Case law

Bennett v. Progressive Corp.

225 F. Supp. 2d 190 · District Court, N.D. New York · Sep 26, 2002

Even if plaintiffs termination was not the culmination of Mitchell’s sexual harassment, numerous other actions by Mitchell himself could qualify as tangible employment actions. … Also, according to plaintiff, Mitchell varied and extended plaintiffs working hours, and assigned her work which she was not yet qualified to do.

Zennamo v. County of Oneida

District Court, N.D. New York · Sep 19, 2022

pressing students to enroll in advanced degree programs for which they were not qualified.”); Klein v. … Meyers, 442 F.3d 101, 122 (2d Cir. 2006) 20 (municipalities are immune from punitive damages, though municipal officials sued in their individual capacities

Distefano

District Court, N.D. New York · Jan 26, 2026

No. 2, ¶ 6), and Defendant does not appear to dispute (for the purposes of this motion) that Plaintiff was qualified for his job, (see Dkt. … No. 12, at 8 n.2 (noting that Defendant’s brief “assumed, without conceding” that Plaintiff adequately alleged he was qualified for the position)). Plaintiff’s termination is clearly an adverse employment action.

Nat'l Rifle Ass'n of Am. v. Cuomo

350 F. Supp. 3d 94 · District Court, N.D. New York · Nov 6, 2018

Vullo and DFS clearly have regulatory authority over the targeted entities. Supt. … institutions and insurers to provide the NRA with banking services and corporate insurance coverage, and argues that "valid current contracts and goodwill are the exact type of property interests that courts routinely recognize qualify

Niles v. Astrue

32 F. Supp. 3d 273 · District Court, N.D. New York · Sep 29, 2012

If a claimant’s impairment “manifests only some of those criteria, no matter how severely,” the impairment does not qualify. Sullivan, 493 U.S. at 530 , 110 S.Ct. 885 . … Instead, as noted above, the ALJ’s discussion was clearly inadequate.

Payne v. Cornell University

District Court, N.D. New York · Jan 5, 2021

a disparate impact on the grounds that she refers to only unauthenticated hearsay in her deposition testimony, and without relevant discovery, she cannot establish that any of her colleagues qualify as a similarly situated … that, at least with the aid of some identified accommodation, [he] was qualified for the position at issue.”

Johnson v. Columbia Memorial Physician Hospital Organization, Inc.

District Court, N.D. New York · Sep 28, 2020

Working to establish and maintain cooperative and productive relationships. c. Under the Category of Planning; i. … Clearly defining responsibilities and expectations of employees, 2.

Cayuga Indian Nation of New York v. Pataki

165 F. Supp. 2d 266 · District Court, N.D. New York · Oct 2, 2001

Regardless of how it is described, whether in more inflammatory terms as a massacre, or in more innocuous terms as a battle, the record clearly establishes that the British and the Indians, including the Cayuga soundly defeated … In stark contrast to Schuyler, of the four State appointed Commissioners, John Richardson probably was the least qualified to serve in that capacity.

Sydney v. Time Warner Entertainment-Advance/Newhouse Partnership

District Court, N.D. New York · Feb 16, 2022

"The predominance requirement is satisfied 'if resolution of some of the legal or factual questions that qualify each class member's case as a genuine controversy can be achieved through generalized proof, and if these … Notably, "[u]nlike class certification motions brought under Rule 23, motions for conditional certification of FLSA collective actions qualify as 'pretrial matter[s]' subject to clear error review." Haas v.

County of Ulster v. Alliance of Nonprofits for Insurance Risk Retention Group

District Court, N.D. New York · Jan 9, 2024

Celic, 294 F.2d 432 (2d Cir. 1961) (“The termination of a contract is not presumed, and the burden of establishing it rests upon the party who asserts it.”) (citation omitted). … The indemnity required by the Agreements is clearly a “part of any other contract or agreement pertaining 20 to [JFS’] business (including an indemnification

Southwestern Payroll Service, Inc. and Granite Solutions Groupe, Inc. v. Pioneer Bancorp, Inc. and Pioneer Bank

District Court, N.D. New York · Sep 9, 2026

Plaintiffs argue that Payne is well-qualified to testify about the value of businesses because of this thirty-five years of experience in the accounting industry, and that "[c]onsistent with well-established valuation methodology … Defendants argue the comparison is inappropriate because DelPonti "never established the predicate facts that would make the comparison meaningful. . . .

Meyer v. Haines

District Court, N.D. New York · Jun 11, 2025

“Standing alone, § 1983 clearly provides no protection for civil rights since…[it] does not provide any substantive rights at all.” McSweeney v. Bayport Bluepoint Cent. Sch. Dist., 864 F. … Any limitation on the exercise of religious freedoms must be as narrow as practicable and clearly related to an appropriate governmental need. United States v. Pablo Hernandez, 209 F.

Maddison v. Comfort Systems USA (Syracuse), Inc.

District Court, N.D. New York · May 3, 2023

Another two related Grinnell factors—“the risks of establishing liability” and the “risks of establishing damages”—must also be considered. Grinnell, 495 F.2d at 463. … Here, the risks of establishing liability weighs in favor of preliminary approval.

Phillips Pagan v. Commissioner of the Social Security Administration

District Court, N.D. New York · Sep 26, 2019

Taken 4) in total, the record established that Plaintiffs diabetes was generally well-managed and did not present a severe impairment. … Mar. 26, 2015) (“State agency physicians 15 are qualified as experts in the evaluation of medical issues in disability claims.

McNeill

District Court, N.D. New York · Mar 24, 2026

“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; … “To establish a disability, a plaintiff must: (1) ‘show that she suffers from a physical or mental impairment’; (2) ‘identify the activity claimed to be impaired and establish that it constitutes a major life

Saratoga Vichy Spring Co., Inc. v. Lehman

491 F. Supp. 141 · District Court, N.D. New York · Aug 24, 1979

To the students of thoroughbred racing the name Saratoga is established in the sport as “the Graveyard of Favorites”. … Plaintiff’s marks qualified for registration in accordance with this proviso. The Lanham Act eased the restrictions upon the registration of geographically descriptive marks.

Cibro Petroleum Products, Inc. v. Sohio Alaska Petroleum Co.

602 F. Supp. 1520 · District Court, N.D. New York · Feb 8, 1985

Cibro is clearly entitled to prevail on its price claim. … The exchange of telexes establishes that Sohio accepted Cibro’s proposal.

Kelsey v. Lewin

District Court, N.D. New York · Jan 18, 2024

The Court agrees with Magistrate Judge Baxter that circuit and district court decisions do not constitute clearly established federal law. See Dkt. No. 40 at 13; see also Drake v. … Therefore, Magistrate Judge Baxter was correct in determining that the Appellate Division's decision "was not an unreasonable application of clearly established federal law warranting habeas relief." Dkt.

Steber Mach. Co. v. Random Knitting Co.

217 F. 796 · District Court, N.D. New York · Nov 12, 1914

As to the object of the invention the patentee says: “The object of my invention is to produce a fabric having superior wearing qualifies, a considerable amount of elasticity, and a ribbed face side, resembling very nearly … Considering the results attained and the utility of the fabric, and its popularity and large sales, all of which are established, I cannot agree with the contention of the defendants, and must and do hold that the patent

DOE v. Patrick

District Court, N.D. New York · Feb 3, 2020

In Johnson, the Second Circuit affirmed the denial of qualified immunity to a gym teacher who allegedly assaulted a student by lifting him off the ground by his neck, dragging him across a gym floor, choking him, slamming … Likewise for Knicrumah, in which the Court rejected qualified immunity for a teacher who “allegedly used excessive force against plaintiff by grabbing him, slamming him against [a brick] wall, and holding him there without