Case law

Perlman v. Timberlake

172 F. Supp. 246 · District Court, S.D. New York · Mar 26, 1959

The J & L plan at the time in question here qualified under Rule X-16b-3. Before we consider the significance of the opinions in Greene v. … It is only then that the necessity of establishing good faith reliance on the part of the insider comes into play.

Mallet v. Miller

442 F. Supp. 2d 156 · District Court, S.D. New York · Aug 3, 2006

July 20, 2005) (dismissing successive habeas petition that was clearly without merit). … Mallet’s application clearly fails to meet any of these criteria to survive dismissal. First, it does not purport to rely on a new constitutional rule.

Zherka v. Ryan

52 F. Supp. 3d 571 · District Court, S.D. New York · Sep 30, 2014

Defendants are correct in arguing that they are immune from suit in their official capacities. Nevertheless, it is well established that federal officials are not immune when sued in their personal capacities. … His speech, which is directed at reforming government spending, is clearly protected.

Elliott v. British Tourist Authority

172 F. Supp. 2d 395 · District Court, S.D. New York · Apr 30, 2001

Second, he was clearly qualified for the position in that he performed it to BTA’s satisfaction for a num *400 ber of years. 2 Third, his termination obviously qualifies as an adverse employment action. … However, that letter also stated quite clearly that “[T]hese opportunities would be based upon you establishing yourself as a company whose services we would be able to access. In speaking to our.

Casaburro v. Giuliani

986 F. Supp. 176 · District Court, S.D. New York · Sep 29, 1997

Hudson, 503 U.S. at 7 , 112 S.Ct. at 999 (quoting Whitley, 475 U.S. at 321 , 106 S.Ct. at 1085 ), Where wantonness is established, a plaintiff may recover even though he did not suffer serious injury. … Accordingly, they are immune from Plaintiffs action for money damages. Mathis v.

Umhey v. County of Orange, NY

957 F. Supp. 525 · District Court, S.D. New York · Mar 27, 1997

That action merely established his rights and he is free to seek compensation from anyone who has violated those rights. Id., 108 N.Y.S.2d at 135 (emphasis added). … The cases relied upon by the Court in Harborside support a qualified version of this argument. For example, the Eighth Circuit held in Minneapolis Auto Parts Co. v.

Grogan v. Blooming Grove Volunteer Ambulance Corp.

917 F. Supp. 2d 283 · District Court, S.D. New York · Jan 22, 2013

Plaintiff also relies on several cases from other jurisdictions that found a private entity was a state actor, based on facts clearly distinguishable from the case at bar. See, e.g., Rodriguez v. … City of Chicago, 82 F.Supp.2d 836, 840-41 (N.D.Ill.1999) (finding paramedics employed by municipality qualify as state actors); Eggert v. Tuckerton Vol. Fire Co.

Phillips v. City of New York

230 F.R.D. 369 · District Court, S.D. New York · Aug 12, 2005

On this basis, the Court does not find the Order to be either clearly erroneous or contrary to law. See Weiss v. … as readily establish the requested facts.”).

Helen-May Holdings, LLC v. Geltzer

456 B.R. 185 · District Court, S.D. New York · Aug 2, 2011

Initially, Helen-Máy moved for the Bankruptcy Court to qualify Griffin as an expert testimony or a lay witness. Id. at 11 . … The Bankruptcy Court’s finding of *191 facts are reviewed under a clearly erroneous standard. In re Momentum Mfg.

Scott v. Westchester County Jail

District Court, S.D. New York · Jan 22, 2020

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. … “The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3) even if the right was ‘clearly

Bastek v. Federal Crop Insurance

975 F. Supp. 534 · District Court, S.D. New York · Aug 28, 1997

The relevant portion of the Reorganization Act provides that “[njotwithstanding any other provision of law, a person shall exhaust all administrative appeal procedures established by the Secretary or required by law before … Plaintiffs first argument seems somewhat misplaced, as the Government’s assertion of immunity is premised not on finality, but rather on the broader principle of exhaustion.

Schramm v. City Of New York

District Court, S.D. New York · Dec 11, 2019

An officer has qualified immunity against a claim of false arrest if it was “objectively reasonable for [him] to believe that his action did not violate” clearly established law. Kent, 312 F.3d at 573. … Finn, Note, Qualified Immunity Formalism: "Clearly Established Law" and the Right to Record Police Activity, 119 Colum.

Bradford v. Chase Nat. Bank of City of New York

24 F. Supp. 28 · District Court, S.D. New York · Jul 18, 1938

The burden of proving sovereign immunity is necessarily laid on the party who asserts it. … Thus the status of the Philippine Commonwealth as a sovereign is established without recourse to the suggestion of the Secretary of War. *38 F.

Munoz v. The City of New York

District Court, S.D. New York · Nov 1, 2021

immunity. … to, the plaintiff[], could conclude that it was objectively unreasonable” for the defendants to believe that their conduct would not violate a clearly established federal right.

Westchester Day School v. Village of Mamaroneck

363 F. Supp. 2d 667 · District Court, S.D. New York · Apr 1, 2005

The three affirmative defenses included in defendants' original Answer are: (1) the Complaint fails to state a claim upon which relief could be granted; (2) defendants are entitled to qualified and/or absolute immunity; and … Moreover, the Amended Complaint clearly indicates that WDS’s proposed modifications would benefit both the school’s religious and secular programs. (Am.

Figueiredo Ferraz Consultoria E Engenharia De Projeto Ltda. v. Republic of Peru

655 F. Supp. 2d 361 · District Court, S.D. New York · Sep 8, 2009

Under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq. … See Noga, 361 F.3d at 687 (“Numerous other courts have assumed without discussion that governmental departments or ministries ... qualify as political subdivisions of a foreign state under the FSIA.”

Okafor v. New York State Insurance Fund

District Court, S.D. New York · Aug 8, 2025

The plaintiff alleges that he was well qualified for the position. Id. ¶ 113. … NYSIF’s sovereign immunity is well-established. See Perry v. State Ins. Fund, 83 F.

Evoung

District Court, S.D. New York · Mar 3, 2026

A claim is “frivolous when either: (1) the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy; or (2) the claim is based on an indisputably meritless legal theory. … But a violation of those statutes does not, without more, establish a constitutional violation. See Fierro v. N.Y.C. Dep’t of Educ., 994 F.

United States v. Teyer

322 F. Supp. 2d 359 · District Court, S.D. New York · Apr 29, 2004

Upivard Departure The evidence that establishes Torres-Teyer’s leadership also establishes that he played a substantial role in the importation of vast amounts of cocaine, far more than the amount required to qualify him … The Sentencing Commission clearly did not design its narcotics table with persons like Aguirre in mind.

Williams v. McCausland

791 F. Supp. 992 · District Court, S.D. New York · Apr 27, 1992

However, Brown is immune from claims that she violated the Inspector General Act under the doctrine of sovereign immunity. Under this doctrine, the United States may not be sued for damages without its consent. … Thus, absent an “unequivocal” waiver of sovereign immunity, the United States is immune from lawsuits. United States Dep’t of Energy v. Ohio, — U.S. -, 112 S.Ct. 1627 , 118 L.Ed.2d 255 (1992); United States v.