Case law

Davis

District Court, N.D. New York · Mar 12, 2026

DISCUSSION The Court has reviewed the Report-Recommendation according to well-established summary judgment standards, viewing the record in the light most favorable … No. 4 Although Defendants raised qualified immunity, (see Dkt.

PERVU v. CITY OF ONEONTA

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

Accordingly, the state court's order to show cause "clearly constitutes a civil enforcement proceeding" that falls under Younger's second category. Id.; see also Juidice v. … Plaintiffs further allege that Defendants offered misleading photographs to establish the code violations in the state court. See id. ("the code enforcement officer ...

In re the Extradition of Mujagic

990 F. Supp. 2d 207 · District Court, N.D. New York · Apr 2, 2013

In addition, Mujagic’s alleged conduct towards Cordic was clearly designed to inflict severe physical or mental suffering for the purpose of obtaining the name of Cordic’s superior in the BiH army. … The Laws of Armed Conflict Having established the first two elements of the political offense exception, Mujagic’s ability to avail himself it under the 1902 Treaty turns on his ability to establish that his actions did not

Gallagher v. The Unified Court System of the State of New York

District Court, N.D. New York · Mar 25, 2022

The open investigations are clearly even more sensitive because they're ongoing. … Furthermore, Plaintiffs have not established that discovery overall is so limited as to affect their substantial rights.

Tardi-Osterhoudt v. McCabe, Weisberg & Conway LLC

District Court, N.D. New York · Sep 6, 2019

In so doing, the Court rejected the argument that a purchaser of defaulted debt “couldn’t qualify as a creditor.” … On the contrary, many courts have held that such a trustee qualifies as a creditor under the FDCPA.

Lewis v. Despos, LLC

District Court, N.D. New York · Jun 5, 2024

The undersigned has reviewed plaintiffs IFP application and determines that he financially qualifies to proceed IFP.? Il. Initial Review ° A. … Subject matter jurisdiction can be established either through federal question or diversity jurisdiction.

Engwer v. Commissioner of Social Security

District Court, N.D. New York · Feb 28, 2025

The ALJ’s findings at these first two steps were clearly favorable to Plaintiff and no basis for remand. … An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. Zebley, 493 U.S. 521, 530 (1990).

Facci-Brahler v. Montgomery County

District Court, N.D. New York · Jan 22, 2020

Here, Plaintiff has not established she was plausibly exposed to a hostile-work environment because of her race or gender. … I., § 6 of the New York State Constitution and New York State common law are time barred and that defendants are entitled to qualified immunity. Defs.’

Nealer v. Commissioner of Social Security

District Court, N.D. New York · Jun 27, 2022

It is clearly de minimus and intended to screen 8 out all of the weakest cases. … Lamanna's opinions do not 12 establish such limitations, nor does any other evidence in 13 the record.

Doe v. Rensselaer Polytechnic Institute

District Court, N.D. New York · Nov 6, 2020

Requirements may include, but are not limited to, mandatory testing and immunization, social distancing and use of personal protective equipment (PPE), reporting for tracking and tracing purposes … Your actions as reported qualify as conduct which may result in egregious harm to others within the [RPI] community.

Cade v. The State of New York Department of Corrections and Community Supervision

District Court, N.D. New York · Jul 15, 2025

Defendant argues that summary judgment is warranted because plaintiff failed to exhaust his administrative remedies or establish the elements of an Eighth Amendment conditions-of-confinement claim, and that, even if … such claim can be established, defendant is entitled to qualified immunity.

Gordon v. Commissioner of Social Security

District Court, N.D. New York · Oct 18, 2021

The plaintiff has the burden of establishing disability at the first four steps. … The ALJ went on to qualify her evaluation of Dr. Lorensen’s opinion as it related to plaintiff’s ability to turn his head.

Waterman v. Commissioner of Social Security

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

Lapinsky—who completed the medical source statements—admitted that he based his opinion exclusively on a single encounter with Plaintiff; and, therefore, he does not qualify as a “treating source.” … A review of the record clearly establishes that the ALJ’s RFC finding and determination that Plaintiff can perform past relevant work as a cashier or rental clerk or perform other light work as a marker, sorter, or bagger

Byrd v. Janssen Pharm., Inc.

333 F. Supp. 3d 111 · District Court, N.D. New York · Sep 21, 2018

No. 204, Attach. 1, at 66-67 [attaching pages "66" and "67" of Trial Transcript] ), and it clearly did not curb his counsel's misconduct (given the misconduct's continuation). … Parisian is admittedly not an expert in the laws of foreign jurisdictions, and therefore is not qualified to testify on those subjects."); In re: Rezulin Prods. Liab.

Gray v. O'Malley

District Court, N.D. New York · May 29, 2024

It is even more rigorous than the clearly 18 erroneous standard. The Second Circuit has more recently 19 reiterated this in Schillo v. … It 25 is clearly more limited than the prior administrative medical 1 findings, but it is proper to rely on PAMFs of non-examining 2 state consultants, Lisa C. v.

Reus v. Arthur

District Court, N.D. New York · Aug 31, 2020

“‘One element of the case-or-controversy requirement’ is that plaintiffs ‘must establish they have standing to sue.’” Id. (quoting Raines v. Byrd, 521 U.S. 811, 818 (1997)). … See 28 U.S.C. 7 Having concluded the Amended Complaint fails to allege a due process or equal protection claim, the Court does not consider Defendants’ arguments regarding personal involvement or qualified immunity in

Murphy v. Onondaga County

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

that none of the named defendants took qualifying “adverse action” against him. … Plaintiff has not clearly articulated what, if anything, occurred as a result of Lt. Anderson’s findings.

Crampton

District Court, N.D. New York · Feb 5, 2026

& habeas petition “clearly established” Appendix at pp. 4–10. when the state court ruled? … Taylor, the Supreme Court declared that “the rule set forth in Strickland qualifies as ‘clearly established Federal law [.]’ “ 529 U.S. 362, 391 (2000); see also Sellan v.

Badger v. City of Cortland

District Court, N.D. New York · May 31, 2024

Courts can grant a motion to dismiss a complaint on statute-of-limitations grounds “‘[i]f [the] complaint clearly shows the claim is out of time.” Id. (quoting Harris v. … Defendant further cites interpretative guidance from the Department of Labor in support of its argument that the payments made in this instance qualify for the exclusion.

Brice v. Commissioner of Social Security

District Court, N.D. New York · Aug 4, 2023

The plaintiff quarrels with the administrative law 10 judge's observation that plaintiff may have worked and 11 certainly sought work clearances during the relevant period. 12 That is clearly … Part of it was accepted and part rejected 15 and as the case law clearly establishes, there's no 16 obligation to either accept or reject an opinion, a medical 17 opinion in whole.