Case law

Sompo Japan Insurance Co. of America v. Norfolk Southern Railway Co.

891 F. Supp. 2d 489 · District Court, S.D. New York · Sep 4, 2012

Under plaintiffs’ argument, though, a rail carrier qualifies as the “Carrier” because it is categorized as an “Underlying Carrier.” … Co. on identical grounds in response to the same argument by plaintiff Nipponkoa and concluding that “the rule against stipulations of immunity is not contravened by a clause that creates no immunity”).

Committee for Public Education & Religious Liberty v. Levitt

414 F. Supp. 1174 · District Court, S.D. New York · Jun 21, 1976

constitutes compulsory taxation for the support of religion and religious schools. 7 Defendants, for their part, argue that the statute does not offend the Constitution because reimbursement is limited to services which are clearly … In order to continue to qualify as institutions providing an educational alternative to public schools, the private school beneficiaries must continue to comply with the state’s reporting and testing requirements.

Mateo v. Westchester County

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

It is well settled, the doctrine of qualified immunity shields government officials from civil liability when “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the … The qualified immunity inquiry consists of three prongs: “(1) whether plaintiff has shown facts making out violation of a constitutional [or statutory] right; (2) if so, whether that right was clearly established; and (3

Moreno v. United States

965 F. Supp. 521 · District Court, S.D. New York · May 28, 1997

Once challenged, the burden of establishing a federal court’s subject matter jurisdiction over a matter rests on the party asserting jurisdiction. Id. … Nov.19, 1996) (case dismissed for lack of subject matter jurisdiction and no genuine issue of fact exists as to whether Government was responsible for repairing a defective sidewalk because contract clearly indicated that

Civil Rights Corps. v. Cushman

District Court, S.D. New York · May 5, 2022

they engaged in protected speech; and (4) that the City Defendants are protected by qualified immunity because their conduct did not violate a clearly established constitutional right. … For the reasons explained above, the Court will not assess the qualified immunity argument at this time. a.

3086 Purchase LLC v. The Town/Village of Harrison, et al.

District Court, S.D. New York · May 11, 2026

First, they forget that they did not raise any qualified immunity defense in their motion to dismiss. See generally ECF No. 38. … Second, the Town Defendants also forget that Defendant Germani did not even raise a qualified immunity defense in his Answer. See ECF No. 29 at 12-13.

Caldwell v. Officer German Geronimo

District Court, S.D. New York · Aug 27, 2021

Qualified Immunity Defendant argues, in the alternative, that he is entitled to qualified immunity because “it is not clearly established that taking a resisting and non- compliant … Consequently, the Court declines to grant Defendant summary judgment based on a qualified immunity defense.

Peck v. United States

514 F. Supp. 210 · District Court, S.D. New York · May 1, 1981

Co., 86 F.R.D. 603, 637 (D.D.C.1980) (establishing guidelines for resolution of privilege claims); In re Penn Central Commercial Paper Litigation, 61 F.R.D. 453, 463 (S.D.N.Y.1973) (attorney client privilege). … It clearly emphasizes the warnings given to Rowe to avoid violence and represents that the Task Force was concerned about the oversight exercised by Rowe’s handling agents, especially regarding the May 14, 1961 incident,

City of New York v. Permanent Mission of India to the United Nations

533 F. Supp. 2d 457 · District Court, S.D. New York · Feb 8, 2008

India and Mongolia then moved to dismiss on the ground that they were immune from this Court’s jurisdiction under the Foreign Sovereign Immunities Act of 1976 (“FSIA”), 28 U.S.C. § 1602 et seq. … While New York courts are not wholly immune to such legerdemain, see Ass’n of the Bar v.

United States v. Wessel, Duval & Co.

115 F. Supp. 678 · District Court, S.D. New York · Sep 29, 1953

This theory cannot be established. The case cited in support of it, United States v. The Thekla, 266 U.S. 328 , 45 S.Ct. 112 , 69 L.Ed. 313 , is inapplicable. … Even if the classification is so limited, however, I think that the cross-claims here asserted qualify for inclusion. Eastern Transportation Co. v. United States, 2 Cir., 159 F.2d 349 .

Vega v. Civil Service Commission, City of New York

385 F. Supp. 1376 · District Court, S.D. New York · Dec 3, 1974

Clearly, the Commission in the instant case has discovered no fact not known prior to appointment. Plaintiff’s age and military service were plainly and accurately stated on his application. … The situation would have been wholly different if the Commission’s error had related to a qualification established by statute rather than by Commission regulation.

GMAM Investment Funds Trust I v. Globo Comunicacoes E Participacoes S.A. (In Re Globo Comunicacoes E Participacoes S.A.)

317 B.R. 235 · District Court, S.D. New York · Nov 17, 2004

establish Globopar’s eligibility to serve as a debtor under Section 109. … The Supreme Court held that the adversary proceeding did not offend the state’s sovereign immunity because the bankruptcy court never sought to assert jurisdiction over the state agency, and did not need to do so in order

Forts v. Malcolm

426 F. Supp. 464 · District Court, S.D. New York · Feb 1, 1977

This Court is not convinced that the plaintiffs have established probable success or serious questions going to the merits where their claims that they are subject to institutional practices which violate the clearly established … Thus, there seem to be no physical constraints: the size of the room is clearly more than sufficient to handle the average of “20 visitors a day” who come to the “closed” visit facility.

Pan-Am Trade & Credit Corp. v. Campfire

64 F. Supp. 179 · District Court, S.D. New York · Dec 13, 1945

In the years between the Brussels Convention and the United States Carriage of Goods by Sea Act, other nations had taken legislative action for the purpose of establishing world-wide uniformity in bills of lading for the … It fixes the irreducible minimum of immunity of the carrier from liability.”

Ransom v. C.O. Bank

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

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 person would have … Even where the official violates a clearly established right, the defense of qualified immunity is nevertheless available if “it was ‘objectively reasonable’ for [the official] to believe that his actions were lawful at

Guan v. City of New York

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

> Alternatively, the Officer Defendants are entitled to qualified immunity. … “An officer is entitled to qualified immunity against a suit for false arrest if he can establish that he had ‘arguable probable cause’ to arrest the plaintiff.” Garcia y.

Schneider v. Bahama Cruise Line, Inc.

664 F. Supp. 80 · District Court, S.D. New York · May 22, 1987

The railroad, a defendant in the action, moved to strike plaintiff’s jury demand on the ground that the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602-11 , protects instrumentalities of a foreign state from … Section 1332(a)(2) establishes diversity jurisdiction in actions between "citizens of a State and citizens or subjects of a foreign state.”

Asamera (South Sumatra) Ltd. v. Tesoro Petroleum Corp.

807 F. Supp. 1165 · District Court, S.D. New York · Dec 9, 1992

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … the arbitrators must be well defined, explicit, and clearly applicable.

United States v. ANACONDA WIRE & CABLE COMPANY

342 F. Supp. 1116 · District Court, S.D. New York · May 22, 1972

refusal to withhold the reward altogether from a qualified informer. … What is necessary in order for an informer to “qualify,” and the amount of the reward, are separate matters.

Murawski v. Pataki

514 F. Supp. 2d 577 · District Court, S.D. New York · Sep 26, 2007

Section 230(c) thus immunizes internet service providers from defamation and other, non-intellectual property, state law claims arising from third-party content. See Gucci Am., Inc. v. … Google, Inc., 422 F.Supp.2d 492, 501 (E.D.Pa.2006) (holding that “there is no doubt that Google [another internet search engine] qualifies as an ‘interactive computer service’ ”).