Case law

Morrissey v. City of New York

963 F. Supp. 270 · District Court, S.D. New York · May 2, 1997

Moreover, plaintiff is unable to meet all of the requirements necessary to establish municipal liability under Walker . … This is quite clearly not a choice for which defendant Alvarez needed to be trained because it is not a “difficult” one as defined by the Second Circuit. See id. at 297 .

Resolution Trust Corp. v. Diamond

137 F.R.D. 634 · District Court, S.D. New York · Jul 3, 1991

Deliberative-Process Privilege For the qualified deliberative-process privilege to be invoked, a document must be both “predecisional” and “deliberative.” Hopkins v. … Moreover, the deliberative-process privilege is a qualified privilege.

Maldonado v. Town Of Greenburgh

District Court, S.D. New York · Jul 9, 2025

Oct. 2, 2023) (“Because ‘a similar doctrine [to qualified immunity] exists under New York common-law,’ if Defendants are ‘entitled to qualified immunity under federal law, summary judgment would be similarly appropriate … Nov. 29, 2022) (“Where qualified immunity applies to a plaintiff’s Section 1983 Fourth Amendment excessive force claim, it also applies to her analogous New York State law assault and battery claims.”

United States Steel Corp. v. United States

305 F. Supp. 508 · District Court, S.D. New York · Jul 1, 1969

Establishment of a specific external qualifying factor is a prerequisite to relief. III. … The burden is on the taxpayer to establish that its claim of abnormality during the base period years qualifies for relief within the meaning of the statute. *516 2.

U.S. Ship Management, Inc. v. Maersk Line, Ltd.

188 F. Supp. 2d 358 · District Court, S.D. New York · Feb 13, 2002

Because Maersk was a foreign corporation, it did not qualify as a United States citizen as defined in Section 2 for the purposes of the MSP. … While the record does not clearly establish how extensive or substantial were Harper’s posW.997 business activities and consulting services pertaining to the containership industry, it does refute USSM’s contention that Harper

Tse v. New York University

190 F. Supp. 3d 366 · District Court, S.D. New York · Jun 6, 2016

Accordingly, on May 20, 2016, Defendant filed the instant Motion in Limine to Exclude Economic Damages, Reinstatement and Any Argument That Plaintiff Was Qualified for Another Job (“Motion in Li-mine”). … The Court is not persuaded that the cases put forth by NYU establish that Dr. Tse is not entitled to back pay, reinstatement, or front pay because she was receiving SSDI and/or LTD payments.

United States v. General Electric Company

358 F. Supp. 731 · District Court, S.D. New York · May 8, 1973

They operate stores or other establishments. … Clearly, the 1949 decision did not turn on res judicata, as that term is used here.

Stenson v. Blum

476 F. Supp. 1331 · District Court, S.D. New York · Sep 18, 1979

These regulations clearly contemplate that state Medicaid payments to a terminated recipient must be reinstated if, but only if, the recipient requests a hearing within ten days of the mailing of notice of termination by … Such notification qualifies as a report indicating changes in the individual’s circumstances within the meaning of 42 C.F.R. § 435.916 (c) (1978). 24 .

Tanvir v. Lynch

128 F. Supp. 3d 756 · District Court, S.D. New York · Sep 3, 2015

The TSC itself has found that “many” of these thousands of individuals were placed on the No Fly List even though they did not qualify.' ¶ 48. … established,” id. at 51; see also Defs.

Goonan v. Federal Reserve Bank

916 F. Supp. 2d 470 · District Court, S.D. New York · Jan 7, 2013

Legal Standard “A plaintiff suing under the ADA for disability discrimination bears the burden of establishing a prima facie case. … It is enough for the plaintiff to suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.

Chen-Oster v. Goldman, Sachs & Co.

293 F.R.D. 557 · District Court, S.D. New York · Oct 15, 2013

In order to provide additional guidance to the parties for the remainder of discovery, a brief discussion is warranted regarding what qualifies as a “gender-related” complaint. … These names, they argue, are needed to ob *565 tain anecdotal evidence from potential witnesses that can be used to establish common questions of law or fact at the class certification stage, establish pretext at the merits

W. M. C. A., Inc. v. Simon

202 F. Supp. 741 · District Court, S.D. New York · Jan 11, 1962

Green clearly concluded that jurisdiction existed but that the complaint should be dismissed for want of equity. … If suffrage was one of these privileges or immunities, why amend the Constitution to prevent its being denied on account of race, &c?

Omnipoint Communications, Inc. v. Common Council of City of Peekskill

202 F. Supp. 2d 210 · District Court, S.D. New York · May 14, 2002

Specifically, Omnipoint argues that clearly established New York law prohibits a zoning board from withholding, denying or conditioning a special permit based on extrinsic matters beyond its purview. … Through its persistent evasive conduct, its disregard of clearly established New York law and its partisan statements and actions, the Common Council has relinquished its right to seek further review of Omnipoint’s application

Deniran v. Museum of Modern Art

District Court, S.D. New York · Aug 1, 2022

Compl. { 9 (alleging that MoMA terminated Plaintiffs employment on October 21, 2021). 3 Plaintiff raises the additional objection that “[d]ismissal for failure to state a claim on qualified immunity grounds is generally … The Court does not address this objection because Defendants’ motion does not contain any reference to qualified immunity.

Marisol A. by Next Friend Forbes v. Giuliani

929 F. Supp. 662 · District Court, S.D. New York · Jun 18, 1996

Plaintiffs’ Federal Constitutional Claims 42 U.S.C. § 1983 establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States. § 1983 is, … Clearly, the state is required to protect children in its custody from physical injury.

Hekmat v. U.S. Transportation Security Administration

247 F. Supp. 3d 427 · District Court, S.D. New York · Mar 29, 2017

We agree. 5 Under the traditional doctrine of sovereign immunity, the United States is immune from suit unless it has waived immunity. Coulthurst v. United States, 214 F.3d 106, 108 (2d Cir. 2000). … The TSA’s oversight and hiring procedures also clearly involve matters of public policy.

Droplets, Inc. v. ETrade Financial Corp.

939 F. Supp. 2d 336 · District Court, S.D. New York · Apr 4, 2013

However, I cannot yet conclude whether Defendants are immune from suit. … category and the record establishes Citgo is a customer or client of [the signatory].”).

Giano v. Sullivan

709 F. Supp. 1209 · District Court, S.D. New York · Mar 13, 1989

immunity. … could therefore properly invoke the defense of qualified immunity.

O'Diah v. Yogo Oasis

954 F. Supp. 2d 261 · District Court, S.D. New York · Jul 22, 2013

To establish a prima facie case, an employee must show that: (1) he was within the protected class; (2) he was qualified for the position he held; (3) he was subjected to an adverse employment decision or discharge; and ( … Prima Facie Case O’Diah’s evidence clearly is sufficient to establish a prima facie case of discrimination at the first step of the McDonnell Douglas analysis.

Solar Turbines Inc. v. S.S. "Al Shidadiah"

575 F. Supp. 939 · District Court, S.D. New York · Nov 14, 1983

The instant ease presents a slightly different twist because the enclosure here does not clearly involve packaging as does a crate, metal box, or wooden skid. … Each document cited by defendant clearly states that a trailer-enclosed generator unit is being shipped, not a crate, container, or other packaged item.