Case law

Canadian St. Regis Band of Mohawk Indians v. New York

388 F. Supp. 2d 25 · District Court, N.D. New York · Jun 8, 2005

This is a civil action to redress the deprivation ... of rights, privileges and immunities secured by the Constitution and laws of the United States.”], ¶¶ 4-12 [alleging that the Indian plaintiffs are the direct descendants … Caterpillar, Inc., 901 F.Supp. 244, 246 (E.D.Ky.1995) (affording a non-party the right to object to a magistrate’s report-recommendation because that non-party “clearly has an interest in the outcome of this ... decision”

Innoviant Pharmacy, Inc. v. Morganstern

390 F. Supp. 2d 179 · District Court, N.D. New York · May 12, 2005

To qualify for such relief, In-noviant must establish 1) a likelihood that it will experience irreparable harm in the absence of such interim relief, and 2) either a likelihood of success on the merits, or the existence of … This, coupled with the fact that Morganstern signed the document, clearly evinces the parties’ intention to reform the agreement.

American Petroleum Institute v. Jorling

710 F. Supp. 421 · District Court, N.D. New York · Apr 4, 1989

The DEC concurrently invited various suppliers of gasoline in New York State to meet with it to discuss, among other things, the availability of adequate supplies of qualifying RVP gasoline to meet expected demand during … The intent of Congress to preempt local law must be clearly manifested, as federal supremacy may not be lightly presumed. New York State Department of Social Services v.

Bader v. Special Metals Corp.

985 F. Supp. 2d 291 · District Court, N.D. New York · Dec 4, 2013

“Complaints about conduct clearly prohibited by the statute need not mention discrimination or use particular language.” Int’l Healthcare Exch., Inc. v. … Plaintiff clearly stated that her conduct had been proper and that discipline she had received had been discriminatory. See id.

John Doe 1 v. The Taliban

District Court, N.D. New York · Jul 12, 2023

The DGF Law also establishes DGF’s interest in the assets of Prominvestbank. … First, as for intervention of right under Rule 24(a), DGF has established that its motion is timely.

Martin v. Albany Business Journal, Inc.

780 F. Supp. 927 · District Court, N.D. New York · Jan 13, 1992

It is true that the leading Supreme Court case discussing informant’s privilege clearly instructs that the privilege is limited to the informant’s identity and does not extend to protect their statements. … Corp., 66 F.R.D'. 215, 218 (S.D.N.Y.1974) (burden is on moving party to establish relevance). Since “[disclosure should not be directed simply to permit a fishing expedition,” United States v.

Long Island Lighting Co. v. Cuomo

666 F. Supp. 370 · District Court, N.D. New York · Aug 4, 1987

Defendant Cuomo and the LIPA defendants maintain that when read as a whole, § 1020-q clearly applies only to LIPA, any subsidiary established by LIPA, or possibly LIPA’s successor in interest should the authority subsequently … management of the Fund that was established from the income derived from the state’s mineral resources — were not rationally related to the distinction drawn between newer residents and more established residents.

Hogan v. Franco

896 F. Supp. 1313 · District Court, N.D. New York · Sep 18, 1995

Therefore, the evidence clearly supports the jury's determination that Rotundo created a policy of fostering violations or allowed such policy to exist. … NOTES [1] Griffith was later granted judgment dismissing the complaint as a matter of law based on the doctrine of qualified immunity. [2] [W]ith respect to plaintiff's supplemental assault and battery claim, the court notes

Gilmore v. Rensselaer County Medical Examiner

District Court, N.D. New York · Jun 3, 2022

LEGAL STANDARD FOR REVIEW OF THE COMPLAINT Ordinarily, the finding that Plaintiff does not qualify for IFP status would end the Court’s discussion, and Plaintiff, in light of its pro se status … (i) is 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).

Towanda B. 0/b/o A.N.B. v. Commissioner of Social Security

District Court, N.D. New York · Oct 29, 2025

Standard to Determine Disability of a Child To qualify for social security income, a child under the age of eighteen must have “a medically determinable physical or mental impairment which results in marked and … Supp. 2d 168, 187 (E.D.N.Y. 2011) (remanding for ALJ to explain rationale more clearly).

Carson v. Commissioner of Social Security

District Court, N.D. New York · Dec 2, 2021

However, the ALJ concluded that plaintiff had not established a qualifying disability in the limited period of time between March 3, 2017, the alleged onset date, and February 27, 2018, the date of plaintiff’s fifty-fifth … To the extent plaintiff also contends the ALJ failed to account for his severe headaches, that argument must also be rejected because the ALJ’s narrative discussion clearly accounts for them.

Coyle v. Apfel

66 F. Supp. 2d 368 · District Court, N.D. New York · Oct 8, 1999

RFC can only be established when there is substantial evidence of each physical requirement listed in the regulations. LaPorta v. Bowen, 737 F.Supp. 180, 183 (N.D.N.Y.1990). … Clearly, reasonable attempts were made to obtain medical evidence from Dr. Gruet. It would be unjust to penalize the defendant for Dr.

Rao v. Life Insurance Co. of North America

100 F. Supp. 3d 210 · District Court, N.D. New York · Apr 23, 2015

Because the parties have not clearly indicated their intent to consent to such a procedure, the well-established summary judgment standard will be applied to each party’s motion. 6 A. … Rao is entitled to an award of benefits under the STD Policy offset by her qualifying “other income”; and 4.

Whitehead v. LaManna

District Court, N.D. New York · May 18, 2023

Consequently, the Third Department’s denial of Petitioner’s ineffective assistance of counsel claim was not contrary to—and did not involve an unreasonable application of—clearly established federal law. … The standard described by the Magistrate Judge is more akin to the Supreme Court’s articulation of qualified immunity, where a factually similar case must typically foreshadow a certain outcome. See, e.g., Harlow v.

Milner-Koonce v. Albany City School District

District Court, N.D. New York · May 12, 2022

time if the court determines that . . . the action or appeal (i) is 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 … Plaintiff states that she is “a qualified individual with a disability.” ld.

Whitehead v. LaManna

District Court, N.D. New York · May 19, 2023

Consequently, the Third Department’s denial of Petitioner’s ineffective assistance of counsel claim was not contrary to—and did not involve an unreasonable application of—clearly established federal law. … The standard described by the Magistrate Judge is more akin to the Supreme Court’s articulation of qualified immunity, where a factually similar case must typically foreshadow a certain outcome. See, e.g., Harlow v.

New York State Teamsters Conference Pension & Retirement Fund v. Hoh

561 F. Supp. 679 · District Court, N.D. New York · Dec 30, 1982

. § 1053 (a)(3)(B). 7 *684 III It is well established that the decisions of those empowered with the administration of an employee pension trust shall be sustained unless arbitrary or capricious or contrary to law. … The IBT clearly does not fall into this category. 14 . See n. 6 supra. There is no evidence presented to this Court that Hoh organizes for the IBT in New York. 15 .

Ball v. A.O. Smith Corp.

321 B.R. 100 · District Court, N.D. New York · Feb 3, 2005

A bankruptcy court’s decision regarding the amount of damages is a factual finding and will not be disturbed unless the finding is clearly erroneous. … Consequently, the Debtor has failed to satisfy his burden of establishing that the bankruptcy court’s findings of fact are clearly erroneous.

Hendricks v. Mallozzi

District Court, N.D. New York · Mar 23, 2022

establish" a First Amendment ... claim.'" … Accordingly, Plaintiff's request for leave to file a second amended 2 "To qualify for purely prospective application, a decision 'must establish a new principle of law, either by overruling clear past precedent on which

Musante v. Mohawk Valley Community College

270 F. Supp. 3d 564 · District Court, N.D. New York · Sep 18, 2017

This relationship derived from plaintiff’s course syllabus, which always clearly outlined the rules for his classes. Id. ¶ 13. … a member of a protected class; (2) he was qualified for the position in question; (3) he suffered' an adverse employment action; and (4) the adverse action took place under circumstances giving rise to an inference of discrimination