Case law

Deutsch Ex Rel. Estate of Deutsch v. Novartis Pharmaceuticals Corp.

768 F. Supp. 2d 420 · District Court, E.D. New York · Mar 8, 2011

Vogel has been established as an expert who is qualified to *445 opine on the dose-response relationship generally and his extensive discussion of the studies supporting and questioning that relationship support the reliability … In 2005 an Adjudication Committee was established to determine if any of the HORIZON-PFT participants developed ONJ.

Jones v. Stinson

94 F. Supp. 2d 370 · District Court, E.D. New York · May 11, 2000

The Appellate Division’s decision involved an unreasonable application of clearly established federal law. … established federal law.

Ahmed v. Town of Oyster Bay

District Court, E.D. New York · Jan 17, 2023

on the submitting party, although qualified immunity may be available. … to obtain an arrest warrant” and instead holding “that such a function is only protected by qualified immunity.”)

Evans v. Solomon

681 F. Supp. 2d 233 · District Court, E.D. New York · Jan 19, 2010

Qualified Immunity The doctrine of “[qjualified immunity shields police officers acting in their official capacity from suits for damages ... unless their actions violate clearly-established rights of which an objectively … Solomon to believe that his actions did not violate a clearly-established right.

Joseph S. v. Hogan

561 F. Supp. 2d 280 · District Court, E.D. New York · May 23, 2008

The Second Circuit has stated that In order to establish a violation under the ADA, the plaintiffs must demonstrate that (1) they are “qualified individuals” with a disability; (2) that the defendants are subject to the ADA … Section 1983 provides a remedy only for the deprivation of “rights, privileges, or immunities secured by the Constitution and laws” of the United States.

Goldberg v. Cable Vision Systems Corp.

193 F. Supp. 2d 588 · District Court, E.D. New York · Mar 23, 2002

The Town clearly has delegated such authority to Cablevision. … According to Jackson Dairy, the movant must clearly establish the following: “(a) irreparable harm; and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make

Smith v. Rosado

District Court, E.D. New York · Mar 31, 2022

immunity. … For example, the defense of qualified immunity may shield a state official who acts under the authority of an unconstitutional state law; in most instances, compliance with state law is unlikely to violate clearly established

United States v. Rozzi

479 F. Supp. 647 · District Court, E.D. New York · Sep 11, 1979

the enforcement of an IRS summons is the statutory procedure established by Congress set forth in 26 U.S.C. §§ 7402 , and 7604. … This argument might be raised by the Nassau County Supreme Court in charge of the grand jury or by the Nassau County District Attorney, but it is clearly not available to SJC here.

Calabro v. Stone

225 F.R.D. 96 · District Court, E.D. New York · Oct 7, 2004

The party asserting work-product protection bears the burden of establishing that a document was “prepared principally or exclusively to assist in anticipated ... litigation.” Constr. Prods., 73 F.3d at 473 . … Like the federal work-product rule, under New York law, "material prepared by non-attorneys in anticipation of litigation, such as accident reports, is immune from discovery only where the material is prepared exclusively

Duran v. La Boom Disco, Inc.

369 F. Supp. 3d 476 · District Court, E.D. New York · Feb 25, 2019

s Texts)-clearly fall under the FCC's definition of "advertisement" or "telemarketing." … Rather, the automated text messaging *490 works off of a pre-established list of numbers that have been uploaded into the system."

Hunter v. Deutsche Lufthansa AG

863 F. Supp. 2d 190 · District Court, E.D. New York · Mar 28, 2012

Etihad claims sovereign immunity under the Foreign Sovereign Immunity Act, 28 U.S.C. § 1602 , et seq. … from suit under the Foreign Sovereign Immunity Act.

Murray v. United States Department of Justice

821 F. Supp. 94 · District Court, E.D. New York · May 11, 1993

The case upon which defendants place primary reliance for their argument that plaintiff has failed to establish the third element of his prima facie case—that he was “qualified”—is Richardson v. … This conduct clearly violates the standards established by the FBI for its Special Agents *105 and is also inconsistent with society’s expectations regarding behavior by a law enforcement officer.

Gordon v. Air & Liquid Systems Corp.

990 F. Supp. 2d 311 · District Court, E.D. New York · Jan 6, 2014

That defense extends immunity to certain contractors performing discretionary functions for the federal government. … For the purposes of this remand motion, the federal contractor defense need only be “colorable,” not “clearly sustainable.” Willingham, 395 U.S. at 406-07 , 89 S.Ct. 1813 .

Fiesel v. Board of Ed. of City of New York

490 F. Supp. 363 · District Court, E.D. New York · May 28, 1980

It is well established that in a § 1983 action federal courts must apply the statute of limitations applicable to the most similar State cause of action. Leigh v. … And as the Supreme Court has noted in a different context, “[t]he statute [§ 1983] . . . creates a species of tort liability that on its face admits of no immunities . . Imbler v.

A.B.C. Home Furnishings, Inc. v. Town of East Hampton

947 F. Supp. 635 · District Court, E.D. New York · Dec 14, 1996

In order to establish a property interest sufficient to support a substantive due process claim, the plaintiff must establish a “ ‘legitimate claim of entitlement’. to the benefit in question.” Crowley v. … Qualified immunity In passing, the Court recognizes that the defendants have moved to dismiss the claims against the individual defendants on the basis of qualified immunity.

Rafiy v. The County of Nassau

District Court, E.D. New York · Dec 23, 2019

on the basis, inter alia, (A) that plaintiff failed to establish a cognizable constitutional violation, and (B) that the County Defendants are shielded by the doctrines of absolute and qualified immunity. … Ed. 2d 396 (1982)” with respect to qualified immunity.

Local 851 of the International Brotherhood of Teamsters v. Thyssen Haniel Logistics, Inc.

90 F. Supp. 2d 237 · District Court, E.D. New York · Mar 30, 2000

But Polanco involved federal sovereign immunity and remedies under the Administrative Procedure Act. To the extent that it conflicts with established Eleventh Amendment precedent, it is inapplicable. … immunity.

Greene v. Gerber Products Co.

262 F. Supp. 3d 38 · District Court, E.D. New York · Aug 2, 2017

“In establishing a certainly impending fu *55 ture injury, ... the plaintiff must establish how he or she will be injured prospectively and that the injury would- be prevented by the equitable relief sought.” … Plaintiff argues that the FDA 2011 Letter was not a “regulation,” such that compliance with it would provide safe harbor immunity, and that, even if the FDA 2011 Letter fell within the scope of the safe harbor provision,

Adler v. Kent Village Housing Co., Inc.

123 F. Supp. 2d 91 · District Court, E.D. New York · Nov 21, 2000

Defendants contend that summary judgment should be granted, inter alia, because individual defendants Roberts, Weinstein, and Walpert are entitled to qualified immunity. … Accordingly, the Court need *100 not consider the issue of qualified immunity at this time.

Saizhang Guan v. Uber Technologies, Inc.

236 F. Supp. 3d 711 · District Court, E.D. New York · Feb 23, 2017

The panel found that this delegation clause did not clearly and unmistakably delegate arbitrability issues, because one of the provisions Of the NASDAQ OMX Requirements "arguably immunize[d] NASDAQ from liability for the … There is a reason to doubt whether Plaintiffs even qualify as employees under the NLRA.