Case law

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

Goldring v. Davidson

District Court, S.D. New York · Apr 1, 2020

Whether “qualified immunity applies in a particular case ‘generally turns on the objective legal reasonableness’ of the challenged action, ‘assessed in light of the legal rules that were clearly established at the time … However, this Court declines to engage in the “[u]nnecessary litigation of constitutional issues” when the “clearly established” prong of the qualified immunity inquiry resolves Plaintiff’s claims.

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.

Idaho Potato Commission v. M & M Produce Farms & Sales

95 F. Supp. 2d 150 · District Court, S.D. New York · Apr 26, 2000

Tort liabilities of the IPC are satisfied only by the State of Idaho’s Mandatory Risk Management Program or “Retained Risk Account” established pursuant to Idaho Code § 67-5776 and administered, by the Idaho Department of … The State Legislature passed a further revision to the statute, which clearly was directed primarily to this litigation.

Morgan Guar. Trust Co. of NY v. Republic of Palau

657 F. Supp. 1475 · District Court, S.D. New York · Apr 8, 1987

Palau submits that this history establishes that its representatives had no power to sign any agreement purporting to waive Palau’s sovereign immunity from suit. … immunity principles in this country.

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.

Williams v. Reilly

743 F. Supp. 168 · District Court, S.D. New York · May 17, 1990

As noted by defendants, even if plain *176 tiff did have a viable statutory or constitutional claim based on the acts of DLA officials, it would be foreclosed because of the qualified good faith immunity enjoyed by federal … There can be no denial of “clearly established statutory or constitutional rights” because, as discussed supra, no due process deprivations or statutory violations were properly pleaded by the complaint.

Provet v. State of NY

546 F. Supp. 492 · District Court, S.D. New York · Sep 3, 1982

The New York State Parole Commission is an agency of the New York executive department, created and established by New York Executive Law §§ 240-242 (McKinney 1972 & Supp.1981). … Defendants argue that Janousek, as a parole officer, is entitled to qualified immunity under 42 U.S.C. § 1983 . It is not necessary to reach this question since the Eleventh Amendment bars this suit against Janousek.

United States v. United States Alkali Export Ass'n

58 F. Supp. 785 · District Court, S.D. New York · Mar 5, 1945

, agreements and understandings are described in considerable detail, and it is alleged that under these contracts, agreements and understandings foreign markets in alkalis were divided and allocated, export quotas were established … Clearly, Section 2 of the WebbPomerene Act granted no immunity to the moving defendants for such a conspiracy as charged in the complaint.

Hong v. Aigle

District Court, S.D. New York · Jun 1, 2020

Qualified Immunity 1. … The applicability of qualified immunity is a fact-specific inquiry, and may only be established at the motion to dismiss stage if it is “based on facts appearing on the face of the complaint.” Felix v.

United States v. Concentrated Phosphate Export Ass'n

273 F. Supp. 263 · District Court, S.D. New York · Sep 11, 1967

Delivery by the supplier was established by a “Material Inspection and Receiving Report”. … The control of the United States over the OSROK’S procurements is clearly defined.

Brown v. City of New York

210 F. Supp. 2d 235 · District Court, S.D. New York · Nov 16, 1999

These provisions establish preliminary jurisdiction in both the local and “superior” courts (Report, 11); superi- or courts can, under some circumstances, divest the jurisdiction of local courts. Id. … This court agrees. 5 The eases cited by Plaintiff are clearly distinguishable from the instant case. For example, Maestri v.

Murcia v. County of Orange

185 F. Supp. 2d 290 · District Court, S.D. New York · Jan 24, 2002

Moreover, assuming arguendo that such a policy exists, Sheriff Bigger would not be entitled to claim qualified immunity with respect to searches conducted pursuant to that policy, because it has been settled law in this Circuit … Indeed, I would not even submit the question of qualified immunity to the jury.

Air Freight Haulage Co., Inc. v. Ryd-Air, Inc.

408 F. Supp. 446 · District Court, S.D. New York · Feb 24, 1976

ACI, first established by the air carriers as a joint research corporation, is wholly-owned and controlled by the national airlines. … The Board’s 1947 approval of ACI merely authorizes its establishment and approves its then contemplated activities which flow therefrom. Trans World Airlines, Inc. v.

Corporacion Venezolana De Fomento v. Vintero Sales Corp.

477 F. Supp. 615 · District Court, S.D. New York · Nov 14, 1979

states are entitled to immunity. … Merban’s answer later revealed that it is a Swiss corporation qualified to do business in New York. 3 . This argument further assumes that Merban has its principal place of business here.

Lombardi v. Peace

259 F. Supp. 222 · District Court, S.D. New York · Sep 26, 1966

But it is established that 42 U.S.C. § 1985 does not create a cause of action for a conspiracy to deny due process. Joyce v. Ferrazzi, 323 F.2d 931 (1st Cir.1963); Dunn v. … This-is clearly not the type of personal injury the legislature could have had in mind' when § 512-a was drafted.

Mishk v. Destefano

5 F. Supp. 2d 194 · District Court, S.D. New York · May 20, 1998

The defendants have moved for summary judgment, and the individual defendants have also asserted the affirmative defense of qualified immunity. For the reasons that follow, the defendants’ motion is granted. … Indeed, Mishk was promoted to Detective after the establishment of the Narcotics Unit.

Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People's Democratic Republic

997 F. Supp. 2d 214 · District Court, S.D. New York · Feb 6, 2014

argued that the district court should have exercised this discretion “because ‘the [Colombian court’s] decision was contrary to both domestic Colombian and international law; recognition of that decision would frustrate clearly … Under section 1610(d), a foreign sovereign’s property is not immune from attachment if it “has explicitly waived its immunity from attachment prior to judgment.”

Bunting v. Nagy

452 F. Supp. 2d 447 · District Court, S.D. New York · Sep 27, 2006

Second, because the due process right to call witnesses at disciplinary hearings is clearly defined, and therefore defendant was not entitled to qualified immunity. … Defendant’s Qualified Immunity and the Eleventh Amendment Arguments In light of the Court’s determination on the due process issue, it need not address the questions of qualified immunity or sovereign immunity.

Kregler v. City of New York

608 F. Supp. 2d 465 · District Court, S.D. New York · Mar 16, 2009

There the Circuit Court noted that “qualified immunity is a privilege that is essential to the ability of government officials to carry out their public roles effectively without fear of undue harassment by litigation.” 490 … immunity is an immunity from suit as well as from liability.”