Case law

Oxygenated Fuels Ass'n, Inc. v. Pataki

158 F. Supp. 2d 248 · District Court, N.D. New York · May 18, 2001

MTBE Law, aimed at preventing groundwater pollution, is a public health measure clearly involving an exercise of New York’s police powers. … Notably lacking from both parties is competent proof from qualified experts supporting the parties’ factual assertions and predictions. The one expert affidavit submitted by plaintiff, that of John J.

Welch v. Bio-Reference Labortories, Inc.

District Court, N.D. New York · Oct 1, 2019

any time if the court determines that. . . the action or appeal (i) 1s frivolous or malicious; (11) fails to state a claim on which relief may be granted; or (i111) seeks monetary relief against a defendant who is immune … ADA The ADA prohibits employers from “discriminat[ing] against a qualified individual on the basis of disability.” 42 U.S.C. § 12112(a).

Cayuga Indian Nation of New York v. Cuomo

730 F. Supp. 485 · District Court, N.D. New York · Feb 15, 1990

Constitution is clearly not proof of plain, unambiguous, and explicit federal ratification of the 1795 conveyance. … Clearly, an unintentional act on the part of Pickering would not be a plain, unambiguous, and explicit federal ratification of the 1795 conveyance.

Cook v. Colgate University

802 F. Supp. 737 · District Court, N.D. New York · Sep 28, 1992

Colgate clearly sponsors separate ice hockey teams for each gender. Therefore, this court has the authority to compare the two ice hockey programs. … Under this analysis, the plaintiff must first establish a prima facie case of discrimination.

Russian Federation v. United States

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

Plaintiff's IFP application demonstrates that he financially qualifies to proceed IFP.? Il. Initial Review® No. 8:13-cv-248 (DNH/CFH) (NDNY, filed Mar. 6, 2013), Dkt. … theory,” such as when it either “lacks an arguable basis in law, or a dispositive defense clearly exists on the face of the complaint.”

Pankova-Visser v. Walmart Inc.

District Court, N.D. New York · Jun 2, 2020

any time if the court determines that... the action or appeal (1) is frivolous or malicious; (11) fails to state a claim on which relief may be granted; or (ii1) seeks monetary relief against a defendant who is immune … Plaintiff clearly alleges that she satisfies the amount in controversy requirement to establish diversity by asserting that her damages exceed $75,000. Compl. at 4] 9.

Sears v. United States

791 F. Supp. 950 · District Court, N.D. New York · Apr 16, 1992

— regardless of his name — was indigent and thus qualified for assistance. … In fact, after thoroughly examining the issue, the court in Holley held that the government had clearly established the materiality of the defendant’s statement and rejected the materiality argument out of hand.

Werfel v. Kramarsky

61 F.R.D. 674 · District Court, N.D. New York · Jan 31, 1974

The cases under the rule clearly establish that one who does not own shares in a corporation at the time a suit is filed is not qualified to bring a derivative action on its behalf. Kauffman v. … Thus,'even if each member of the class owned, as did plaintiff, 100 warrants, there would be 17,000 possible plaintiffs, clearly too many to be joined practicably.

Taylor v. Greene Central School District

District Court, N.D. New York · Dec 13, 2023

or immunities secured by the Constitution or laws of the United States.'" … Upon establishing a valid property interest in one's continued employment, "the Supreme Court has distinguished between (a) claims based on established state procedures and (b) claims based on random, unauthorized acts

Oudekerk

District Court, N.D. New York · Dec 19, 2025

The record clearly establishes, and defendants do not dispute, that Officers Foo and Lyons arrested plaintiff on February 18, 2020, a process that—broadly speaking—entailed going to his residence, restraining him, transporting … separately evaluate defendants’ arguments concerning either qualified immunity, Dkt.

Catlin v. Ambach

644 F. Supp. 161 · District Court, N.D. New York · Sep 4, 1986

A bona fide residence requirement simply requires that the person does establish residence before demanding the services that are restricted to residents. … This argument, and the closely related one of preservation of resources, have been clearly rejected as legitimate state interests absent a clear showing of the state’s purpose. Id. (citing Hooper v.

Securities & Exchange Commission v. Ryan

747 F. Supp. 2d 355 · District Court, N.D. New York · Oct 20, 2010

“To qualify as a required record, a document must satisfy a three-part test: (1) it must be legally required for a regulatory purpose, (2) it must be of a kind that the regulated party customarily keeps, and (3) it must have … The record establishes that, at this juncture, Levine, as Receiver, is managing approximately a dozen properties.

United States v. Greater Syracuse Board of Realtors, Inc.

449 F. Supp. 887 · District Court, N.D. New York · Apr 19, 1978

Moreover, the time, place, terms, and effects of the alleged violation are clearly set forth. The Government’s Bill of Particulars provides defendants with additional information concerning the charges. … Defendant has made no showing that any of the Grand Jurors might not have been legally qualified.

Sripirom v. Rivers Casino and Resort

District Court, N.D. New York · Dec 10, 2019

Since the return of the employment discrimination complaint forms and IFP Order strongly suggests Plaintiff moved without leaving a forwarding address with the Court, Magistrate Judge Baxter did not clearly err in recommending … Dismissal of Section 1983 Claim for Lack of Subject-Matter Jurisdiction Section 1983 authorizes a right of action against a defendant who under color of state law violates a plaintiff's rights, privileges, or immunities secured

Carlisle v. Jefferson County

District Court, N.D. New York · Mar 17, 2022

Recently, pursuant to Iqbal, and in the context of the appeal of a qualified immunity issue, the Second Circuit has specifically revised its standard for determining personal involvement or supervisory liability, finding … The violation must be established against the supervisory official directly. Id. (quoting Iqbal, 556 U.S. at 676).

Gomez v. Cullen

District Court, N.D. New York · Mar 28, 2024

Third, and finally, the Court agrees with Defendants that, because Plaintiff’s Objections contain no specific challenge to Magistrate Judge Stewart’s finding that Defendants Sorrell and Foster are entitled to qualified … immunity, that portion of the Report-Recommendation need be review for only clear error.

Losey v. Roberts

677 F. Supp. 101 · District Court, N.D. New York · Sep 26, 1986

Only states which comply with federal statutory requirements qualify for federal funds in the administration of their unemployment benefit programs. 42 U.S.C. §§ 501-504 ; 26 U.S.C. § 3304 . … The form notify *108 ing plaintiff of the overpayment determination clearly warned the plaintiff that if he was found to have committed fraud, the payments would be recoverable by way of the setoff procedure.

Blowers v. Novak

District Court, N.D. New York · Jan 21, 2022

(B) the action . . . (1) is frivolous or malicious; (i1) 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. … Because Plaintiff can establish neither basis for jurisdiction here, dismissal is appropriate. Eviction proceedings do not establish a basis for federal question jurisdiction.

United States v. Pierce

245 F. 878 · District Court, N.D. New York · Nov 7, 1917

Section 3 of the so-called Espionage Act, hereinbefore quoted, clearly points out three classes of acts constituting offenses thereunder. … In short, do the words “to the injury of the service of the United States” relate back to and qualify each of the clauses of the section?

Rozema v. U.S. Department of Health & Human Services

167 F. Supp. 3d 324 · District Court, N.D. New York · Mar 2, 2016

HHS reasoned that menthol quantities in cigarettes-contained in Ingredient Listings disclosed to FDA by TPMs-were “clearly trade secret” and confidential commercial information under the statutory and regulatory framework … Plaintiff also does not argue, as a legal matter, that menthol quantities do not meet the criteria to qualifying as FOIA Exemption 4 material.