Case law

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.”

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).

Whitehorn v. Wolfgang's Steakhouse, Inc.

275 F.R.D. 193 · District Court, S.D. New York · Jul 20, 2011

duties would not immunize [defendant] from liability”); Chu Chung v. … Adequacy of the representatives is established. e.

Reino De Espana v. AMERICAN BUREAU OF SHIPPING, INC.

328 F. Supp. 2d 489 · District Court, S.D. New York · Aug 4, 2004

ABS surveyors inspect particular vessels as to their design, construction, and “operational maintenance” in light of standards established by ABS. (Id. ¶¶ 16-21.) … The FSIA House Report notes that “notwithstanding that the foreign state may be immune under subsections (a) and (b), the foreign state nevertheless would not be immune from a setoff.

Liverpool v. The City of New York

District Court, S.D. New York · Sep 28, 2022

clearly established at the time it was taken. … Defendants’ qualified immunity argument succeeds on the third prong of the test because their actions were objectively reasonable in light of clearly established legal rules regarding the circumstances present here.

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

Walpex Trading Co. v. Yacimientos Petroliferos Fiscales Bolivanos

712 F. Supp. 383 · District Court, S.D. New York · May 1, 1989

These two factors alone were sufficient to establish an effect “in” the United States. Id at 312. … More substantial contacts are required, of course, to establish general jurisdiction.

Janes v. Triborough Bridge & Tunnel Authority

889 F. Supp. 2d 462 · District Court, S.D. New York · Jan 23, 2012

Drivers must use E-ZPass, an electronic toll debit system, to qualify for the discount. … I, § 8, Cl. 3, the Privileges and Immunities Clause, Art. IV, § 2, Cl. 1, the Privileges or Immunities Clause, Amend. XIV, § 1, Cl. 2, and the Equal Protection Clause, Amend.

Albinder v. United States

685 F. Supp. 45 · District Court, S.D. New York · Nov 4, 1987

Under this Act, the United States has waived its sovereign immunity for certain maritime claims. … The government is not liable for captain Gero’s decision to leave the navigable channels for a short-cut over an area containing an obstruction clearly marked on government charts.

In Re Terrorist Attacks on September 11, 2001

349 F. Supp. 2d 765 · District Court, S.D. New York · Jan 18, 2005

Yet, under the "legal characteristics" test, the PIF could qualify as a political subdivision. See Hyatt, 945 F.Supp. at 680 . … As explained above, the PIF could qualify either as an organ or political subdivision of the Kingdom of Saudi Arabia.

Ross v. Willis

District Court, S.D. New York · Aug 9, 2021

Qualified Immunity Qualified immunity “shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly … In any event, Willis would be entitled to qualified immunity because his conduct with respect to ascertaining Willis’s medical condition did not violate a clearly established statutory or constitutional right.

Sikhs for Justice v. Nath

893 F. Supp. 2d 598 · District Court, S.D. New York · Sep 21, 2012

Nath has also asserted an immunity defense pursuant to the Foreign Sovereign Immunities Act (the “FSIA”) as well as pursuant to the doctrines of special missions immunity and common law sovereign immunity. (Def. … Immunity under the FSIA is immunity “not only from liability, but also from the costs, in time and expense, and other disruptions attendant to litigation.” Id.

First City, Texas-Houston v. Rafidain Bank

197 F.R.D. 250 · District Court, S.D. New York · Nov 8, 2000

See Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605 (a). … First City thus clearly availed itself of the Rule 5(b) method of service. The Court therefore concludes that service of the subpoena portion of the 2000 Rafidain Subpoena and Restraint was proper.

United States v. Birrell

269 F. Supp. 716 · District Court, S.D. New York · May 23, 1967

The Court observed that, once the defendant demonstrates that he testified under a grant of immunity: “the federal authorities have the burden of showing that their evidence is not tainted by establishing that they had an … Pappadio, 235 F.Supp. 887 (S.D.N.Y.1964), aff’d, 346 F.2d 5 (2d Cir. 1965) (prosecution following grant of immunity), wherein it is stated that: “[t]he burden would be on the Government to prove, clearly and convincingly,

Hamlett v. Srivastava

496 F. Supp. 2d 325 · District Court, S.D. New York · Jul 20, 2007

immunity. … Here, it is undisputed that the established administrative remedies of the IGRC were available to Hamlett at Rikers Island. See Guerrant Dec.

Thomas

District Court, S.D. New York · Sep 23, 2025

Qualified immunity shields government officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … judgment on qualified immunity grounds is inappropriate.”

Bio-Technology General Corp. v. Genentech, Inc.

886 F. Supp. 377 · District Court, S.D. New York · May 16, 1995

In the patent field, this principle was established in the Handgards I and Handgards II cases, Handgards, Inc. v. … These cases established the recoverability of damages by victims of bad faith patent infringement suits.

Salem v. City Of New York

District Court, S.D. New York · Sep 5, 2019

Out-of-circuit cases are not relevant to the qualified immunity inquiry. Moore v. … Moreover, for the same reasons that the defendants are entitled to qualified immunity on the plaintiff’s substantive due process claim, they are entitled to qualified immunity on the

Fenster v. Leary

264 F. Supp. 153 · District Court, S.D. New York · Feb 13, 1967

He further contends that the statute is repugnant to the thirteenth amendment and denies him the privileges and immunities of citizens of the United States. … The instant case, is clearly distinguishable from Dombrowski and Baggett .

Dillard v. Runyon

928 F. Supp. 1316 · District Court, S.D. New York · Jun 25, 1996

He found that USPS established that it had just cause to remove Dillard because she: (1) violated the terms of her settlement agreement, and (2) failed to call in her absences. (Arb. … The November 6, 1993 Notice of Removal also announced its purpose clearly.