Case law

Monteith v. Commissioner of Social Security

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

App’x 44, 46 (2d Cir. 2019) (“For a claimant to qualify for benefits by showing that [her] unlisted impairment, or combination of impairments, is ‘equivalent’ to a listed impairment, [s]he must present medical findings … “[A] finding of ‘not severe’ should be made if the medical evidence establishes only a ‘slight abnormality’ which would have ‘no more than a minimal effect on an individual’s ability to work.’” Rosario v.

Hoeffner v. D'Amato

District Court, E.D. New York · Jun 2, 2022

The allegations and affidavit submitted by Named Plaintiffs establish the following. … Indeed, the Supreme Court expressly left open the possibility that participants in a defined-benefit plan could have standing if they “plausibly and clearly claim that the alleged mismanagement of the plan substantially

Hart v. County of Suffolk

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

useful backstop against discovery abuses that do not clearly violate [FRCP] 26(g) and 37.” Id. at 236. … That statute “provides a civil claim for damages against any person who, acting under color of state law, deprives another of a right, privilege or immunity secured by the Constitution or the laws of the United States.”

Guthrie v. Rainbow Fencing Inc

District Court, E.D. New York · Mar 20, 2025

Here, Defendants bear the burden to establish lack of personal jurisdiction. … “Willfulness in the default judgment context looks to ‘egregious or deliberate conduct,’ and even ‘grossly negligent’ actions do not necessarily qualify.” United States v.

Iberia Foods Corp. v. Latinfood U.S. Corp.

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

Thus, in order for Defendants to recover fees for this second, federal action, they cannot rely on Rule 41(d)(1); rather, they must establish the exception to the general rule that each … clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.” Fed. R. Civ. P. 65(b)(1)(A).

Melendez v. Porter

District Court, E.D. New York · Sep 26, 2023

The goal of the IDEA is “[t]o ensure that qualifying children receive a FAPE.” R.E., 694 F.3d at 175. … S.W., 725 F.3d at 139 (“Where an SRO has clearly demonstrated a better command of the record and supported her conclusions through better legal and factual analysis than an IHO, we will have M.H. v. N.Y.C.

City Calibration Centers, Inc. v. Heath Consultants Inc.

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

Given the FAC’s reliance upon the Quinones Email in framing Count One of the FAC, together with the fact Plaintiffs clearly had notice of its contents due to their quotation of same, the … qualify as a signed writing.”).

Doe 2 v. The Congregation of the Sacred Hearts of Jesus and Mary

District Court, E.D. New York · Sep 24, 2024

“On a motion to dismiss a complaint under Rule 12(b)(3) for improper venue, the plaintiff bears the burden of establishing that venue is proper.” Cold Spring Harbor Lab’y v. Ropes & Gray LLP, 762 F. … Plaintiffs admit as much, stating that they filed suit in New York to take advantage of the CVA’s extended statute of limitations and asking not to be transferred to Massachusetts— where venue would clearly be proper—because

Doe v. United States

168 F. Supp. 3d 427 · District Court, E.D. New York · Mar 7, 2016

Considering those efforts along with her life circumstances generally, I conclude that Doe is fit not only be hired by a nursing agency in need of a qualified employee, but she to also be relieved of the long list of collateral … Noonan, 906 F.2d 952, 956 (3d Cir.1990) ("Clearly, a federal court has the inherent power to expunge an arrest and conviction record.” (citations omitted)); Geary v.

Khan v. Addys BBQ LLC

District Court, E.D. New York · Nov 6, 2019

A), the reference to Queens clearly does not refer to the Astoria restaurant, as it was not opened until eight (8) months thereafter. … Only the second Polaroid factor, i.e., the similarity of the marks, clearly weighs in favor of plaintiff.

RKI Construction, LLC v. WDF Inc.

District Court, E.D. New York · Nov 6, 2020

WDF asserts that the August 28, 2013 Letter qualified as a 48-hour notice of default delivered to RKI. (Def. Mem. at 27.) … Based on the foregoing, RKI’s performance in June through August 2013 is immaterial to the breach of the sub- subcontract claim because WDF clearly and unambiguously represented

Kang v. Romeo

District Court, E.D. New York · Aug 14, 2020

He qualified his conclusion, however, stating that 21 Susceptibility Weighted Imaging (SWI), an MRI technique. … Gidumal did not clearly indicate whether, considering the sum of the evidence at his disposal, Lee’s cervical spine conditions were degenerative in nature. See supra Discussion, Part II.C.

Bowman v. HSBC Holdings PLC

District Court, E.D. New York · Jun 5, 2020

that Defendants had provided, or conspired to provide, material support to a designated terrorist organization, this conduct in itself qualifies as an international act of terrorism under the ATA or JASTA. … Here, Plaintiffs do not allege that Commerzbank administered or oversaw any special program or fund, the purpose of which was clearly tied to terrorist activity, so as to permit a plausible inference that Commerzbank was

Freeman v. HSBC Holdings PLC

District Court, E.D. New York · Jun 5, 2020

that Defendants had provided, or conspired to provide, material support to a designated terrorist organization, this conduct in itself qualifies as an international act of terrorism under the ATA or JASTA. … Here, Plaintiffs do not allege that Commerzbank administered or oversaw any special program or fund, the purpose of which was clearly tied to terrorist activity, so as to permit a plausible inference that Commerzbank was

Fairmont Insurance Brokers Ltd. v. HR Service Group d/b/a Infiniti HR

District Court, E.D. New York · Nov 22, 2024

Specifically, Count I alleges that Infiniti breached the Contract when it failed to “manage and administer health in- surance benefits” for Fairmont’s employees; Count II alleges that Infiniti breached its fiduciary duty “as clearly … Although neither party addresses the issue, because it is the more obvious argument under Davila prong one, step one, the court considers whether Fairmont qualifies as an “employer” within the meaning of Section 502(a

Lewis v. Experian Information Solutions, Inc.

District Court, E.D. New York · Mar 27, 2024

consumer’s credit reports” and “refus[ing] to properly update credit reports of consumers” so that “the consumer will be forced to pay off any listed balances in order to obtain favorable credit terms, refinancing or to qualify … clearly and accurately disclose to the consumer . . . [a]ll information in the consumer’s file at the time of the request.” 15 U.S.C. § 1681g(a)(1).

Dobroff v. Hempstead Union Free School District

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

Title VII claim, is dismissible for failing to exhaust administrative remedies given the failure to file a charge of discrimination with the EEOC. 790 F.3d 378, 384 (2d Cir. 2015) ("It is well established … Retaliation The complaint does not clearly allege a retaliation cause of action and Plaintiff's motion papers make only passing reference to a retaliation claim

G.M.M. v. Kimpson

116 F. Supp. 3d 126 · District Court, E.D. New York · Jul 29, 2015

The directive established four “racial” categories (“American Indian or Alaskan Native,” “Asian or Pacific Islander,” “Black,” and “White”) for federal legislative, programmatic and administrative purposes. … The Public Works Employment Act of 1977, requiring that fifteen percent of funds for public works be set aside for qualified minority contractors, was upheld. Id. at 492 , 100 S.Ct. 2758 .

UFCW Local 1776 & Participating Employers Health & Welfare Fund v. Eli Lilly & Co.

253 F.R.D. 69 · District Court, E.D. New York · Sep 5, 2008

Aug.24, 2006) (establishing disbursement procedures). … “At the doses clinically used, Risperdal clearly has more incidence of EPS” than do the other SGAs.

Berkson v. Gogo LLC

147 F. Supp. 3d 123 · District Court, E.D. New York · Dec 4, 2015

The new interface on defendants’ website, displays an easy-to-read matrix that clearly identifies which of its products automatically renews each month, and which do not. … In response to the instant suit, defendants have changed their website to clearly indicate that their plans are automatically renewing and will result in a recurring monthly charge.