Case law

Romano v. Thunder Projects, Inc.

696 F. Supp. 831 · District Court, N.D. New York · Sep 27, 1988

ascertain whether the text or legislative history of the pertinent federal statutes protecting employment rights of reservists reveals any congressional intent to render actions commenced pursuant to 38 U.S.C. section 2022 immune … The doctrine of collateral estoppel, or issue preclusion, which operates to preclude a party from relitigating in a subsequent action an issue clearly raised in a prior action or proceeding and decided against that party,

Werkheiser v. County of Broome

District Court, N.D. New York · Feb 9, 2023

City of New York, 45 F.3d 653, 658, 661 (2d Cir. 1995) ("Before any formal legal proceeding has begun and before there is probable cause to arrest, it follows that a prosecutor receives only qualified immunity for his acts … "[T]he governmental entity invoking the Eleventh Amendment bears the burden of demonstrating that it qualifies as an arm of the state entitled to share in its immunity." Woods v. Rondout Valley Cent. Sch. Dist.

Hallock v. Bonner

567 F. Supp. 2d 334 · District Court, N.D. New York · Jul 28, 2008

The defendant’s motion to dismiss was granted, on the basis of an exception to the Act’s waiver of sovereign immunity. Hallock v. United States, 253 F.Supp.2d 361 (N.D.N.Y.2003). … Moreover, the deposition of Susan Hallock clearly illustrates the lack of personal involvement of all of the defendants.

Delaware & Hudson Railway Co. v. Consolidated Rail Corp.

533 F. Supp. 692 · District Court, N.D. New York · Dec 11, 1981

Collective ratemaking, the practice of carriers establishing uniform rates, was a custom long followed and not prohibited by the Interstate Commerce Act. … This section placed a duty upon the Commission, on its own motion or upon application of the carriers, to approve agreements between carriers with a grant of anti-trust immunity, if it finds the agreements to be in the furtherance

Lebovits v. Cuomo

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

Further, City Defendants seek dismissal of plaintiffs’ claims for damages, because de Blasio is entitled to qualified immunity, (Dkt. … No. 51, Attach. 1 at 14, 5 City Defendants also claim de Blasio is entitled to qualified immunity, (Dkt.

Costin v. Glens Falls Hospital

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

it has waived sovereign immunity by enacting a statute consenting to suit." … establish as correct the substitution of the United States as defendant in place of the employee." Lamagno, 515 U.S. at 434.

Long v. United States Department of Justice

778 F. Supp. 2d 222 · District Court, N.D. New York · Mar 25, 2011

I was also alerted to the fact that HHS has identified one subsection of the provision that governs judicial proceedings under the VICP, 42 U.S.C. § 300aa-12(d)(4), as a statute that qualifies as an exemption statute for … The Act establishes a no-fault compensation program ‘designed to work faster and with greater ease than the civil tort system.’ ”) (quoting Shalala v.

Marshall v. New York Division of State Police

18 F. Supp. 2d 194 · District Court, N.D. New York · Aug 6, 1998

Therefore, Plaintiff has offered sufficient evidence to establish her pri-ma facie case. b. … Callahan, the candidate selected for the job, was the most qualified. (DiBello Aff. ¶ 5; Winslow Aff. ¶ 7; Vanderwall Dep. at 45-50).

Walker v. Artus

998 F. Supp. 2d 18 · District Court, N.D. New York · Feb 21, 2014

immunity. … In the alternative, defendants argue that they are entitled to qualified immunity from suit. Id. at 21-23 .

Valada v. Cucciniello

District Court, N.D. New York · Apr 10, 2023

Qualified Immunity Under New York law, "absolute immunity from liability for defamation exists for oral or written statements made by attorneys in connection with a proceeding … Although absolute immunity has not been extended to communications made prior to the commencement of anticipated litigation, see id. at 719, a qualified immunity is available for pre-litigation statements that are "pertinent

United States v. Northland Associates, Inc. (In Re Abrantes Construction Corp.)

132 B.R. 234 · District Court, N.D. New York · Oct 18, 1991

Further, the IRS argued that sovereign immunity barred attachment and garnishment of the funds held by the Corps and thereby precluded the existence of an Article 3-A trust fund with respect to these monies. … Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of the witnesses.

Horwitz v. L & J.G. Stickley, Inc.

122 F. Supp. 2d 350 · District Court, N.D. New York · Nov 30, 2000

Again, the facts clearly reveal that Plaintiff is able to work and Plaintiff has failed to point to any evidence from which a fair-minded jury could reasonably conclude that she was substantially limited in her ability to … However, the Court seriously doubts that socializing qualifies as a major life activity. See Colwell v.

Montes Jr. v. Albany County

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

Supp. 3d at 246 (“Congress did not abrogate the States’ sovereign immunity when it enacted §[] 1983 . . . and New York has not waived its immunity”) (citing Mamot v. Bd. of Regents, 367 F. … In general, plaintiffs who seek to state a claim for disability discrimination under the ADA must establish “that (1) they are ‘qualified individuals’ with a disability; (2) that the defendants are subject to the ADA;

Marriott v. County of Montgomery

426 F. Supp. 2d 1 · District Court, N.D. New York · Apr 12, 2006

This is established federal law. … As discussed in Marriott I , defendants are not entitled to the qualified immunity defense. 227 F.R.D. at 170 .

Johnson v. New York State Police

District Court, N.D. New York · Mar 2, 2023

Even so, “it is unclear whether Garcia’s requirement that a plaintiff establish animus or ill will in order to abrogate sovereign immunity survives in the wake of the Supreme Court’s rulings in Tennessee v. … Va. 2015) (holding that “seizures” qualify as a “physical or mental impairment”).

Johnson v. New York State Office of Childrens and Family Services

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

Nature of Action Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for “the deprivation of any rights, privileges, or immunities … FAILURE TO OBJECT TO THIS REPORT clearly established law, the Eleventh Amendment provides WITHIN FOURTEEN (14) DAYS WILL PRECLUDE states immunity in federal court. Woods v. Rondout Valley APPELLATE REVIEW. Roldan v.

Nationwide Mutual Fire Insurance v. Pascarella

993 F. Supp. 134 · District Court, N.D. New York · Feb 6, 1998

of the insurer’s underwriter or other qualified, employee. … The moving party must also provide the specific citations to the part of the record in which the material fact is established. 2 .

Mann Ex Rel. Parent v. Meachem

929 F. Supp. 622 · District Court, N.D. New York · Jun 19, 1996

A complaint should not be dismissed unless it appears beyond a reasonable doubt that the plaintiff cannot in any way establish a set of facts to sustain his claim which would permit relief. Hughes v. … Qualified Immunity The Court need not address the issue of qualified immunity, because all claims have been dismissed. III.

Morgan v. City of Utica, New York

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

Even if there was not probable cause, a police officer is entitled to qualified immunity if they had arguable probable cause to arrest a plaintiff in a false arrest suit. See Garcia v. … 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.

American Tax Funding, LLC v. City of Syracuse

41 F. Supp. 3d 188 · District Court, N.D. New York · Aug 29, 2014

Jan. 11, 2011) (“A party is entitled to full contractual indemnification provided that the intention to indemnify can be clearly implied from the language and purposes of the entire agreement and the surrounding facts and … “Under the American Rule, it is well established that attorneys’ fees ‘are not ordinarily recoverable in the absence of a statute or enforceable contract providing therefor.’ ” U.S. Fid. & Guar. Co. v.