Case law

Lighthall v. Commissioner of Social Security

District Court, N.D. New York · Nov 21, 2024

However, this standard is a very deferential standard of review “even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448. … Based on the longitudinal record, plaintiff has failed to establish that the opinions of Drs.

Kiraly v. Cornell Cooperative Extension of Delaware County

District Court, N.D. New York · Mar 22, 2024

There appears to be no dispute that Plaintiff has sufficiently alleged that she is a member of a protected class and that she was qualified for the job she was performing. … Because Plaintiff’s incorporated EEOC rebuttal quite clearly shows that her job and that of Mr.

Sprole v. State of New York

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

Section 1983 gives individuals a right 13 to sue “any person” who (1) deprives him or her of “rights, privileges, or immunities secured by the Constitution and laws” of the United … “A court may award attorney’s fees to prevailing defendants pursuant to § 1988 if the complaint against them was ‘frivolous, unreasonable, or groundless, or [if] the plaintiff continued to litigate after it clearly became

Riverkeeper, Inc. v. TCI of NY, LLC

District Court, N.D. New York · Mar 8, 2021

Supp. 2d 654 (E.D.N.C. 2003) ("Stormwater collected and conveyed by ditches on the Morris Landing Tract therefore qualifies as a pollutant under the CWA"); Nat. Res. Def. Council, Inc. v. U.S. … Regardless, Plaintiff's Notice of Intent to Sue Letter clearly set forth why Defendants were violating the CWA and how to come into compliance.

Renzi v. Oneida County

District Court, N.D. New York · Sep 30, 2021

In order to establish a prima facie case of age discrimination, Plaintiff must demonstrate “(i) at the relevant time the plaintiff was a member of the protected class; (ii) the plaintiff was qualified for the job; (iii) the … This is clearly not enough to establish that the directive was an adverse employment action. See Williams v. City of N.Y., No. 99-CV-2697, 2006 WL 2668211, at *23 (E.D.N.Y.

Cobb v. Ellab Inc.

District Court, N.D. New York · May 2, 2024

To establish a prima facie case of discrimination on the basis of race under the NYSHRL, a plaintiff must demonstrate that (1) the plaintiff is a member of a protected class, (2) the plaintiff was qualified … In response, Defendant admitted that "[i]f this testimony were truthful, it would clearly demonstrate protected activity[.]" Dkt. No. 33 at 6.

Bridge v. Saul

District Court, N.D. New York · Nov 24, 2020

The plaintiff has the burden of establishing disability at the first four steps. … It must be “more than a scintilla” of evidence scattered throughout the review “ – even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.

L.T. v. Zucker

District Court, N.D. New York · Oct 13, 2021

Plaintiffs argue that the masks interfere with their ability to show and perceive facial expressions and alter the tonal qualifies of their voices. See Pls.’ Mem. at 19. … While educational quality is undoubtedly an important concern, it is clearly outweighed by the loss of great numbers of lives and the learning disruptions that could occur if the quarantine were enjoined.

Amara

District Court, N.D. New York · Jun 11, 2026

To state a Section 1983 claim, a plaintiff must allege that: (1) the defendant was acting under color of state law, and (2) the defendant's actions deprived the plaintiff of “rights, privileges, or immunities secured by … Plaintiff responds that the seizure was “unlawful from the outset” and that “[e]ven apart from the unlawful seizure, pointing a firearm at an unarmed resident during a non-criminal encounter violates clearly established

Williams v. Annucci

District Court, N.D. New York · May 16, 2024

Clarke, 37 F.4th 926, 941–43 (4th Cir. 2022) (finding as part of a qualified immunity analysis that the plaintiffs’ confinement in a step-down program run by the Virginia Department of Corrections impeded a constitutionally … In their briefing, Defendants did not address the objective conditions of Plaintiff’s confinement and whether they meet the standard to qualify as a violation of the Eighth Amendment. (See Dkt. No. 71-2, at 20–23).

Coleman v. Superintendent, Mid-State Correctional Facility

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

L.R. 56.1(a) (“Each fact listed shall set forth a specific citation to the record where the fact is established.). … Adefendant satisfies this burden by “establishing . . . that a grievance id. at 11.

Utica Mutual Insurance Company and Utica National Insurance of Texas v. National Fire Insurance Company of Hartford and The Continental Insurance Company

District Court, N.D. New York · Aug 3, 2026

The purpose of this approach is to establish which State has “the most significant relationship to the transaction and the parties.” Id. at 543-44 (citation omitted). … There, the Florida Fourth District Court of Appeal considered whether an indemnification clause qualified as an “insurance contract” under the insurance policy at issue, which defined “insurance contract” as an agreement

Oconnor v. Commissioner of Social Security

District Court, N.D. New York · Nov 5, 2020

The claimant bears the initial burden of establishing disability at the first four steps; the Commissioner bears the burden at the last. | Selian, 708 F.3d at 418. B. … However, an ALJ is not a medical professional, and “‘is not qualified to assess a claimant’s RFC on the basis of bare medical findings.” Ortiz v. Colvin, 298 F. Supp. 3d 581, 586 (W.D.N.Y. 2018).

Rodriguez v. Commissioner of Social Security

District Court, N.D. New York · Jan 14, 2020

The plaintiff has the burden of establishing disability at the first four steps. … Plaintiff established primary care with PA Gallerani in July 2015, a little over one week following her hospitalization for a stroke. (T. 841-43).

Hougham

District Court, N.D. New York · Feb 27, 2026

collegial[ly],” and “balanc[ing] adherence to established processes and protocols . . . with flexibility and compromise where needed[.]” Id. … “The rule ‘in the statute of limitations context is that dismissal is appropriate only if a complaint clearly shows the claim is out of time.’” Id.

Robinson v. Ballard

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

As such, they by the Defendants during trial regarding contend that they are immune from liability a determination made by the New York because they did not act grossly negligent. … Ex. 41), which clearly contained hazardous A I believe so.

Jacobs

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

Although the parties’ briefing does not always clearly distinguish between these two theories of liability, based on the conceptualization outlined in Schiano, the Court understands Plaintiff’s quid pro quo claim to be … The Court of Appeals in Doe noted that “a corporate employee simply does not qualify as an ‘employer’” under the NYSHRL, “regardless of the employee’s position or relationship to the employer.” Id. at 458-59.

Mailloux v. Commissioner of Social Security

District Court, N.D. New York · Feb 22, 2021

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.

Holmes v. Capital One, N.A.

District Court, N.D. New York · Sep 28, 2023

This transaction was clearly authorized, and Plaintiff admits as to that fact. (Id.) … Plaintiff alleges in her Amended Complaint that Defendant’s failure to reimburse Plaintiff for the $40 she sent to a fraudulent merchant qualified as unjust enrichment. (Dkt. No. 29.)

Hochbrueckner v. Commissioner of Social Security

District Court, N.D. New York · Aug 5, 2020

However, “[t]he Second Circuit [has] clearly stated that when new evidence is submitted to the AC and the AC denies review, the reviewing court's role is to review the entire administrative record, including the new … Mar. 26, 2015) (“State agency physicians are qualified as experts in the evaluation of medical issues in disability claims.