Case law

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.

Claud v. Brown Harris Stevens Residential Sales, LLC

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

Under the foregoing caselaw, BHSH has clearly proffered a legitimate, non-retaliatory reason for Claud’s termination. … The evidence at trial clearly established that BHSH did not fire Claud because of any good-faith concerns about her professionalism or temperament.

Won v. Amazon.com, Inc.

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

Andrews, 655 F.3d 89, 99 (2d Cir. 2011) (“In a class action, once standing is established for a named plaintiff, standing is established for the entire class.”) … The court is satisfied that Won’s counsel Outten & Golden LLP is qualified to serve as class counsel.

Kasseris

District Court, E.D. New York · Jan 12, 2026

Nov. 29, 2021); see also Chui, 2021 WL 4482656, at *2 (explaining that “the Second Circuit has set forth various tests and factors to determine whether a party qualifies as an employer within the meaning of the FLSA and … Thus, the sham affidavit rule “does not apply if the statements are not actually contradictory or the later sworn assertion addresses an issue that was not thoroughly or clearly explored before.” Id. (quoting Brown v.

Martin v. Nieuw Amsterdam Property Management, LLC

District Court, E.D. New York · May 27, 2025

Martin do not establish that the assault was foreseeable. Ms. … Martin’s claim for negligent supervision and retention cannot qualify for punitive damages because “there is no evidence that [it] acted with malicious intent toward [Ms.

Gould v. ILKB LLC

District Court, E.D. New York · Jun 9, 2022

The Moving Defendants further argue that Representation [17] is unactionable because “representations about the suitability of the franchise system for absentee ownership clearly qualify as opinion.” Def. … The Burgos Court held that such facts could establish successor liability.

In re Baidu, Inc. Securities Litigation

District Court, E.D. New York · Sep 30, 2024

“To qualify as ‘strong’ . . . an 28 Here, Defendants challenge Count I of the iQIYI SACC and Count I of the Baidu ACC on the grounds that the Operative Complaints fail to plead any actionable misstatement or omission … Supp. 2d 281, 352 (S.D.N.Y. 2003) (stating that “[i]n order to establish a prima facie Section 15 claim, a plaintiff need only establish (1) control, and (2) an underlying violation of Section 11”).

Lachman v. Revlon, Inc.

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

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 Stanely, 784 F. … Those allegations are insufficient to establish scienter.

Rodriguez-Acurio

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

See ECF No. 20-2; Pet. ¶ 16; Aviles-Mena, 2025 WL 2578215, at *4 (concluding that Petitioner “no longer qualifies for expedited removal because he was ‘paroled’ into the United States and has been living and working in … No one disputes that Rodriguez is “an applicant for admission” or that she is “not clearly and beyond a doubt entitled to be admitted.”

In Re: iQIYI, Inc. Securities Litigation

District Court, E.D. New York · Sep 30, 2024

“To qualify as ‘strong’ . . . an 28 Here, Defendants challenge Count I of the iQIYI SACC and Count I of the Baidu ACC on the grounds that the Operative Complaints fail to plead any actionable misstatement or omission … Supp. 2d 281, 352 (S.D.N.Y. 2003) (stating that “[i]n order to establish a prima facie Section 15 claim, a plaintiff need only establish (1) control, and (2) an underlying violation of Section 11”).

Bordonaro v. FCI Lender Services, Inc.

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

With respect to Bordonaro’s first argument, I adopt the R&R’s finding that Bordonaro’s certificate of service was insufficient to establish proof of service on AMIP. … failed to provide a single point of contact, solicited “mortgage modification applications that it never intended to consider” in an attempt to secure higher interest rates by postponing default, failed to respond to “qualified

Tafolla v. S.C.D.A.O

District Court, E.D. New York · Aug 19, 2021

Applicable Law Under the ADA, employers are prohibited from “discriminat[ing] against a qualified individual on the basis of disability in regard … Plaintiff tendered several follow-up requests for an accommodation that Defendants promptly granted, thereby undermining any claim of an “objectively reasonable perception that the process [was] clearly

In re Chembio Diagnostics, Inc. Securities Litigation

District Court, E.D. New York · Feb 23, 2022

I will not, however, accept allegations in the complaint if they are clearly contradicted by relevant documents that I have authority to consider (see Discussion I, infra). TufAmerica, Inc. v. Diamond, 968 F. … To qualify as reckless, defendants’ conduct must have been “highly unreasonable” and “an extreme departure from the standards of ordinary care.” Novak, 216 F.3d at 311 (citation omitted).

Pawelsky v. County of Nassau

District Court, E.D. New York · Jul 31, 2023

Plaintiffs also argue that their business records clearly doc- ument their suppliers and indicate that all of their inventory was lawfully obtained. Ud. 96-97.) … Unlike Trump, however, this case has not been brought by the President, and does not require a first-impression analysis of a sitting President’s claim for immunity. Id. at 638-39.

Johnson v. City of New York

District Court, E.D. New York · Sep 18, 2019

At the pleading stage, a plaintiff alleging discrimination needs to show “(1) that [he] is a member of a protected class; (2) that [he] was qualified for employment in the position; (3) that [he] suffered an adverse employment … Plaintiff has clearly alleged at least one adverse employment action: his final termination in June 2017.

Sevilla v. House of Salads One LLC

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

The Court “possesses significant discretion and may consider a number of factors in deciding whether to grant a default judgment, including whether the grounds for default are clearly established and the amount of money … “It should be noted that the FLSA ‘contains a litany of exemptions’ to qualified employees.” Id. (quoting Chen v. Major League Baseball, 6 F. Supp. 3d 449, 454 (S.D.N.Y. 2014)).

Bahadur

District Court, E.D. New York · Feb 19, 2026

Work is past relevant work if a claimant performed the work within the past 15 years, the work qualifies as substantial gainful activity, and the work lasted long enough for a claimant to learn how to do it. … Plaintiff next argues that the ALJ failed to establish a specific basis for dismissing his subjective symptom testimony. See Pl.’s Mot. at 9-11.

Penn-Star Insurance Company v. Speedo Corp.

District Court, E.D. New York · Sep 30, 2024

s disclaimer is measured from the point in time when the insurer first learns of the 5 For the purpose of its motion, Penn-Star does not actually dispute NYCHA’s argument that, pursuant to the Policy, NYCHA would qualify … However, the facts in Travelers are clearly distinguishable from what happened here.

Lee v. Visa U.S.A. Inc.

District Court, E.D. New York · Dec 16, 2019

“Determination of adequacy typically ‘entails inquiry as to whether: (1) plaintiff’s interests are antagonistic to the interest of other members of the class and (2) plaintiff’s attorneys are qualified, experienced and … This assessment implicates several Grinnell factors, including: (i) the complexity, expense and likely duration of the litigation; (ii) the risks of establishing liability; (iii) the risks of establishing damages; and (

Collazos v. Garda CL Atlantic, Inc.

District Court, E.D. New York · Mar 31, 2023

“It is well established that a cause of action to compel arbitration accrues when a party unequivocally refuses a demand to arbitrate.” Harrington, 820 F.2d at 38. … Court finds that they are not exempt under the FAA and must arbitrate their claims. 13 Circuits are divided on whether a plaintiff must demonstrate membership in the “transportation industry” to qualify