Case law

Doherty v. Bice

District Court, S.D. New York · Sep 16, 2020

Florida, 517 U.S. 44, 54, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (“For over a 1 Defendants also argue that they are entitled to qualified immunity. … Monetary Damages and Sovereign Immunity Regarding ADA Claims As discussed above, it is well-established that § 1983 was not intended to abrogate a state’s sovereign immunity. Mamot, 367 F. App'x at 192.

Vaughn v. Mobil Oil Corp.

708 F. Supp. 595 · District Court, S.D. New York · Mar 17, 1989

CBS, Inc., 652 F.Supp. 1023 , this Court held that in order to make out a prima facie case in a reduction-in-force case, plaintiffs must establish that: (1) they are within the protected class; (2) they were qualified to … The plaintiffs clearly are of the race and age the statutes seek to protect. 10 Plaintiffs also have established the second element necessary for a prima facie case since defendant concedes that plaintiffs were qualified

Grimes v. Fremont General Corp.

785 F. Supp. 2d 269 · District Court, S.D. New York · Mar 31, 2011

In addition to these requirements, the creditor is required to “clearly and conspicuously disclose” this rescission right. Id. … See Ng, 2010 WL 889256 , at *8 (concluding that § 1635 was inapplicable to a transaction that “clearly qualifies as a ‘residential mortgage transaction’ ” because “it [was] undisputed that the two mortgages entered into by

Special Pros. of NY v. United States Atty. for SDNY

375 F. Supp. 797 · District Court, S.D. New York · May 13, 1974

the party defendant by the plaintiff is clearly not the test of wheth *802 er a suit is against an officer individually or against his principal. … They clearly fail to provide any jurisdictional basis for the case at bar.

Xerox Corp. v. Media Sciences, Inc.

609 F. Supp. 2d 319 · District Court, S.D. New York · Mar 30, 2009

Rather, in substance, the provision is a conditional covenant-not-to-sue, conditioned on Media Sciences’s ability to establish through the arbitral process a fact that would likely be relevant under § 2 of the Sherman Act … Also, as previously stated, it is not lost on the Court that the mutually — agreed upon arbitration establishes a fact — whether Media Sciences’s ink sticks continue to cause “failures or material problems” in Xerox printers

McGriff v. Superintendent Keyser

District Court, S.D. New York · Oct 12, 2021

Defendants Are Entitled to Qualified Immunity The Second Circuit has instructed that “[t]he issues on qualified immunity are: (1) whether Plaintiff has shown facts making out [a] violation of … a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3) even if the right was ‘clearly established,’ whether it was ‘objectively reasonable’ for the officer to believe the conduct at issue

Adekalu v. New York City

431 F. Supp. 812 · District Court, S.D. New York · May 11, 1977

Defendant argues that the trial judge’s denial of the defendant’s motion to suppress establishes as a matter of law the officers’ good faith in conducting that was later found to be an illegal search. … For example, a claim for damages based on enforcement of an allegedly unconstitutional municipal statute would clearly implicate the municipality; if the municipality seeks to condemn property it has also acted in a sufficiently

CAE Industries Ltd. v. Aerospace Holdings Co.

116 B.R. 31 · District Court, S.D. New York · May 15, 1990

The standard used by many courts in making determinations as to the scope of a stay is: if an extension of the stay “would work a hardship on plaintiffs, by giving an unwarranted immunity from suit to solvent co-defendants … The defendant would have this court interpret Bilzerian’s situation as qualifying him for the “unusual circumstances” doctrine of the decision in A.H. Robins Co. v.

Echevarria v. Carey

402 F. Supp. 183 · District Court, S.D. New York · Aug 29, 1975

It impermissibly deprives a substantial number of qualified voters from participating in the primary election of their designated party; it penalizes those persons who have traveled from one place to another to establish … day of the election qualified to vote at the election for which such registration is made.

Giuffre v. Maxwell

165 F. Supp. 3d 147 · District Court, S.D. New York · Feb 29, 2016

Vetting may make claims more or less likely to be true, but lack thereof does not alone establish falsity. … claim of qualified privilege may be rebutted”).

Lasker v. Burks

426 F. Supp. 844 · District Court, S.D. New York · Jan 7, 1977

Clearly, then, under Fogel it was proper for them to determine what the Fund’s posture would be. … It is therefore incumbent upon the plaintiffs to establish that the minority directors actions lacked independence. Marco v. Bank of New York, supra.

Families for Freedom v. U.S. Customs & Border Protection

797 F. Supp. 2d 375 · District Court, S.D. New York · Jun 16, 2011

including the attorney-client privilege and the attorney work-product doctrine. 54 “The test under Exemption 5 is whether the documents would be ‘routinely’ or ‘normally’ disclosed upon a showing of relevance.” 55 “Whether its immunity … “First, whereas Exemption 6 requires that the invasion of privacy be ‘clearly unwarranted,’ the adverb ‘clearly’ is omitted from Exemption 7(C) ...

Staley v. Grady

371 F. Supp. 2d 411 · District Court, S.D. New York · May 4, 2005

James, 13 F.3d 515, 519 (2d Cir.1993) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”); Brown v. … Because Grady is being sued solely in his official capacity, absolute and qualified immunity are not applicable to the present case. See Smith v. Gribetz, 958 F.Supp. 145, 155 (S.D.N.Y.1997) (Conner, J.)

Nauta v. City of Poughkeepsie, NY

610 F. Supp. 980 · District Court, S.D. New York · Jun 10, 1985

B) The second cause of action alleges that Nauta possessed a protected property interest in being re-hired upon the opening of a position for which he was qualified. … The defendants’ argument that they are immune from suit in their individual capacities is not addressed because we dismiss the federal claims on the merits.

Kinzler v. New York Stock Exchange

62 F.R.D. 196 · District Court, S.D. New York · Jan 24, 1974

Hence, it is argued, he fails to qualify as a representative of a class who could fairly and adequately represent the class, and the individual action should be dismissed or summary judgment awarded. … constituted a group boycott for the benefit of Merrill Lynch which is a violation of the Sherman Act per se; that even if the regulatory powers given to the Exchange under the Securities Exchange Act of 1934 to some extent immunize

Osuan v. New York City Department of Buildings

District Court, S.D. New York · Jun 20, 2019

Qualified Immunity Martin and McGowan assert that they are entitled to qualified immunity in their capacity as government officials. … “[I]n evaluating a qualified immunity defense, courts must examine two factors: (1) whether the plaintiff has made out a violation of a constitutional right; and (2) whether that right was clearly established at the time

Reeber v. Rossell

106 F. Supp. 373 · District Court, S.D. New York · Jul 3, 1952

Another section of the 1943 regulations, by providing a method for choosing between veterans in the course of a reduction in force, clearly recognized that a veteran did not have an absolute right to be retained. 16 Consequently … The head of each department or establishment shall determine the organization units and classes in which the contemplated reduction in force is to be made.

Menon v. Esperdy

248 F. Supp. 261 · District Court, S.D. New York · Nov 15, 1965

Similarly, to restore relators in the instant case to the “status quo” would be to send them to Switzerland as opposed to Turkey, a nexus to the former country having been clearly established from the following facts as revealed … See International Organizations Immunities Act of 1945, 59 Stat. 669 . We need not decide here what reasons compelled officials at the United Nations to reach their decision. No basis appears, moreover, to inquire.

Balde v. Basso

District Court, S.D. New York · May 23, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … the probable cause test was met,” Figueroa, 825 F.3d at 100, Officers Macewen, Duke and Williams have not established that they are entitled to summary judgment based on qualified immunity for the March 26, 2014 arrest

Dunn v. Sears

561 F. Supp. 2d 444 · District Court, S.D. New York · Jun 18, 2008

The Prosecutor refused to accept the document, unless Dunn signed a full waiver of immunity, and the judge presiding over the Grand Jury (the “Grand Jury Judge”) ruled that Dunn could not qualify his waiver. … To succeed on habeas, the petitioner must show that the state court’s decision on the merits “was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court