Case law

Daventree Ltd. v. Republic of Azerbaijan

349 F. Supp. 2d 736 · District Court, S.D. New York · Dec 28, 2004

Under the FSIA, “a foreign state is presumptively immune from the jurisdiction of United States courts” unless that immunity is specifically excepted elsewhere in the Act. See id.; 28 U.S.C. § 1605 . … Once it is established that the conduct at issue is a “commercial activity” under the FSIA, the first prong of the commercial activity exception strips a sovereign of its immunity if “the action is based upon commercial activity

United States v. Stein

435 F. Supp. 2d 330 · District Court, S.D. New York · Jun 26, 2006

The KPMG Defendants Are Not Obliged to Establish Prejudice, Which in Any Case Would Be Presumed Here.....369 III. … Garcia, 471 U.S. 261, 277 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985) ("[W]e have found tort analogies compelling in establishing the elements of a cause of action under § 1983 ... and in identifying the immunities available

Collado v. The City of New York

District Court, S.D. New York · Aug 23, 2019

Applicable Law "As a general matter, police officers who violate a plaintiff's constitutional rights are nevertheless entitled to qualified immunity if their conduct does not violate clearly established statutory … violate a clearly established right, is a mixed question of law and fact.

Healy v. United States

192 F. Supp. 325 · District Court, S.D. New York · Mar 15, 1961

for military service involved the exercise of a discretionary function on the part of the certifying doctors, within the exception to the waiver of sovereign immunity under the Act. 2 3 The complaint alleges that on December … We cannot impute to Congress such a radical departure from established law in the absence of express congressional command.” 7 Thus, essentially it was the Government-soldier relationship which led the Court “to read that

Sharkey v. J.P. Morgan Chase & Co.

251 F. Supp. 3d 626 · District Court, S.D. New York · Apr 14, 2017

The text of Section 144 establishes that another district court judge shall be assigned to hear the matter if the movant establishes that the motion is timely and the party’s affidavit is sufficient. … Chen Qualified Settlement *631 Fund, 552 F.3d 218, 227 (2d Cir. 2009).

Mitchell v. Northern Westchester Hospital

171 F. Supp. 2d 274 · District Court, S.D. New York · Oct 17, 2001

To establish a prima facie Title VII claim for failure to promote, an employee must allege that: (1) he or she is a member of a protected class; (2) he or she is *278 qualified for the job to which he or she applied; (3) … The Hospital Offers Legitimate, Norir-Discriminatory Reasons for Refusing to Promote Plaintiff: Since Plaintiff has established the prima facie case of discriminatory failure to promote, the Hospital “ ‘must clearly set forth

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

Atkins v. County of Orange

251 F. Supp. 2d 1225 · District Court, S.D. New York · Mar 14, 2003

In order to establish a violation of Title II of the ADA, plaintiffs must show that: 1) he or she is a qualified individual with a disability; 2) he or she is being excluded from participation in, or being denied the benefits … Defendants argue that Rampe has qualified immunity from all claims because he acted reasonably and in addition, he had no personal involvement, a prerequisite for § 1983 liability. (Defs. Mem. Supp. Mot.

Hunter

District Court, S.D. New York · Aug 11, 2026

Callahan, 555 U.S. 223, 231 (2009) (internal quotation marks omitted) (the qualified immunity doctrine shields federal and state officials from liability for damages insofar as “their conduct does not violate clearly established … Okst, 101 F.3d 845, 857 (2d Cir. 1996) (qualified immunity applies where “(1) [the official’s] conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for [the official]

United States v. Kristel

762 F. Supp. 1100 · District Court, S.D. New York · Apr 23, 1991

The Government in Riviec-cio and Miriani had established that it had prior knowledge of substantially all of the information covered by the immunized tes *1108 timony, thereby foreclosing the possibility that it made “any … This type of use of immunized testimony is clearly prohibited by Kastigar and its progeny. A greater degree of doubtfulness attaches to Mr. Kristel’s contention that the Government introduced Mr.

Correa v. Ginty

District Court, S.D. New York · May 20, 2021

clearly established at the time of the challenged conduct.” … As “qualified immunity is not only a defense to liability, but also provides immunity from suit . . . the defendant’s entitlement to qualified immunity should be resolved at the earliest possible stage in litigation.”

United States v. Kiger

297 F. Supp. 339 · District Court, S.D. New York · Mar 13, 1969

These cases are clearly distinguishable and defendant’s reliance on them is misplaced. … Armed Services and who would be qualified for such service in time of war or national emergency declared by the Congress.”

Commercial Pacific Cable Co. v. Philippine Nat. Bank

263 F. 218 · District Court, S.D. New York · Jan 26, 1920

The Philippine government owns from 85 to 90 per cent, of the capital stock of the bank, but not all, and it is clearly established that the bank does a general banking business, receives deposits from private individuals … In addition to the foregoing is the plain language of the statute evidencing the intent of the Congress to 'restrict the advantages within; limits clearly stated.

Donahue v. United States Department of Justice

751 F. Supp. 45 · District Court, S.D. New York · Nov 7, 1990

Clearly, had these allegations appeared in the complaint they would have been sufficient to allege a headquarters claim. A motion to dismiss under Rule 12(b) tests the sufficiency of the allegations in the complaint. … Plaintiffs’ allegations establish a headquarters claim insofar as the act of negligence is alleged to have occurred in the United States.

Walker v. Greystone Programs Inc.

District Court, S.D. New York · Oct 8, 2020

Qualified Immunity To the extent that Plaintiff’s claims against Defendant Miranda are not based on her adjudicatory role, those claims are barred by qualified immunity … As such, “qualified immunity shields both state and federal officials from suit unless [1] the official violated a statutory or constitutional right that [2] was clearly established at the time of the challenged conduct

Jones v. Falco

District Court, S.D. New York · Aug 25, 2022

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. … “A qualified immunity defense is 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 such

Ford v. McGinnis

198 F. Supp. 2d 363 · District Court, S.D. New York · Nov 29, 2001

According to plaintiff, section 1997e(e), while clearly applicable to Eighth Amendment claims, simply does not apply to First Amendment claims. See PI. Mem. at 4, 7-8. … See also Searles, 251 F.3d at 876 (citing qualified immunity protection as one instance where damages are not available for constitutional violations).

Klinghoffer v. S.N.C. Achille Lauro Ed Altrigestione Motonave Achille Lauro in Amministrazione Straordinaria

739 F. Supp. 854 · District Court, S.D. New York · Jun 7, 1990

The ATA also forbids establishing or maintaining “an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided … Such func *864 tional privileges and immunities certainly extend to immunity from legal process in respect of words spoken or written or any act performed in the exercise of the observer function.

Langella v. COM'R OF CORRECTIONS, STATE OF NY

413 F. Supp. 1214 · District Court, S.D. New York · May 12, 1976

Clearly, the disruption of the grand jury proceedings that would have been occasioned by a plenary suppression hearing is not the same as where the power of civil contempt is used to coerce the giving of testimony before … A new York grand jury may indict a person only when “(a) the evidence before it is legally sufficient to establish that such person committed such offense and (b) competent and admissible evidence before it provides reasonable

Hayes v. Condlin

District Court, S.D. New York · Feb 26, 2024

entitled to qualified immunity for their action. … “Because qualified immunity is ‘an affirmative defense that reflects an immunity from suit rather than a mere defense to liability, it is appropriate to decide the issue of qualified immunity, when raised, at an early stage