Case law

McManus v. Doubleday & Co., Inc.

513 F. Supp. 1383 · District Court, S.D. New York · May 28, 1981

Clearly, real violence is a substantial focus of the subchapter, and it would not be unreasonable for an average reader to take the “homicidal tendencies” statement in the same light. … Judge Friendly recently noted that, “[a]s would be natural in a case establishing a new principle, the Edwards opinion did not attempt precise definition of its contours.

Tin Pan Apple, Inc. v. Miller Brewing Co., Inc.

737 F. Supp. 826 · District Court, S.D. New York · May 14, 1990

Parody, then, qualifies generally as fair use in copyright law. … And I conclude that a work, clearly copied from a protected work (as I am bound to regard the defendants’ work at bar) must be a valid parody if it is to qualify even for consideration as an example of fair use under § 107

Doe v. Helen Hayes Hospital

District Court, S.D. New York · Dec 16, 2024

Likewise, there was no purpose in considering Plaintiff’s arguments concerning qualified immunity. … Second Sanctions Br. at 6-10), which forms the basis for her argument that the qualified immunity defense is frivolous.

REA Express, Inc. v. Alabama Great Southern Railroad Co.

343 F. Supp. 851 · District Court, S.D. New York · Jun 5, 1972

A sinking fund was established for the purpose of paying interest and principal on the notes into which REA undertook to pay each year an amount equal to 10% of its net income for the year. … creditor railroads in exchange for the Non-Negotiable Debt and held that this was “necessary and appropriate for and consistent with the proper performance by it of service to the public as a common carrier. . . . ” This is clearly

Dominicus Americana Bohio v. Gulf & Western Industries, Inc.

473 F. Supp. 680 · District Court, S.D. New York · Jul 11, 1979

The plaintiffs include one individual and a number of corporations, all affiliated in an endeavor to establish hotel and condominium accommodations there. … Such governmental actions, however, are said to be immune from judicial scrutiny.

Yung v. Walker

143 F. Supp. 2d 262 · District Court, S.D. New York · Apr 17, 2001

of state substantive law is immune from review in the federal courts”). … Therefore, the Court need not split hairs as to whether the mother of a defendant's child qualifies as his "family."

Hamm v. City University of New York

District Court, S.D. New York · Aug 5, 2020

Congress has clearly stated its intent to abrogate the sovereign immunity of the States under Title II of the ADA. 42 U.S.C. § 12202 (“A State shall not be immune under the eleventh amendment to the Constitution of the … Congress clearly expressed an intent to “condition acceptance of federal funds on a state’s waiver of Eleventh Amendment immunity,” through Section 2000d-7 of Title 42, which provides that the “State shall not be immune

Pena v. Kissinger

409 F. Supp. 1182 · District Court, S.D. New York · Mar 2, 1976

Plaintiff makes no contention that her husband is not subject to this statute, or that he is qualified for such a certifica *1184 tion by the Secretary. … It clearly imposes a severe burden of proof on the plaintiff, which may account for Mrs. Pena’s failure to explicitly invoke it here.

Van Aalten v. Hurley

176 F. Supp. 851 · District Court, S.D. New York · Jul 30, 1959

Plaintiff makes no attempt to controvert the pertinent facts set forth to establish the defense under § 23(a) of the Act. … Counsel for the corporation are an established and eminent firm of lawyers of the very highest repute with recognized experience in corporate law.

Gist v. Summers

District Court, S.D. New York · Feb 24, 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. … “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

Rivera v. Town of New Fairfield

District Court, S.D. New York · Oct 10, 2023

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

Campbell v. City of Yonkers

District Court, S.D. New York · Sep 16, 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

TPO Inc. v. Federal Deposit Insurance

325 F. Supp. 663 · District Court, S.D. New York · Apr 23, 1971

Since the Bank is a national banking association and is located, as specified in its charter, in Eatontown, New Jersey, it clearly is amenable to suit only in New Jersey under this Section. See Leonardi v. … Annot., Waiver by National Bank of Statutory Right to be Sued in District Where Established or in Which it is Located, 1 A.L.R.3d 904 (1965). .

McGuire v. United States Postal Service

749 F. Supp. 1275 · District Court, S.D. New York · Nov 2, 1990

The United States, as sovereign, enjoys a general immunity from suit and may only be sued to the extent that it has waived its immunity. … “Judicial claims which serve to amplify, clarify, or more clearly focus earlier EEO complaints are appropriate.

Zeigler v. New York State Department of Corrections and Community Supervision

District Court, S.D. New York · Sep 20, 2024

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Sept. 17, 2013) (denying to apply qualified immunity where the defendant “only include[d] the legal standard for establishing qualified immunity and, in a conclusory manner, state[d] that the claims ... are subject to dismissal

Stein v. McGraw-Hill, Inc.

782 F. Supp. 207 · District Court, S.D. New York · Jan 8, 1992

His supervisors clearly expressed dissatisfaction with his work during the last three years of his employment, regardless of how they evaluated him ten years earlier. … The Court in essence has upheld the defendant’s contention by finding that Stein was not qualified for his job in that his productivity was insufficient.

Karp v. Hill & Knowlton, Inc.

631 F. Supp. 360 · District Court, S.D. New York · Mar 25, 1986

In reversing a district court decree in the plaintiff’s favor, a Circuit Court had found that the evidence in the copyright action had established beyond question that the plaintiff had not written the contested song. … Industry executives reading the newsletter would clearly have understood Whitbread’s statements as a defensive salvo in this ongoing battle.

Phillips v. Smith

485 F. Supp. 1365 · District Court, S.D. New York · Mar 13, 1980

The established principle of implied jury bias is founded in English common law and has been adopted by American courts. … Accordingly, the Court finds that Juror Smith was not qualified to sit as a juror because of implied bias and should have been removed from the panel of jurors.

Rothman v. City of New York

District Court, S.D. New York · May 5, 2020

immunity. … Rothman can only obtain summary judgment on his constitutional claims if it is undisputed that Wunsch’s actions “violated clearly established rights of which an objectively reasonable official would have known.”

Kayo v. Mertz

District Court, S.D. New York · Mar 31, 2021

Qualified Immunity An officer is entitled to qualified immunity if “arguable probable cause” existed—i.e., if “a reasonable police officer in the same circumstances and possessing … Palazzola is entitled to qualified immunity on the false arrest claim, he is entitled to qualified immunity on the failure to intervene claim relating to the false arrest.