Case law

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.

Cedeno v. Broan-Nutone, LLC

District Court, E.D. New York · Sep 30, 2019

However, his testimony is contradicted by the instruction manual itself, which clearly directs the user to remove the cover in preparation for installation and to replace it only once the unit has been screwed into place … Based on his professional background, as well as his prior experience installing a range hood at his brother’s home, he felt qualified to perform the installation. (Id. at 34:17-35:9.)

United States v. Wiesel

District Court, E.D. New York · Feb 26, 2024

The Court rejected this argument as well, pointing to case law that clearly establishes a claim for unjust enrichment may allege “that one party has parted with money or a benefit that … See 52 U.S.C. § 10502(c) (“No citizen of the United States who is otherwise qualified to vote in any election for President and Vice President shall be denied the right to vote . . . for

Corsini v. City of New York

District Court, E.D. New York · Dec 20, 2021

The penalty amount is established by law –– OATH hearing officers do not have the discretion to alter or waive a penalty amount. (Id. ¶ 25.) Penalties for Class One violations range from $1,000 to $25,000. … (Id. ¶ 134.) 10 Plaintiff alleges that other alternative avenues of payment were unavailable as he “did not believe he qualified for a waiver of his

Figueroa v. Commissioner of Social Security

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

Barnhart, 362 F.3d 28, 31 (2d Cir. 2004) (Noting a required capacity to sit for six hours in an eight-hour workday to qualify for sedentary work). … The ALJ’s abbreviated analysis did not clearly evaluate the plaintiff’s credibility according to the seven factors above as required by the regulations and SSR 16-3p cited supra.

Javier Soto Gomez, individually and on behalf of others similarly situated v. 4 Guys Realty, Inc. (D/B/A Grill Zone), Fares Kassim Yafai, Mansoor Kassim Shaibi, and Aisha Naser Saleh

District Court, E.D. New York · Dec 31, 2025

The Court has significant discretion to consider a number of factors in deciding whether to grant a default judgment, including: (1) whether the grounds for default are clearly established; (2) whether the claims were … Thus, based on the allegations in the Complaint, plaintiff qualifies as an “employee” and defendants as “employers” under the FLSA.

Lin

District Court, E.D. New York · Mar 25, 2026

Compl. ¶ 14.) 4 USCIS Form I-130, Petition for Alien Relative, https://www.uscis.gov/i-130 (last visited Mar. 23, 2026) (defining Form I-130 as the form used “to establish [a] qualifying relationship … The Second Circuit has held that “[S]ection 1252(a)(5) would clearly preclude the district court’s entertaining of a direct challenge to a removal order . . .

Olsen v. South Huntington Union Free School District

District Court, E.D. New York · Jun 26, 2024

prima facie discrimination] claim under the ADA are that: (1) the employer is subject to the ADA; (2) the plaintiff is disabled within the meaning of the ADA or perceived to be so by her employer; (3) she was otherwise qualified … The summary judgment record in this case clearly establishes that Olsen’s decision not to return to work for the 2020-21 school year was entirely voluntary.

Evans

District Court, E.D. New York · Mar 31, 2026

Similarly, the Fannie Mae Servicing Guide clearly distinguishes between mortgage loans that are merely delinquent and those that are in default. … “[A] class is ascertainable if it is defined using objective criteria that establish a membership with definite boundaries.”

Cantero v. Bank Of America, N.A.

District Court, E.D. New York · Sep 29, 2020

“[E]ven if the order qualifie[s] for certification under 28 U.S.C. § 1292(b), the certification decision is entirely a matter of discretion for the district court.” … Accordingly, the Court finds that the “controlling question” prong has been established. B.

Anderson v. Commissioner of Social Security

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

Additionally, to be entitled to DIB, a claimant must establish a disability prior to the expiration of insured status. Davis v. … Supp. 2d 410, 418 (S.D.N.Y. 2009) (plaintiff bears the burden of establishing the existence of a disability).

Hymes v. Bank of America, N.A.

District Court, E.D. New York · Sep 29, 2020

“[E]ven if the order qualifie[s] for certification under 28 U.S.C. § 1292(b), the certification decision is entirely a matter of discretion for the district court.” … Accordingly, the Court finds that the “controlling question” prong has been established. B.

Palmer v. Amazon.com Inc

District Court, E.D. New York · Nov 2, 2020

The party asserting that federal law preempts a state law claim bears the burden of establishing preemption. See Marentette, 886 F.3d at 117. … Thus, anything that qualifies as “benefits or wage supplements” is expressly excepted from the definition of “wages” for purposes of § 191’s timely payment requirements.

New Falls Corporation v. Soni Holdings, LLC

District Court, E.D. New York · Mar 8, 2021

claimed that the First R&R, which did not apply the Second Circuit’s heightened standard for assessing a preliminary injunction motion, ran afoul of the Noerr-Pennington doctrine, which creates a First Amendment-based immunity … the Court modify the dismissal as to Kapur from with prejudice to without prejudice, contending that dismissals pursuant to Rule 8 should generally give a party leave to amend and that with respect to Kapur, there is “clearly

Killoran v. Westhampton Beach School District

District Court, E.D. New York · Mar 22, 2022

Plaintiff further asserts that the “[2019 A]greement clearly provides that in circumstances where such instruction was temporarily compromised, that [A.K.] would be brought to the … To make out a prima facie case under the ADA or Section 504, a plaintiff must show: (1)that [he] is a qualified individual with a disability

Turano v. Zucker

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

[because] Plaintiffs bear a continuing duty to establish that they still possess standing to maintain this lawsuit.” (Id.) … Mar. 14, 2019) (“Qualified recipients of public assistance benefits have a property interest in their continued receipt of food stamps, Medicaid and cash assistance.”); Fishman, 743 F.

Freeman v. HSBC Holdings PLC

District Court, E.D. New York · Sep 30, 2025

§ 2331(1); see Linde, 882 F.3d at 326 (“[T]o qualify as international terrorism, a defendant’s act must also involve violence or endanger human life.” (citing id.)). … dilutes Rule 60(b)(6)’s well-established standard.” 145 S.

Powell Bey v. Westbury Union Free School District

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

Plaintiff also asserts that Articles III and VI of the federal Constitution “clearly state[] [that] treaties [do] not give the [United States] rights/jurisdiction over the Moors in a civil or criminal case,” ibid.; … Lumumba, 741 F.2d 12, 15 (2d Cir. 1984) (holding that a party cannot “unilaterally . . . assert diplomatic immunity” under the VCDR absent “recognition of another state’s sovereignty by the Department of State”).

City of New York v. Fleet General Insurance Group, Inc.

District Court, E.D. New York · May 12, 2021

App’x 30, 34 (2d Cir. 2016) (summary order) (reasoning that the “in whole or in part” language “clearly contemplates that the additional insureds might also be tortfeasors”); Pro Con, Inc. v. Interstate Fire & Cas. … Even under a narrower construction of Fleet’s policy, Fleet has a duty to defend the City because Con Edison’s allegations qualify for joint and several liability.

Durand v. Excelsior Care Group LLC

District Court, E.D. New York · Dec 9, 2020

To state a prima facie claim for race or national origin discrimination under either Title VII, “a plaintiff must show that (1) he is a member of a protected class; (2) he was qualified … Second, the SAC clearly seeks to allege that defendants violated plaintiffs’ rights protected by Title VII by engaging in wage discrimination based on national origin and race.