Case law

United States v. Fuller

149 F. Supp. 2d 17 · District Court, S.D. New York · May 3, 2001

This was clearly a material breach of the agreement. … It is a well-established principle that a federal prosecution does not bar a subsequent state prosecution of the same person for the same acts, and a state prosecution does not bar a federal one.

In Re New York City Municipal Securities Litigation

507 F. Supp. 169 · District Court, S.D. New York · Jan 25, 1980

The underwriters cannot claim a “derivative immunity” such as that afforded underwriters under § 12(2) of the 1933 Act. … This conclusion undermines the holding of Aldinger to the extent that municipalities are no longer wholly immune from suit under § 1983.

Hausler v. JP Morgan Chase Bank, N.A.

127 F. Supp. 3d 17 · District Court, S.D. New York · Aug 4, 2015

In or about 1970, certain Cuban exiles here in Miami established the Nicolas S. … So they established this Foundation to make that happen. (Id. at 10-11.)

Banco Nacional De Cuba v. First National City Bank of NY

270 F. Supp. 1004 · District Court, S.D. New York · Jul 20, 1967

The ultimate legal issues on the first claim are clearly drawn. … This position is, of course, flatly inconsistent with the sovereign immunity argument.

Valentine v. Standard & Poor's

50 F. Supp. 2d 262 · District Court, S.D. New York · Jun 24, 1999

Watson, alleging that Watson’s actions clearly revealed him to be a “homophobic [who] hates homosexuals.” (Id.) … that he was qualified to, perform the essential functions of his job.

Fernandez v. O'Neill

District Court, S.D. New York · Jul 24, 2020

Qualified Immunity Defendants contend that they are entitled to qualified immunity on all of plaintiff’s claims. … “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established

Noroozi v. Napolitano

905 F. Supp. 2d 535 · District Court, S.D. New York · Nov 14, 2012

First, the Government notes that CIS’s decision to revoke the visa initially granted to Noroozi is immune from judicial review. … In addition to this shortcoming, Noroozi did nothing to establish that the publications in which these articles appeared had the requisite level of circulation to qualify as either “a major trade publication or major media

Sassone v. Quartararo

598 F. Supp. 2d 459 · District Court, S.D. New York · Feb 18, 2009

Personal Involvement and Qualified Immunity of Individual Defendants Defendants contend that Reidy and DeAlleaume should be dismissed from the action on grounds that Plaintiffs fail to allege that Reidy and DeAlleaume were … Defendants further argue that all three Individual Defendants are entitled to qualified immunity from suit. (Id. 23-25.)

Lewis v. Westchester County

District Court, S.D. New York · Aug 30, 2023

Qualified Immunity “Qualified immunity shields police officers acting in their official capacity from suits for damages . . . unless their actions violate clearly-established … “The Supreme Court has established a two-part inquiry to determine when a district court should hold that the doctrine of qualified immunity bars a suit against government officials: (1) the court must first consider whether

Roman v. City of Mount Vernon

District Court, S.D. New York · Dec 18, 2023

Qualified Immunity Alternatively, Defendants maintain that Hylton and Cerqua are entitled to qualified immunity as to Plaintiff’s false arrest claim. (Defs.’ Mem. 12–13.) … A police officer or other government official will be protected from liability for his discretionary actions by the doctrine of qualified immunity “where ‘(1) his conduct does not violate clearly established statutory or

United States v. International Business Machines Corp.

66 F.R.D. 154 · District Court, S.D. New York · Jun 27, 1974

First, with respect to CS & M I & II, Turner clearly stated that he specifically requested that these task forces be established. 19 It seems odd indeed that Mr. … Accordingly, the masters’ basic finding that OBP was established by counsel for counsel must be rejected. Therefore, findings 19 and 21 are rejected as clearly erroneous. Since H. A.

In Re September 11 Litigation

621 F. Supp. 2d 131 · District Court, S.D. New York · Jul 16, 2009

The Aviation Defendants argue also that their defense of derivative immunity requires introducing evidence of government knowledge. … Just as government agents enjoy immunity from suit under the Federal Tort Claims Act for exercising “discretionary functions,” 28 U.S.C. § 2680 , the Aviation Defendants claim that they also should receive derivative immunity

Johnson v. Nyack Hospital

169 F.R.D. 550 · District Court, S.D. New York · Dec 17, 1996

The HCQIA gave qualified immunity from suit to officials who conduct peer reviews that meet the standards outlined in the statute. … First, the findings accompanying the statute clearly show that Congress looked at a variety of ways to give doctors protection and incentives to participate in peer review programs. Id. § 11101.

Lucien v. Williams

District Court, S.D. New York · Mar 27, 2023

Qualified Immunity Defendants argue that the doctrine of qualified immunity independently bars Plaintiff’s Eighth and Fourteenth Amendment claims. … The doctrine of qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Abusikin v. City of New York

District Court, S.D. New York · Mar 11, 2021

Immunity Defendants raise two issues of immunity: qualified immunity regarding the federal claims against Lolja, and governmental immunity regarding the state … Qualified immunity shields public officials performing discretionary functions from federal civil liability to the extent that their conduct does not violate clearly established statutory or constitutional rights of which

Bruce v. Christian

113 F.R.D. 554 · District Court, S.D. New York · Nov 25, 1986

Plaintiffs seek class-wide structural relief that would clearly redound to the benefit of each class member. Marcera v. … The Court determined that defendants had not procedurally waived either attorney-client privilege or work product immunity. .

Stahl v. State of NY

520 F. Supp. 221 · District Court, S.D. New York · Aug 19, 1981

Petitioner was granted immunity and testified before the grand jury on September 19 and November 15, 1977. … Clearly the Judge could not testify whether petitioner and Paperno had discussed a payoff for a favorable decision or that because of petitioner’s failure to make good Paperno had been marked lousy at the courthouse.

Newman v. Pershing & Co., Inc.

412 F. Supp. 463 · District Court, S.D. New York · Apr 4, 1975

. § 220.4 (c), immune from any liability to a broker-dealer who seeks to recover all or part of the market loss on a transaction in which the broker-dealer failed to deliver or liquidate within the time limitation specified … Defendants clearly come within the definition of “creditor” contained in Section 2(b) of Regulation T, and plaintiff qualifies as a “customer” under Section 2(c) thereof. 2 .

Jackson v. Downstate Correctional Facility

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

Qualified Immunity Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Qualified Immunity Defendants claim that they are entitled to qualified immunity because they did not violate any clearly established law.

Haughey v. County of Putnam

District Court, S.D. New York · Mar 29, 2020

Qualified Immunity “A government official is entitled to immunity from suit whenever (1) his conduct did not violate clearly established law, or (2) it was objectively reasonable … Accordingly, because Plaintiff’s allegations raise a plausible inference of objectively unreasonable misconduct violating clearly established law, Johnson cannot invoke qualified immunity at this stage of the proceedings