Case law

Pascuiti v. New York Yankees

87 F. Supp. 2d 221 · District Court, S.D. New York · Dec 8, 1999

Issues Relating to Title II The anti-discrimination provision of Title II of the ADA states: Subject to the provisions of this sub-chapter, no qualified individual with a disability shall, by reason of such disability, be … 2) suggest a plausible method of making the Stadium readily accessible, the costs of which, facially, do not clearly exceed its benefits.

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). .

Katz v. Molic

128 F.R.D. 35 · District Court, S.D. New York · Oct 6, 1989

The Report carefully evaluates § 1983 case law as to what constitutes a “constitutional deprivation” and whether defendants are entitled to qualified immunity. … Clearly then, the Magistrate could dismiss for failure to state a claim upon defendants’ motion for summary judgment.

Tasfay v. Ramos

District Court, S.D. New York · Feb 14, 2022

The First Amendment Claim is Dismissed Plaintiffs’ First Amendment claim must be dismissed because Defendant DiSalvo is protected by the doctrine of qualified immunity. … “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable

Citicorp v. Interbank Card Ass'n

478 F. Supp. 756 · District Court, S.D. New York · Oct 3, 1979

Consequently, there are exceptions to the rule that resort to governmental bodies is conduct immune from antitrust attack. … It is common knowledge that any establishment issuing travelers checks intends its checks to be readily and freely passable from one person to another as money.

Hill v. Taconic Developmental Disabilities Services Office

181 F. Supp. 2d 303 · District Court, S.D. New York · Jan 4, 2002

Since the jury may credit plaintiffs version of events and conclude that disciplinary charges against Hill were retaliatory, “good faith” qualified immunity cannot attach. Weyant v. … Taconic DDSO has immunity against the state claims under N.Y. Executive Law § 296 . b.

Kanderskaya v. City of New York

11 F. Supp. 3d 431 · District Court, S.D. New York · Apr 9, 2014

City of New York, 879 F.2d 1025, 1032 (2d Cir.1989). 1 Moreover, where probable cause does not exist, an arresting officer enjoys qualified immunity from suit if there is “arguable probable cause to arrest,” that is, if the … Defendants argue that they should be immune from suit, because they were required to arrest Kanderskaya under New York state law, see N.Y.

United States v. Certain Lands in Town of Highlands

47 F. Supp. 934 · District Court, S.D. New York · Dec 7, 1942

Yates, who (sic) I personally conside'r to be the best qualified appraiser of land in this area.” … Two of the commissioners were lawyers and as such by training largely immunized to oratorical display and verbal exhibitionism.

Mandelblatt v. Perelman

683 F. Supp. 379 · District Court, S.D. New York · Apr 5, 1988

Plaintiff’s consent clearly extended only to hearing procedures conducted in good faith. … This freedom, however, arises not under the rubric of consent, but under that of qualified privilege.

Canales-Jacobs v. NEW YORK STATE OFFICE OF COURT ADMINISTRATION

640 F. Supp. 2d 482 · District Court, S.D. New York · Aug 5, 2009

The State has not waived immunity or consented to being sued in federal court. Title I does not abrogate the sovereign immunity enjoyed by the State of New York or its agencies and officials. … Under the McDonnell Douglas framework, a plaintiff bears the initial burden of establishing a prima facie case of discrimination. Reeves v.

Gordon v. Resor

323 F. Supp. 268 · District Court, S.D. New York · Sep 3, 1970

qualified as a conscientious objector until he read the decision of the United States Supreme Court in Welsh v. … Clearly, a reservist could not sit on his beliefs so crystallized, until the latest possible moment and then assert them.

Mukadam v. US DEPT. OF LABOR, ETC.

458 F. Supp. 164 · District Court, S.D. New York · Oct 13, 1978

In those cases, the courts properly confined themselves to ruling on the narrower ground that an employer's interest is clearly protected by the statute and left open the question whether the alien's interest alone was sufficient … If the only objection to the decision of the Certifying Officer were a dispute as to whether "many" or "several" workers were already available, we would dismiss Mukadam's claims as clearly unpersuasive in light of the narrow

WPIX, INC. v. Ivi, Inc.

765 F. Supp. 2d 594 · District Court, S.D. New York · Feb 22, 2011

Third, the rules and regulations of the FCC, even if found not to be binding on a service such as ivi, are integral to the statutory licensing scheme established in 1976. a. … The Office elaborated that while CBC was working to ensure “massive signal security,” it could not “immunize the system from the potential pitfalls of a distribution model that essentially relies on the Internet.” Id.

Goodsons & Co., Inc. v. Federal Republic of Nigeria

558 F. Supp. 1204 · District Court, S.D. New York · Mar 7, 1983

Section 1605(a)(2) of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1602 et seq., provides that immunity will not be afforded to the foreign sovereign where it is based upon an act “outside the territory of the … At the direction of the Nigerian government, the Central Bank of Nigeria established an irrevocable, transferrable documentary letter of credit dated July 14, 1975 with Morgan as advising bank and for the benefit of Decor

Green v. Kadilac Mortgage Bankers, Ltd.

936 F. Supp. 108 · District Court, S.D. New York · Jul 31, 1996

Plaintiffs were clearly afforded due process on the issue of whether the sale of the property should be delayed until after plaintiffs’ appeal was completed. … Absolute immunity will attach to such individuals unless they perform acts that are clearly outside the scope of their authority. See Brown, 905 F.Supp. at 75 .

Issac v. City of New York

701 F. Supp. 2d 477 · District Court, S.D. New York · Mar 22, 2010

To establish a prima facie case of employment discrimination under the ADEA, the plaintiff must show “(1) that [he] was within the protected age group, (2) that [he] was qualified for the position, (3) that [he] experienced … Because all claims are dismissed pursuant to Rule 56, I need not reach the issues of whether defendant Coughlin is entitled to qualified immunity and whether the New York City DOC can be held liable for actions of its employees

Angel Music, Inc. v. ABC Sports, Inc.

609 F. Supp. 764 · District Court, S.D. New York · May 22, 1985

While Congress has not made statutory determinations as to the scope of the word “cases” in Article III, it had directly addressed the issue of who qualifies as a “person” subject to federal jurisdiction, id. at 15-16 , 96 … Howard, 427 U.S. 1 , 96 S.Ct. 2413 , 49 L.Ed.2d 276 (1976) (pendent party jurisdiction over county immune to suit under § 1983 and as to which there was no *767 independent basis of jurisdiction inappropriate in civil rights

Burnett v. Al Baraka Inv. & Dev. Corp.

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.

Alicea v. The City of New York

District Court, S.D. New York · Mar 31, 2020

Alicea cannot establish liability under § 1983; (3) Officer Harrison is protected by qualified immunity; (4) Mr. … A defendant is entitled to qualified immunity if (1) his or her conduct did not violate clearly established law, or (2) it was objectively reasonable for him or her to believe that the

Kushneir v. Esposito

District Court, S.D. New York · Sep 30, 2019

The Court, therefore, holds that, “for qualified immunity purposes, the officers” did not “invad[e] Plaintiffs’ clearly established rights of association, assembly, and free exercise, as they were executing . . . order[ … Mar. 29, 2019) (“Defendants are entitled to qualified immunity because it was not clearly established that an order temporarily banning demonstrators from a densely crowded sidewalk violated the First Amendment.”).