Case law

Wiley, Ed.D v. SUNY Plattsburgh

District Court, N.D. New York · Sep 27, 2019

Sovereign Immunity Wiley concedes that sovereign immunity bars his state law claims against SUNY Plattsburgh. (Dkt. No. 16 at 1 n.1, 21.) … “The causal connection needed for proof of a retaliation claim can be established indirectly by showing that the protected activity was closely followed in time by the adverse action.” Lovejoy–Wilson v.

Chaney v. Cook

District Court, N.D. New York · Nov 4, 2022

After reviewing plaintiffs IFP application, the undersigned determines that plaintiff financially qualifies to proceed IFP for purposes of filing. … It is well-established that “[p]ro se submissions are reviewed with special solicitude, and Must be construed liberally and interpreted to raise the strongest arguments that they suggest.’” Matheson v.

Schaal v. Commissioner of Social Security

969 F. Supp. 822 · District Court, N.D. New York · Oct 25, 1996

Plaintiff contends that she has a mental illness which qualifies as a significant nonexertional impairment requiring introduction of vocational evidence. … “Rule 60(b)(2) clearly applies to Social Security disability reviews, despite the absence of a trial by a District Court.” Harden v. Secretary of Health and Human Services, 1988 WL 26098 at *1 (E.D.N.Y.)

Oddy v. Gonyea

District Court, N.D. New York · Jul 1, 2020

The Supreme Court has cautioned, however, that the range of reasonable judgments may depend in part on the nature of the relevant rule argued to be clearly established federal law. Yarborough v. … As the discussion above makes clear, there is no basis for this Court to conclude that the state court’s decision either unreasonably applied or contravened clearly established federal law.

Mazzie v. Admar Supply Co., Inc.

District Court, N.D. New York · Sep 26, 2025

The latter “request” identified in Mazzie’s opposition papers demonstrates this lack of evidentiary foundation most clearly. … Mazzie argues, then and now, that his absence did not qualify as job abandonment. See Dkt.

Cayuga Nation v. Parker

District Court, N.D. New York · Jun 2, 2022

, which would immunize the Cayuga Nation from suit, “does not immunize individual members of the Tribe.” … In Basil Cook, a “dispute over the management of a high stakes Bingo gaming establishment [(‘Bingo Palace’)] on the reservation of the St.

Johnson v. Frida's Bakery Inc.

District Court, N.D. New York · Apr 17, 2020

The Court has reviewed plaintiff's second IFP application and has determined that plaintiff financially qualifies to proceed IFP.' ll. Initial Review A. … any 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

Curtiss-Wright Corporation v. Link Aviation, Inc.

182 F. Supp. 106 · District Court, N.D. New York · Dec 30, 1959

The time of the completion of the construction of Aerostructor machines, models 3 and 4, does not clearly appear. … Such defense is not -established.

Barbuto v. Syracuse University

District Court, N.D. New York · Jul 24, 2024

Section 504 of Rehabilitation Act provides that “[n]o otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability, 5 Pagination corresponds to CM/ECF. … There are no immunity issues that might otherwise preclude plaintiff from suing Syracuse U directly.

Branch v. Guilderland Central School District

239 F. Supp. 2d 242 · District Court, N.D. New York · Jan 10, 2003

It permits the State to correct violations through their own procedures, and it encourages the establishment of such procedures. … The voicing of the complaint about Pristera to school district officials would also arguably qualify, as would the filing of the Notice of Claim.

Ravenell v. Saul

District Court, N.D. New York · Feb 2, 2022

The plaintiff has the burden of establishing disability at the first four steps. … However, this standard is a very deferential standard of review, “even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.

Winslow v. Pulaski Academy and Central School District

District Court, N.D. New York · Mar 20, 2020

Under the “McDonnell Douglas test,” “a plaintiff must first establish a prima facie case of discrimination by showing that: ‘(1) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered … and, accordingly, she has not met her burden of establishing a prima facie case of gender discrimination.

Tabor v. Baye

District Court, N.D. New York · Jun 22, 2022

(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). … Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (“It is well established that an amended complaint ordinarily supersedes the original, and renders it of no legal effect.”

Singh v. American Racing-Tioga Downs Inc.

District Court, N.D. New York · Dec 28, 2021

To participate in the harness racing industry, Plaintiffs need to have the ability to stable and train their horses, qualify their horses in sanctioned qualifying races, and have the ability to enter into races throughout … Plaintiffs were now precluded “from racing for purse monies, stabling at the tracks, accessing the grounds of the tracks for training and qualifying purposes, [and] participating in sanctioned qualifying races... .”

Schulz v. State of New York

District Court, N.D. New York · Aug 22, 2019

view, this tension between permitting a “short and plain statement” and requiring that the statement “show[]” an entitlement to relief is often at the heart of misunderstandings that occur regarding the pleading standard established … Although the Supreme Court has since qualified that “perhaps not all claims under the Guarantee Clause present nonjusticiable political questions,” it does not appear that the Supreme Court has indicated in what circumstances

Baker v. Saint-Gobain Performance Plastics Corp.

District Court, N.D. New York · Jul 26, 2023

This is an important qualifier, because, as has been noted: Depositions are often overused and conducted inefficiently, and thus tend to be the most costly and time-consuming activity in complex litigation. … Although DuPont clearly disagrees with this Court’s analysis and exercise of its discretion over discovery, a Motion for Reconsideration is not a proper vehicle for re-arguing theories.

Alaei v. State University of New York at Albany

District Court, N.D. New York · May 30, 2025

Plaintiff from testifying regarding lost fringe benefits as damages on the ground that Plaintiff has not disclosed any documentary evidence or expert testimony in support of such claim and that Plaintiff himself is “not qualified … Defendant does not cite any case law establishing that expert testimony is required to establish lost benefits, as a matter of law.

Yeend v. Akima Global Services, LLC

District Court, N.D. New York · Mar 31, 2025

, and then assess (2) the reliability and (3) the relevance of the qualified expert’s proffered testimony. … Instead, it focuses on how clearly the class is defined. Id. at 266-67. vi.

United States v. Gehl

852 F. Supp. 1150 · District Court, N.D. New York · May 13, 1994

When Congress amended the Lacey Act in 1981 it did so “to provide comprehensive enforcement of wildlife laws and regulations established by state and local entities.” United States v. … Disagreeing, the Court of Appeals explained: The statute defines hazardous waste as that which may ‘[p]ose a substantial present or potential hazard to human health or *1171 the environment’____ Its own qualifying specificity

In re Smith

176 F. 426 · District Court, N.D. New York · Feb 1, 1910

Section 59a and b of the act provide: “Who may file and dismiss petition, (a) Any qualified person may file a petition to be adjudged a voluntary bankrupt.. … Clearly, there is no evidence to support a finding that Alnutt split up any claim he had as it is proved beyond all question that he never owned that judgment although it stood in his name.