Case law

In Re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation

364 F. Supp. 2d 329 · District Court, S.D. New York · Nov 3, 2004

When a party challenges the removal of the action from state *332 court, the burden falls on the removing party "to establish its right to a federal forum by `competent proof.'" [5] "Out of respect for the independence of … agency; (2) it has a colorable federal defense; and (3) there is a causal nexus between the federal direction and the conduct at issue. [19] The second requirement is broadly construed; a defense need only be colorable, not clearly

Knoeffler v. Town of Mamakating

126 F. Supp. 2d 305 · District Court, S.D. New York · Dec 12, 2000

immunity.” … immunity defense.

In re VOYAGER DIGITAL HOLDINGS, INC., et al.; UNITED STATES OF AMERICA, et al. v. VOYAGER DIGITAL HOLDINGS, INC., et al.; OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF VOYAGER DIGITAL HOLDINGS, INC. and PLAN ADMINISTRATOR MICHAEL WYSE

District Court, S.D. New York · Aug 4, 2026

Amalgamated Bank, 566 U.S. 639, 649 (2012) (“The Bankruptcy Code standardizes an expansive (and sometimes unruly) area of law, and it is our obligation to interpret the Code clearly and predictably using well established … Summerlin, 494 F.3d 344, 368 (2d Cir. 2007) (“[B]ecause qualified immunity is an affirmative defense, it is incumbent upon the defendant to plead, and adequately develop, a qualified immunity defense during pretrial proceedings

Civil Rights Corps. v. Cushman

District Court, S.D. New York · Aug 17, 2022

immunity and frustrating the policy reasoning behind qualified immunity. … by qualified immunity (the claims for damages).

Clavizzao v. United States

706 F. Supp. 2d 342 · District Court, S.D. New York · Sep 30, 2009

Claims Against the IRS The IRS claims that the Court lacks jurisdiction based on sovereign immunity. Sovereign immunity dictates that the United States cannot be sued without its consent. See United States v. … Kitchen, 156 F.3d 1025, 1029 (10th Cir.1997) (“[Section 6332(e) ... clearly bars money damages against a person who has complied with an IRS levy.”).

Nicholas E. Vernicos Shipping Company v. United States

223 F. Supp. 116 · District Court, S.D. New York · Oct 24, 1963

The Convention establishes rules relating to salvage of vessels at sea and is principally concerned with the duties of masters and the size and basis of awards. … The evidence clearly demonstrates that on the evening of October 29th and the morning of October 30th, ALTAIR and MERCURY were ships in distress.

Lipin v. NATIONAL UNION FIRE INS. OF PITTSBURGH

202 F. Supp. 2d 126 · District Court, S.D. New York · Mar 28, 2002

Absolute Immunity for Actions Taken in Quasi-Judicial Capacity Defendant Greig is also immune from suit for damages in his individual capacity with respect to his activities as Panel Chairman of the DDC. … State bar disciplinary proceedings have been found to be “clearly judicial in nature;” *135 quasi-judicial immunity is thus available to members of disciplinary committees and panels. Sassower, 927 F.Supp. at 120-21 .

Griffin v. Corporation Counsel

District Court, S.D. New York · Aug 1, 2025

Officers Yakubu, Fatorma, and Benoit-Jones then assert that they are entitled to qualified immunity. … “Qualified immunity shields officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

In Re Chateaugay Corp.

146 B.R. 339 · District Court, S.D. New York · Oct 15, 1992

Appellees argue that the only logical conclusion to draw from Boyle is that the Supreme Court clearly intended that the defense apply in the nonmilitary context. … According to Boyle , the Feres doctrine, immunizing the Government from all liability for suits for service-connected injuries, would, if extended to contractors, be too broad in that it would immunize contractors from the

Knight v. New York State Department of Corrections

District Court, S.D. New York · Mar 30, 2022

Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly … And, “for a right to be clearly established for purposes of a qualified immunity defense, the precise conduct at issue need not previously have been ruled unlawful.” Zahrey v.

Holzsager v. Valley Hospital

482 F. Supp. 629 · District Court, S.D. New York · Dec 18, 1979

Clearly that state has an interest in ensuring that full compensation be paid. … Since the case was clearly pending before this court, the hospital’s attitude was unjustified.

Xerox Corp. v. International Business Machines Corp.

64 F.R.D. 367 · District Court, S.D. New York · Jul 23, 1974

The Special Master is to establish a reasonable time schedule for the exchange of documents and lists of documents. … United States, 20 F.R.D. 7 (E.D.N.Y. 1956) (production of statements of witnesses taken by others for the use of defendant’s counsel denied because plaintiff did not establish good cause; indeed, the court’s opinion clearly

Vera v. Republic of Cuba

40 F. Supp. 3d 367 · District Court, S.D. New York · Aug 22, 2014

Each judgment was supported by specific findings of fact and conclusions of law, establishing jurisdiction under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605A, previously § 1605(a)(7). … The Terrorism Risk Insurance Act, 28 U.S.C. § 1610 (“TRIA”) clearly authorizes the levies of execution by the plaintiffs on blocked funds owned or ' controlled by Cuba.

Viacom International Inc. v. YouTube, Inc.

718 F. Supp. 2d 514 · District Court, S.D. New York · Jun 23, 2010

qualifies for the limitations on liability under any other such subsection. … so qualify.

Almonte v. Pierce

666 F. Supp. 517 · District Court, S.D. New York · Jul 28, 1987

Elaborate procedures were built into the rental scheme to establish and maintain that racial ratio. … It is now well established that the Housing Act of 1959, of which section 202 provides a federal funding source, “clearly permits HUD to approve a loan to any single sponsor who wishes to build housing only for the elderly

Everest Foods Inc. v. Andrew M. Cuomo

District Court, S.D. New York · Feb 7, 2022

was clearly established at the time. … “The doctrine of qualified immunity shields government employees from civil liability where performance of their discretionary functions ‘does not violate clearly establish statutory or constitutional rights of which a

Gulf Islands Leasing, Inc. v. Bombardier Capital, Inc.

215 F.R.D. 466 · District Court, S.D. New York · May 29, 2003

the immunity.” … See Fed.R.Civ.P. 26(b)(3), Advisory Committee’s note (“Materials assembled in the ordinary course of business ... are not under the qualified immunity provided by this subdivision.”) ...

Reiss v. Societe Centrale Du Groupe Des Assurances Nationales

185 F. Supp. 2d 335 · District Court, S.D. New York · Feb 13, 2002

The FSIA clearly contemplates that acts supporting jurisdiction may occur in, and outside, the United States. … If Reiss can establish that Juliard, who allegedly had numerous contacts with Reiss in the United States and France during the period from 1992 through 1995, was acting as agent for any of the Defendants, then Reiss has established

Tptcc Ny, Inc. v. Radiation Therapy Services, Inc.

784 F. Supp. 2d 485 · District Court, S.D. New York · May 16, 2011

As to the first factor, the Amended Complaint clearly alleges that, between December 2008 and November 2009, RTSI made independent contributions to the business plan. See, e.g., Am. … (noting that Cicero Consulting agrees to “work with ... your attorney on the legal/establishment elements” of gaining regulatory approval from the NYDOH for Medscan’s application to establish a PBT facility).

Ramirez v. Selsky

817 F. Supp. 1090 · District Court, S.D. New York · Mar 31, 1993

Coughlin, 970 F.2d 1148 , 1153 n. 2 (2d Cir.1992), for the rule that “prison disciplinary hearing officers are protected only by qualified immunity.” … The Second Circuit has recently noted that “prison disciplinary hearing officers are protected only by qualified immunity.” Zavaro v. Coughlin, 970 F.2d 1148 , 1153 n. 2 (2d Cir.1992).