Case law

Bogan v. Northwestern Mutual Life Insurance

163 F.R.D. 460 · District Court, S.D. New York · Sep 29, 1995

immunity provided by this subdivision.”). … Given this fact, we do not find Magistrate Fox’s ruling clearly erroneous.

Magnaleasing, Inc. v. Staten Island Mall

76 F.R.D. 559 · District Court, S.D. New York · Nov 28, 1977

Since the relevant portions of the settlement agreement in no way relate to trial tactics or material to be used in the defense of the actions brought by the other tenants, they were not protected by the qualified immunity … It is argued that these provisions of the agreement were drafted “in anticipation of litigation” with those other tenants and should be protected with qualified work-product immunity under Rule 26(b)(3).

Scheinberg v. Merck & Co.

924 F. Supp. 2d 477 · District Court, S.D. New York · Jan 7, 2013

I think I can comment on the impact that diabetes might have on the immune system leading to immunocompromised host factors because of my background and my understanding of the immune system, both through rheumatology and … Rather, he will testify that her “bout with [shingles] indicates that her immune system was compromised at the *504 precise time she needed her immune response to assist with the healing from her extraction and the surrounding

Diederich v. Department of the Army

132 F.R.D. 614 · District Court, S.D. New York · Nov 8, 1990

This does not mean that defendant is not expected to qualify its responses; Rule 36(a) provides that “[a] denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify … Clearly, Request 6(b) is requesting admission as to the meaning or construction of a specific Policy Letter.

Wolpoff v. Cuomo

792 F. Supp. 964 · District Court, S.D. New York · May 29, 1992

Nonetheless, because the refusal clause’s text, as noted above, does not clearly and explicitly abrogate the states’ eleventh amendment immunity, we are obligated under Pennhurst, Atascadero, and Dellmuth to hold that plaintiffs … immunity, is meritless for the reasons discussed above.

Maritime Ventures International, Inc. v. Caribbean Trading & Fidelity, Ltd.

689 F. Supp. 1340 · District Court, S.D. New York · Jun 27, 1988

Plaintiff’s vigorous efforts to establish the liability of the other defendants, clearly demonstrates that plaintiff has little hope of recovering damages from Caribbean. 4 . … asserted the immunity defense in their pleadings.

Houghton Ex Rel. Houghton v. Board of Regents of the University of Washington

691 F. Supp. 800 · District Court, S.D. New York · Aug 9, 1988

Defendant argues that in this case any judgment would be paid out of the tort claim revolving fund established by Rev. Code of Wash. … The Supreme Court has held that "a state’s waiver of sovereign immunity in its own courts is not a waiver of Eleventh Amendment immunity in the federal courts", unless the state clearly evidences an intent to waive such immunity

Matsushita Electronics Corp. v. Loral Corp.

974 F. Supp. 345 · District Court, S.D. New York · Aug 22, 1997

Loral, therefore, is immune from liability stemming from this round of letters. Loral is also entitled to immunity from tort liability stemming from the second round of letters it sent. … Indeed, even MEI and MEC were unable to put their hands immediately on the relevant documents establishing a sublicense. 5 .

Doe v. Delaware State Police

939 F. Supp. 2d 313 · District Court, S.D. New York · Apr 4, 2013

The DSP is clearly an agency of the state of Delaware, and Plaintiffs do not argue otherwise. (Pis.’ Mem. 8.) … State’s sovereign immunity); Murphy v.

Sharrock v. Harris

473 F. Supp. 1173 · District Court, S.D. New York · Jul 13, 1979

In this regard, it is firmly established that the sovereign is “immune from suit save as it consents to be sued,” United States v. … Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767, 769 , 85 L.Ed. 1058 (1941), and that such consent must be clearly stated, United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). See United States v.

Muhammad

District Court, S.D. New York · May 15, 2026

“The doctrine of qualified immunity shields police officers acting in their offi- cial capacity from suits for damages unless their actions violate clearly- established rights of which an objectively reasonable … “Courts are cautioned not to define clearly established law at a high level of generality, and police officers are entitled to qualified immunity unless exist- ing precedent squarely governs the specific facts at issue

Gomez v. Miller

337 F. Supp. 386 · District Court, S.D. New York · Dec 7, 1971

Indiana, 255 N.E.2d 515, 519 (Ind.1970), 7 as to a statute similar to § 662-b of the CCP: “Clearly, the real basis for this commitment is the existence of the criminal charges against appellant. … Avery, 301 F.Supp. 786, 791 (M.D.Tenn. 1969), his Section 1983 petition is clearly not a mere sham procedure to avoid the exhaustion requirement of the federal habeas corpus statute, 28 U.S.C. 2254(b), (c).”

Republic of Ecuador v. ChevronTexaco Corp.

376 F. Supp. 2d 334 · District Court, S.D. New York · Jun 27, 2005

Analysis The Foreign Sovereign Immunities Act (FSIA), which establishes a background rule of sovereign immunity accompanied by a specifically enumerated list of exceptions, “provides the sole basis for obtaining [subject … established by the FSIA.

Fairchild, Arabatzis & Smith, Inc. v. Sackheim

451 F. Supp. 1181 · District Court, S.D. New York · Apr 28, 1978

Judicial intervention, without exhaustion, has been upheld where contested agency action, normally reviewable within the administrative stream, was “clearly in excess of delegated powers” and contrary either to “a specific … True, it establishes a wrong to the plaintiff. But it does not establish that the officer, in committing that wrong, is not exercising the powers delegated to him by the sovereign.”

Rosenthal v. Warren

374 F. Supp. 522 · District Court, S.D. New York · Apr 15, 1974

Were the heart and means of that Samaritan so large that he was able, not only to provide for one wounded man, but to establish a hospital for the care of a thousand, it would be no less intolerable that he should be held … James Walker Memorial Hospital, 407 F.2d 1036 (4th Cir. 1969). 30 In a diversity case, where North Carolina law clearly applied, the defendant hospital asserted the defense of that state’s charitable immunity doctrine.

Rivera

District Court, S.D. New York · Sep 10, 2025

Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3) even if the right was ‘clearly

Foster Wheeler Corp. v. Babcock & Wilcox Co.

440 F. Supp. 897 · District Court, S.D. New York · Sep 27, 1977

The Indiana court’s injunction against arbitration was based upon “the established rule that public interest in questions of patent validity and infringement renders them inappropriate for determination in arbitration proceedings … Since it does not clearly appear that Bryan “ought to be a witness” in the case, FWC’s motion to disqualify him and his firm will be denied without prejudice to its renewal on a better showing of basis for the allegations

Watson v. Califano

487 F. Supp. 179 · District Court, S.D. New York · Sep 28, 1979

An individual who qualifies for benefits is not entitled to such automatically; applications for benefits is a prerequisite to entitlement. … For reasons already discussed, it cannot be said that the 1971 determination clearly was incorrectly based on the information available at that time.

Serra v. United States General Services Administration

667 F. Supp. 1042 · District Court, S.D. New York · Aug 31, 1987

On July 14, 1987, this Court ruled that defendants William Diamond and Dwight Ink, sued in their personal capacities, are immune from personal liability herein under the doctrine of qualified immunity, 664 F.Supp. 798 . … The Supreme Court has held that ideas need not necessarily be spoken or written to qualify for First Amendment protection. Tinker v.

Gottlieb v. County of Orange

882 F. Supp. 71 · District Court, S.D. New York · Apr 25, 1995

The Court found the individual defendants protected by qualified immunity. … Rapport can be established with the child by asking ... some general questions ...