Case law

Dolcine v. Hanson

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

Levy for the general proposition that obedience is an important virtue ofthe military, but that fails to establish that Defendants’ statements qualify as stigmatizing under the relevant standard. … Further, while it is clearly established that charges of criminal conduct qualify as stigmatizing, Quinn, 613 F.2d at 446 n.4, “[a] statement that an employee . . . acted in an improper manner” generally does not qualify

Nunez v. Bentivegna

District Court, S.D. New York · Aug 7, 2024

Qualified Immunity Defendants next argue that they are protected by qualified immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Chance v. Board of Examiners

330 F. Supp. 203 · District Court, S.D. New York · Jul 14, 1971

candidates who have already qualified as licensed teachers. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Hayden v. International Business Machines Corporation

District Court, S.D. New York · Dec 1, 2021

, or other privilege or immunity. … If a Producing Party becomes aware that it has inadvertently produced information or materials that are protected by the attorney-client privilege, work product immunity, or other privilege or immunity

Permanent Mission of the Islamic Republic of Iran to the United Nations v. 1030 Fifth Avenue Corp.

833 F. Supp. 318 · District Court, S.D. New York · Sep 20, 1993

The adverse user in New York bears the burden of establishing adverse use by clear and convincing evidence. Speigel v. … Finally, plaintiff claims that the Residence is reserved for public or governmental purposes and is therefore immune from prescription by adverse use. PI. Prop. Find, at 29.

Ramachandar v. Sobol

838 F. Supp. 100 · District Court, S.D. New York · Oct 15, 1993

The Second Circuit has clearly defined the requirements for a prima facie ease under the Act. … To establish a prima facie violation of § 504, a plaintiff must prove: (1) he is a “handicapped person” under the Rehabili- . tation Act; (2) he is “otherwise qualified” for' the program; (3) he is excluded from benefits

McCray v. Lee

District Court, S.D. New York · Sep 24, 2021

After finding that Plaintiff had failed to establish either prong of his deliberate indifference claim, the Court went on to consider Defendants’ qualified immunity defense. (See id. at 21–23.) … “Qualified immunity shields a defendant from standing trial or facing other burdens of litigation ‘if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the

Martinez v. United States Of America

District Court, S.D. New York · Sep 16, 2021

The doctrine of qualified immunity “entitles public officials to freedom from suit for acts undertaken in their official capacity if (1) their conduct does not violate clearly established constitutional rights, or (2) … Singh, they are not entitled to qualified immunity at this stage.

Vasquez v. Yadali

District Court, S.D. New York · Mar 5, 2020

would still be shielded by qualified immunity. … But even if the law was clearly established, the Represented Defendants would still be entitled to qualified immunity.

In Re Klein's Outlet, Inc.

50 F. Supp. 557 · District Court, S.D. New York · Feb 26, 1942

He qualified October 2, 1941. The debtor filed a petition for an arrangement October 3, 1911. The same day Lipton filed an answer to the involuntary petition denying insolvency. … The papers now before the court do not clearly establish that these proceedings were brought in bad faith to defeat any claim of Rose Klein or Klein’s Outlet, Inc. *560 Since both Rose Klein, as a stockholder, and Lipton,

ABC v. DEF

District Court, S.D. New York · Feb 13, 2020

The Court further held that defendants were not entitled to qualified immunity on these claims because the fundamental rights at issue had been well-established, by a long line of Supreme Court and Second Circuit cases … Accordingly, the Court held, “at the most, qualified immunity would bar liability for a very limited portion of the two periods.” Id.

Trautz v. Weisman

819 F. Supp. 282 · District Court, S.D. New York · Apr 6, 1993

By maintaining the Manor’s status as a DSS-certified Adult Care Facility, its residents qualified for an elevated level of SSI. … Finding that a class of disabled individuals may fall within § 1985(3)’s protective ambit does not clearly run afoul of the statute’s express language or its present parameters.

Dick v. Lederle Antitoxin Laboratories

43 F.2d 628 · District Court, S.D. New York · May 16, 1930

(6) Has infringement been established? … The articles in English mentioned in the answer clearly contain nothing of moment except what was derived from European journals.

Bloomberg L.P. v. Board of Governors of the Federal Reserve System

649 F. Supp. 2d 262 · District Court, S.D. New York · Aug 24, 2009

(i) Board Regulations Establish that Certain Records at the FRBNY are Agency Records of the Board. … Although hardly a model of grammatical clarity, § 261.2(i)(l) certainly establishes criteria for determining which records at FRBs qualify as Records of the Board— viz., records (1) constituting a part of the Board’s official

Duncan v. Sullivan County

District Court, S.D. New York · Mar 2, 2020

Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was ‘clearly established’; and (3) even if the right was ‘clearly

Ivers v. Keene Corp.

148 F.R.D. 91 · District Court, S.D. New York · Mar 15, 1993

The opinions rendered by Keene’s counsel, as well as the underlying facts and information passed to Keene from counsel, are clearly relevant to the central issue of scienter. … Hence, the attorney work-product privilege will not immunize the documents from discovery.

United States v. Olin Ski Co., Inc.

503 F. Supp. 141 · District Court, S.D. New York · Nov 25, 1980

Specifically, the FTC concluded that Olin Ski, in conjunction with some dealers, had attempted “to fix, establish and maintain certain resale or re *143 tail prices at which said products are resold to the general public. … While courts should always strive to find internal consistency when interpreting documents such as this consent order, when none can be found the terms of the most applicable provision clearly must control.

Ballentine v. State of New York

District Court, S.D. New York · Nov 21, 2024

By contrast, to comport with Congress’s Section 5 authority, a plaintiff seeking money damages from the state in federal court under the ADA must “establish that the Title II violation was motivated by discriminatory animus … or ill will based on the plaintiff's disability,” in order to validly abrogate Eleventh Amendment immunity.

Polur v. Raffe

727 F. Supp. 810 · District Court, S.D. New York · Jul 14, 1989

Barr qualified as executors of his estate. The remaining shareholders did not call a meeting to elect a director to replace Kaufman, in violation of the Puccini’s shareholders’ agreement. … Here, Polur’s suits in both the state and federal courts establish a history of vexatious litigation against FKMF and Schneider.

Vaughn

District Court, S.D. New York · Mar 31, 2026

A “qualified individual” is one who “meets the essential eligibility requirements for the receipt of services or the participation in programs or 5 To the extent that Mr. … Vaughn is pleading a Fourteenth Amendment due process violation, he fails to state a claim upon which relief may be granted because the Amended Complaint clearly alleges that he received notice of his termination and had