Case law

Hill v. Commissioner of Social Security

District Court, N.D. New York · Nov 16, 2020

It is, perhaps, even more exacting than the 5 clearly erroneous standard. … When it comes to a 18 child -- school aged children, which plaintiff's son qualifies 19 as, the following examples are given: Focuses attention in a 20 variety of situations in order to follow directions

Yeend v. Akima Global Services, LLC

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

And under this test, the Court concluded that Defendant had not established its entitlement to judgment as a matter of law. Id. at 38. … In addition to the instant request, Defendant has initiated an appeal of the portion of the Order that denied Defendant’s motion for summary judgment based on derivative sovereign immunity, see Yeend v.

Animashaun v. Toohill

District Court, N.D. New York · Mar 18, 2025

Here, as discussed above, the undisputed facts clearly demonstrate that Plaintiff failed to exhaust the DOCCS administrative process. … The plaintiff bears the burden of establishing that the grievance procedures were unavailable within the meaning of Ross.

Hill v. County of Montgomery

District Court, N.D. New York · Sep 15, 2020

While trial management concerns “drop out of the predominance analysis,” when considering a settlement class, “the certifying court must still determine whether the ‘the legal or factual questions that qualify each class … For certification under that subsection, Plaintiffs must establish that “questions of law or fact common to class members predominate over any questions affecting only individual members.” Fed. R. Civ.

Kelly v. Commissioner of Social Security

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

“If such a finding is not clearly established by medical evidence, however, adjudication must continue through the sequential evaluation process.” Id. (emphasis in original). … “While a mental impairment rated as ‘none’ or ‘mild’ generally will not qualify as ‘severe,’ those rated as ‘moderate,’ ‘marked,’ or ‘extreme’ will qualify as ‘severe’ under step two, thus requiring the [ALJ] to proceed

Cole v. Clinton

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

This Court finds no reason to differ from its sister courts and agrees with petitioner that COVID-19 qualifies as an extraordinary circumstance. … The diary clearly had the propensity to be impeaching in nature[.] Pet. at 49.

Oneida Indian Nation of New York v. State of NY

649 F. Supp. 420 · District Court, N.D. New York · Dec 10, 1986

(b) Whether the Article IX cl. 1 powers of Congress are limited by the qualified power of Congress under cl. 4, to manage Indian affairs. See 691 F.2d at 1091-92 . … In the second proposed amendment the “not members” restriction attached to congress’ war and peace powers was also clearly intended to give congress greater authority over war and peace than trade, which was restricted to

Sarhadi v. Geever

District Court, N.D. New York · Jul 22, 2025

First Amendment The First Amendment right of access stems from the qualified right of the public and the press “to attend judicial proceedings and to access certain judicial … The documents at issue here are clearly judicial documents. See Spin Master, Ltd. v. Aomore-Us, No. 23-cv-7099, 2024 WL 3250815, at *2, 2024 U.S. Dist. LEXIS 116960, at *4 (S.D.N.Y.

Smith v. Commissioner of Social Security

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

There's an indication 24 that he qualifies as slightly obese. 25 In terms of activities of daily living, plaintiff 1 cleans, grocery shops, helps his brother … Plaintiff again had 25 the burden to establish this limitation. At page 321 he 1 denied to Dr.

DISH Network L.L.C. v. Henderson

District Court, N.D. New York · May 19, 2020

The Court has significant discretion to consider a number of factors in deciding whether to grant a default judgment, including: (1) whether the grounds for default are clearly established; (2) whether the claims were pleaded … July 11, 2016) (holding that "an Internet transmission qualifies as an interstate communication by wire" for purposes of Section 605(a)).

Sparks v. Holland

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

Mar. 25, 2025) (declining to reach qualified immunity where disputed facts remained on summary judgment motion); Donald v. Leonard, 2025 WL 2582802, *4 n.2 (N.D.N.Y. … Here, the record establishes that plaintiff knew about Clinton C.F.’s three-step procedure.

Aarismaa v. Jordan (In Re Aarismaa)

233 B.R. 233 · District Court, N.D. New York · Apr 20, 1999

Justice Mugglin foúnd that Jordan had failed to establish damages in connection with his second cause of action alleging a failure by Aaris-maa to transfer good title to the Rodeo Paintings. … Furthermore, they clearly do not involve administrative matters that arise only in a bankruptcy case.

Carroll v. United States

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

In response, Plaintiff argues that “[t]he medical record clearly shows negligent treatment and medical malpractice.” (Dkt. No. 54-1, at 5.) … , as an expert for the purpose of establishing the generally accepted medical practice in the community.”

Schillinger v. Commissioner of Social Security

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

The plaintiff has the burden of establishing disability at the first four steps. … Plaintiff’s speech was spontaneous and he spoke quite clearly. (Id.).

Marbut v. Commissioner of Social Security

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

The ALJ also found that the evidence failed to establish the presence of the paragraph C criteria. (Id.) … Plaintiff has not established limitations beyond those included in the ALJ’s RFC.

Avent v. Reardon

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

at 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 … Any letter or other document receive by the Clerk or the Court which does not include a certificate of service which clearly states that an identical copy was served upon all opposing parties or their attorneys is

Perillo v. O'Malley

District Court, N.D. New York · Apr 15, 2021

The plaintiff has the burden of establishing disability at the first four steps. … “[I]t is well-established that an ALJ is not qualified to assess a claimant’s RFC on the basis of bare medical findings, and as a result an ALJ’s determination of RFC without a medical advisor’s assessment is not supported

Mid-Town Laundry, LLC v. Pierce

District Court, N.D. New York · Jun 14, 2021

Each fact listed shall set forth a specific citation to the record where the fact is established. . . . … In reaching conclusions on these issues, Dewes “offers the opinion of a highly qualified individual drawing upon [her] expertise to reach conclusions surpassing [her] own experience of the events at issue.”

Beck-Green v. The Town of Fine, New York

District Court, N.D. New York · Sep 6, 2022

In addition, where "the individual defendants violated plaintiff's rights but nonetheless enjoy qualified immunity," a plaintiff can pursue a Monell claim. Bonilla v. Jaronczyk, 354 Fed. … Three isolated incidents are insufficient to establish a widespread and persistent practice warranting the imposition of municipal liability. See Jones v.

MPM Silicones, LLC v. Union Carbide Corp.

931 F. Supp. 2d 387 · District Court, N.D. New York · Mar 18, 2013

Sept. 30, 2010) (“A district court’s ability sua sponte to dismiss a complaint that lacks a basis in law or fact is well-established.” (quoting Muka v. … That there are grounds for state-law contribution when the PRP has incurred costs outside of CERCLA is clearly implied by that statement.