Case law

Orenstein v. Figel

677 F. Supp. 2d 706 · District Court, S.D. New York · Dec 30, 2009

Analysis To succeed on a claim for libel, or defamation based on written statements, pursuant to New York law, 2 a plaintiff must establish the “elements [of] a false statement, published without privilege or authorization … An absolute privilege exists “[w]hen compelling public policy requires that the speaker be immune from suit,” *710 Liberman v.

Singh v. Parnes

199 F. Supp. 2d 152 · District Court, S.D. New York · Apr 29, 2002

Second, the specific instances of qualifying criminal conduct must have taken place within ten years of each other. See 18 U.S.C. § 1961 (5). … operation or management of the affairs of a qualifying “enterprise.”

Turner v. Dellapia

District Court, S.D. New York · Nov 3, 2020

Qualified immunity “protects public officials performing discretionary functions from personal liability in a civil suit for damages insofar as their conduct does not violate clearly established statutory or constitutional … A qualified immunity defense is therefore established “if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate

Ocean Line Holdings Ltd. v. China National Chartering Corp.

578 F. Supp. 2d 621 · District Court, S.D. New York · Sep 26, 2008

Plaintiff does not dispute that an entity named Sinochart was established by the PRC in 1955. … Moreover, Sinochart’s initial request — for security in excess of $13 million — clearly was excessive.

Leiman v. Fashion Institute of Technology

441 F. Supp. 854 · District Court, S.D. New York · Dec 13, 1977

The credible evidence clearly and convincingly establishes that plaintiff was not the victim of any discrimination with respect to the hiring. … The credible evidence clearly and convincingly establishes that plaintiff was not discharged for discriminatory reasons.

Carter

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

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Qualified immunity is not appropriate at this stage because it was clearly established at the time of the alleged violations that prison officials may not act with deliberate indifference towards a prisoner’s medical needs

Wright v. Miller

973 F. Supp. 390 · District Court, S.D. New York · Aug 22, 1997

As this *396 right to call witnesses is clearly established, see id,.; McCann v. Coughlin, 698 F.2d 112, 124-25 (2d Cir.1983); Williams v. … Smith, 781 F.2d 319, 322 (2d Cir.1986), defendants’ qualified immunity defense fails.

Baker

District Court, S.D. New York · Jan 9, 2026

Qualified immunity shields government officials from civil liability where “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Without more, Plaintiffs therefore fail to show that County Defendants’ conduct violated clearly established law. Accordingly, County Defendants are entitled to qualified immunity. 4.

Williams, Jr. v. City of New York

District Court, S.D. New York · Aug 28, 2024

Qualified Immunity “Qualified immunity shields government officials from liability for civil damages as a result of their performance of discretionary functions and serves … Defendants claim entitlement to qualified immunity, both because the denial of access to counsel falls in a “grey area” rather than being clearly unconstitutional, and because their actions were taken pursuant to a “facially

Gregory v. Garrett Corp.

578 F. Supp. 871 · District Court, S.D. New York · Dec 16, 1983

First, Garrett contends that New York law governs the issue of contribution and that New York’s law clearly permits contribution claims in the workers’ compensation context. … Even then, all of TGA’s shares were indirectly owned by TG through a voting trust, which TG established with FAA approval. Moreover, it appears that all of TGA’s flight and maintenance crew members were paid by TG.

Espada v. Schneider

522 F. Supp. 2d 544 · District Court, S.D. New York · Nov 7, 2007

Having found that probable cause existed for the arrest, we need not reach the issue of qualified immunity. … Having found that probable cause existed to prosecute Espada, we need not reach the issue of qualified immunity.

Raymond International Inc. v. the M/T Dalzelleagle

336 F. Supp. 679 · District Court, S.D. New York · Nov 4, 1971

By immunizing its treasury from the liabilities of Triborough the state cannot then claim it is entitled to sovereign immunity. … Laws, Vol. 42) clearly indicates, Triborough has more intimate ties with the City of New York than with the State.

Byrnes v. IDS Realty Trust

85 F.R.D. 679 · District Court, S.D. New York · Feb 28, 1980

Attorney witnesses, on January 8, 1980, filed a motion objecting to portions of the Magistrate’s Memorandum and Order as contrary to law or clearly erroneous. … The plaintiffs have not established, however, how the disclosure to the SEC prejudiced them.

Mejia v. New York Sheraton Hotel

459 F. Supp. 375 · District Court, S.D. New York · Oct 31, 1978

Where discriminatory refusal to hire is alleged, plaintiff may establish a prima facie ease by showing (1) that she is a member of a minority or is a woman, (2) that she applied for a position for which she was qualified, … The evidence in the case established beyond peradventure of doubt a serious past and current inability on the plaintiff’s part to articulate clearly or coherently and to make herself adequately understood in the English language

Beach v. The City of New York

District Court, S.D. New York · Aug 28, 2023

A plaintiff seeking to defeat a qualified immunity defense must “plead[] facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of … The Court next analyzes the applicability of qualified immunity to Plaintiff’s excessive force claim. “The dispositive question is whether the violative nature of particular conduct is clearly established.” Davila v.

Blanco v. United States

464 F. Supp. 927 · District Court, S.D. New York · Feb 14, 1979

Recovery for wrongful death on the high seas may be maintained under DOHSA and the Jones Act. 2 The question remains: Is jurisdiction under the PVA established in this case? … Both the DOHSA and the Jones Act require that independent admiralty jurisdiction be established under the PVA or the SIAA in order that their provisions become applicable to a claimant. Roberts v. U.

Muhammad v. City of New York

District Court, S.D. New York · Nov 18, 2019

Defendants contend that any force used was reasonable in the circumstances and that they are entitled to qualified immunity. … established at the time of the challenged conduct.’

Aegis Insurance Services, Inc. v. Port Authority of New York & New Jersey

468 F. Supp. 2d 508 · District Court, S.D. New York · Jan 12, 2006

Clearly, this was not routine City business. … In particular, the Port Authority contends that the “World Trade Center Building Performance Study” issued by the Federal Emergency Management Agency (the “FEMA Report”) clearly establishes that the decision of the FDNY to

Aryai v. Forfeiture Support Associates, LLC

25 F. Supp. 3d 376 · District Court, S.D. New York · Aug 27, 2012

on the principle of sovereign immunity.” … of sovereign immunity.”

International Housing Ltd. v. Rafidain Bank Iraq

712 F. Supp. 1112 · District Court, S.D. New York · May 17, 1989

It is not qualified nor licensed to do business in the United States. … The FSIA codifies a restrictive theory of sovereign immunity which confines immunity from suit to a foreign sovereign’s public, governmental acts. Verlinden B. V. v.