to which context matters will necessarily ° Multiple district court … Supp. 3d 94, 102-04 (E.D.N.Y. 2020) (ambiguous qualifying language on the back could not cure affirmative misrepresentation on the front). 11 depend on the nature

International Brotherhood of Electrical Workers Local 2230 v. Brookhaven Science Associates, LLC

District Court, E.D. New York · Sep 21, 2021

Similarly, in Thomas, an opinion from the Sixth Circuit, the court held that the arbitrator exceeded his authority by writing-in qualifying reasonableness language to a collective bargaining agreement term that explicitly … Respondent has not met its burden in establishing that the Arbitrator was aware of the contract coverage standard.

St Louis v. Sugar Rush Inc.

District Court, E.D. New York · Aug 18, 2025

In light of Defendants’ failure to respond to both Plaintiff’s and the Court’s notices regarding the default motion and given the fact Defendants clearly had actual notice in this case, “there is no indication that requiring … “It follows, therefore, that for purposes of this default, [Plaintiff] qualifies as an ‘employee’ under the FLSA.” Garcia v. Badyna, No. 13-CV-4021 (RRM) (CLP), 2014 WL 4728287, at *5 (E.D.N.Y.

United States v. Sixty-One Thousand Nine Hundred Dollars & No Cents ($61,900.00) Seized From Account Number XXXXXX4429 Held in the Name of PRP Restaurant, Inc.

802 F. Supp. 2d 451 · District Court, E.D. New York · Aug 15, 2011

Clearly, not all of the numbers on his sheets are made up — most are not. … I find Guerci qualified and his testimony, except to the extent noted below, reliable. See United States v. Monaco, No. 98-1386, 1999 WL 980946 , 1999 U.S.App. LEXIS 26869 (2d Cir.