Case law

O'DONNELL v. Pennsylvania R. Co.

122 F. Supp. 899 · District Court, S.D. New York · Jul 21, 1954

The evidence clearly established that the defendant habitually participated in the movement of interstate shipments of freight and that the plaintiff customarily assisted as a locomotive fireman in those movements. … If any qualified physician can be an employee, this doctor was.

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.

Hupart v. Bd. of Higher Ed. of City of New York

420 F. Supp. 1087 · District Court, S.D. New York · Aug 17, 1976

It was the task of the Policy and Planning Committee to set admission “policies,” leaving the establishment of “procedures” to the Admissions Committee. … The remaining 1250 applications were screened by two three-member subcommittees of the Admissions Committee to eliminate “clearly unqualified” applicants.

McCoy v. Goord

255 F. Supp. 2d 233 · District Court, S.D. New York · Mar 25, 2003

As with the defense of official immunity, see Mitchell v. … Empire Blue Cross Blue Shield, 152 F.3d 67, 74-75 (2d Cir.1998) (citing cases determining, from the allegations of the complaint or attachments, defenses of the statute of frauds, qualified immunity, res judicata, and statute

Estes-El v. State of NY

552 F. Supp. 885 · District Court, S.D. New York · Dec 29, 1982

Defendants deny many of plaintiff’s allegations and invoke the good faith immunity of those government employees exercising discretionary functions. … The New York ECL does not “clearly establish” that ECOs are without the power to arrest those committing infractions in their presence without a warrant.

In re Omeprazole Patent Litigation

227 F.R.D. 227 · District Court, S.D. New York · Feb 25, 2005

Block’s testimony on the subject concerning the disputed questions is relevant and is not protected by attorney-client privilege or subject to work product immunity. … However, as previously stated, the Special Master clearly cited authority supporting his holding that Eon’s conduct was improper.

Farah v. Emirates

District Court, S.D. New York · Mar 31, 2024

In order to qualify for the “unforeseeable business circumstances” exception, Emirates must establish the layoffs were caused by “the occurrence of some sudden, dramatic, and unexpected action or condition outside of … establishing entitlement to either notice exception.

Hoffman v. City College of New York

District Court, S.D. New York · Mar 30, 2021

Supp. 2d 344, 346-48 (S.D.N.Y. 2005) (granting school district’s motion to dismiss where plaintiff-teacher did not take a test established by the state education department; plaintiff was “not a qualified individual because … All that [a plaintiff] must do at the motion to dismiss stage is plead the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.” Limauro v. Consol.

Gilinsky v. Columbia University

62 F.R.D. 178 · District Court, S.D. New York · Feb 11, 1974

Columbia University, 73 Civ. 2687 (December 26, 1973), in which the time requirements of Local Rule 11A were strictly applied, the proviso for exercise of discretion by the court in subdivision (d) of the rule clearly anticipates … EEOC complaints to the state agency is mandated by the statute (42 U.S.C. § 2000e-5(b)), but the continued pen-dency of agency proceedings does not deprive an individual of the statutory right to sue within the time frame established

Epstein v. Kalvin-Miller International, Inc.

100 F. Supp. 2d 222 · District Court, S.D. New York · Jun 21, 2000

Weisenseel’s use of the word “other” clearly sheds light on the words that precede it. … Here, the Court finds that plaintiff is clearly disabled within the meaning of the NYHRL.

Krandle v. Refuah Health Center, Inc.

District Court, S.D. New York · Mar 12, 2024

It is also “well established that an affirmative defense of official immunity may be resolved by Rule 12(b)(6) if clearly established by the allegations within the complaint[.]” Liberian Cmty. Ass’n of Conn. V. … Nevertheless, the statement that certification is not “necessary” for substitution clearly implies that there are other, sufficient mechanisms to do so. Hui does not say what those mechanisms are.

Bowne of New York City, Inc. v. AmBase Corp.

150 F.R.D. 465 · District Court, S.D. New York · Jun 3, 1993

The rule defines a qualified immunity from discovery for documents “prepared in anticipation of litigation or for trial.” … immunity that is claimed.

Medina v. City Of New York

District Court, S.D. New York · Nov 30, 2020

defendants seeking to dismiss a claim on the basis of qualified immunity defendants must show that “facts establishing arguable probable cause are ‘clear from the face of the [complaint].’” Lumpkin v. Brehm, 230 F. … Because the right to be free from false arrest is clearly established, the issue of qualified immunity “turns on” whether it was “objectively reasonable” for defendants to believe that probable cause existed.

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’ ”).

Vett v. City Of New York

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

While “qualified immunity should be resolved at the earliest possible stage in litigation . . .. there is an obvious, ifrarely expressed, corollary to that principle: The immunity question cannot be resolved before the … immunity.

Leary's Case

15 F. Cas. 106 · District Court, S.D. New York · Jan 15, 1879

The governors of these States were the representatives of the sovereignty of the States, so far as it still existed in a qualified form. … The thirteen States thereby became one nation, in all parts of whose territory the citizens of each were to have the rights and immunities of citizens of that common country, and were not to be in any of the States in the

United States v. Easson

18 F. 590 · District Court, S.D. New York · Jun 22, 1883

In my judgment the words of section 3982, “by regular trips or at stated periods,” apply to and qualify the first clause of that section, as well as the second. … or at stated periods.” *591 There is no doubt, upon the evidence, that' the defendant has established or made provision for the conveyance of letters or packets.

Caleb & Co. v. E.I. DuPont De Nemours & Co.

624 F. Supp. 747 · District Court, S.D. New York · Oct 31, 1985

Caleb urges that the additional words underlined above establish DuPont’s absolute duty to pay prior to the stockholder meeting for any Conoco shares accepted in exchange for cash. … Moreover, the press releases clearly distinguish between the company’s prompt payment obligations for the two types of acceptances.

Civil Rights Corps. v. Cushman

District Court, S.D. New York · Jun 13, 2022

Government officers acting under the color of state law are entitled to qualified immunity for actions taken in the course of performing official duties if they did not violate a clearly established … Thus, Defendants are not entitled to qualified immunity for the adverse actions at issue here.

Colon v. Apfel

133 F. Supp. 2d 330 · District Court, S.D. New York · Mar 7, 2001

Observations and reports of teachers and school nurses are considered excellent sources of information, “and should always be sought for school age children,” for they “establish a longitudinal picture that cannot be established … Clearly, Congress has the right to qualify the entitlements it provides, and clearly Congress has done so.