Case law
Opinions from 1658 to today.
2,281 results
1.27s
District Court, N.D. New York · Jan 23, 2020
A court “must conduct ‘some factual inquiry’ to determine if the duties of the defendants were judicial or prosecutorial, which entitles them to absolute immunity, or administrative, which may entitle them to qualified … of allegation would clearly constitute an allegation concerning quasi-judicial acts.”
Cited 0 timesUnknownDistrict Court, N.D. New York · Jul 15, 2026
A plaintiff can establish the existence of an official policy or custom through “(1) a formal policy endorsed by the municipality; (2) actions directed by the government's authorized decisionmakers or those who establish … immunity.
Cited 0 timesUnknownGandhi v. NYS Unified Court System
District Court, N.D. New York · Mar 11, 2020
statute has abrogated that agency’s immunity. … Under clearly established law, the Eleventh Amendment provides states immunity in federal court. Woods v. Rondout Valley Cent. Sch. Dist. Bd of Educ., 466 F.3d 232, 236 (2d Cir. 2006).
Cited 0 timesUnknownDistrict Court, N.D. New York · Feb 26, 2021
Moreover, Defendants may be immune from suit. Pinkard v. Crowley, 18-CV-6122, 2018 WL 6803767, at *4 (W.D.N.Y. … Therefore, in any amended complaint, Plaintiff must clearly set forth facts that give rise to the claims, including the dates, times, and places of the alleged underlying acts, and each individual who committed each alleged
Cited 0 timesUnknown594 F. Supp. 1147 · District Court, N.D. New York · Sep 12, 1984
The Court must consider whether the conduct complained of was committed by a person acting under color of state law as well as whether that conduct deprived a person of rights, privileges or immunities guaranteed by the constitution … Keyes was clearly visible from the street at all times. The plaintiffs seek to persuade the Court that Mr. Keyes somehow acquired “sanctuary” by entering the yard and yelling to Mr.
Cited 37 timesPublished977 F. Supp. 577 · District Court, N.D. New York · Aug 11, 1997
“Procedural defaults of this nature are, therefore, ‘inexcusable,’ and cannot qualify as ‘cause’ for purposes of federal habeas corpus review.” Id. (quoting Estelle v. … Such a motion clearly did not preserve the issue, since the court could not have changed its ruling that time. Id.
Cited 5 timesPublishedHamelin v. Faxton-St. Luke's Healthcare
274 F.R.D. 385 · District Court, N.D. New York · Mar 8, 2011
The attorneys seeking to represent the class have established they are qualified and able to conduct this litigation. Their experience is more fully discussed below pursuant to Rule 23(g). … The state law claims clearly arise out of the same nucleus of operative facts as the FLSA claims, which are going to be adjudicated in this court in any event.
Cited 23 timesPublishedGeneral Electric Co. v. New York State Assembly Committee on Governmental Operations
425 F. Supp. 909 · District Court, N.D. New York · Dec 31, 1975
The criteria by which this motion for a preliminary injunction must be evaluated are clearly established in this circuit: [t]he settled rule is that a preliminary injunction should issue only upon a clear showing of either … As such, it is contended that GE is immune from control and, indeed, from inquiry by the state.
Cited 3 timesPublished14 F. Supp. 2d 241 · District Court, N.D. New York · Jul 22, 1998
The Second Circuit found that the district court was not “clearly erroneous” in concluding that the possibility of recurrence was far from remote. … The current action is clearly distinguishable in a number of respects.
Cited 4 timesPublished210 F. 318 · District Court, N.D. New York · Nov 18, 1913
The board shall establish all necessary regulations required to carry .out in the most effective manner the provisions of this title, and such regulations, when approved by the Secretary of the Treasury, shall have the force … Williams had answered all the written questions or substantially all of them fully, clearly, and correctly, this court would unhesitatingly hold that the license should have issued; but such is not this case.
Cited 3 timesPublishedDistrict Court, N.D. New York · Sep 4, 2026
Port Auth of N.Y. & N.J., 631 F.3d 620, 622 (2d Cir. 2011) (granting qualified immunity to defendant-officers who reasonably relied on a “warrant hit” to arrest the plaintiff); see also Johnson v. Dobry, 660 F. … “In such cases, ‘the objective reasonableness inquiry, for purposes of either Fourth Amendment liability or qualified immunity, depends only upon the officers’ knowledge of circumstances immediately prior to
Cited 0 timesUnknownDistrict Court, N.D. New York · May 6, 2024
Moreover, it has recognized that “[t]he majority of federal circuits have interpreted [Section 230] to establish broad federal immunity to any cause of action that would make service providers liable for information originating … The Court therefore finds that the Amended Complaint also supports the third prong of the immunity test and that Defendants are entitled to such immunity from Plaintiff’s claims pursuant to Section 230.
Cited 0 timesUnknownDistrict Court, N.D. New York · Jul 26, 2021
, or immunities secured by the Constitution and laws" of the United States. 42 U.S.C. § 1983. … Eleventh Amendment immunity is lost only if Congress unequivocally abrogates states' immunity or a state expressly consents to suit. Gollomp, 568 F.3d at 365-66.
Cited 0 timesUnknownDistrict Court, N.D. New York · Sep 19, 2024
(i) 1s frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). … In general, plaintiffs who seek to state a claim for disability discrimination under the ADA must establish “that (1) they are ‘qualified individuals’ with a disability; (2) that the defendants are subject to the ADA
Cited 0 timesUnknown306 F. Supp. 2d 215 · District Court, N.D. New York · Feb 11, 2004
Since Walker has neither established cause for his default or actual innocence, this claim is procedurally defaulted and cannot be reviewed. … Walker was a kingpin in the drug dealing conspiracy, and it has been held “that a drug felony conviction based upon aiding and abetting” may qualify as a “series” predicate where, as here, the aider and abettor is a kingpin
Cited 1 timesPublished810 F. Supp. 379 · District Court, N.D. New York · Nov 6, 1992
Thus, the burden shifts to the defendant to demonstrate that his investment decisions were clearly prudent under the circumstances. See 29 U.S.C. § 1104 (a)(1)(C). … He explained that he would then select a few stocks from those industries, restricting his selections to stocks of large, well-established companies, and would invest the plan assets.
Cited 13 timesPublished736 F. Supp. 2d 520 · District Court, N.D. New York · Sep 8, 2010
According to plaintiff, after the Trust was established, and based upon his understanding that Karl was still his attorney, plaintiff requested Karl prepare an actual calculation showing the Trustee commissions at the agreed … issues relating to whether commissions should be calculated pursuant to the Surrogate’s Court Procedure Act § 2309(3) or § 2309(5), and whether the Trust provided for a sufficient annual distribution to the Foundation to qualify
Cited 3 timesPublishedINTERN. ASS'N OF MACHINISTS BY McCADDEN v. GE Co.
713 F. Supp. 547 · District Court, N.D. New York · May 24, 1989
`[A] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff's cause of action." Franchise Tax Bd. v. Const. Laborers Vac. … (a) is such an "establish[ed] right" which is not subject to § 301 removal. D.
Cited 0 timesPublished321 F. Supp. 2d 461 · District Court, N.D. New York · Jun 2, 2004
and seizure in this case were unreasonable and in violation the Fourth Amendment; 8) the testimony of an alleged accomplice, and the testimony of one who provided evidence against a defendant as a informer for pay or for immunity … They unanimously agreed on nine such violations making the error here clearly harmless.
Cited 1 timesPublished648 F. Supp. 2d 449 · District Court, N.D. New York · Aug 27, 2009
Chandok had established domicile in Maryland and Dr. Klessig was still domiciled in New York. … To establish a claim of defamation under New York law, a Plaintiff must establish 1) that the statement averred was defamatory; 2) that the statement was published by the defendant; 3) that the statement was communicated
Cited 9 timesPublished
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