Case law

Nguyen v. Department of Corrections & Community Services

169 F. Supp. 3d 375 · District Court, S.D. New York · Mar 11, 2016

Pall Corp., 897 F.Supp.2d 121, 131 (E.D.N.Y.2012) (dismissing the plaintiffs failure-to-promote claim “because he has not met his prima facie burden of establishing he was qualified for [the relevant] position” (italics omitted … Apr. 2, 2012) (“The [plaintiffs subjective belief that she was more qualified ... is insufficient to establish pretext.”); Subramanian v. Prudential Sec., Inc., No. 01-CV-6500, 2003 WL 23340865 , at *9 (E.D.N.Y.

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.

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

Seidemann v. Professional Staff Congress Local 2334

District Court, S.D. New York · Jan 10, 2020

The Court merely held that qualified immunity would not offer that protection. … Br. 19), Owen discusses whether municipalities are entitled to qualified immunity (and discusses such immunity prior to the Supreme Court’s retooling of the entire qualified immunity doctrine in Harlow), see 445 U.S. at

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.

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.

Holden v. The Port Authority of New York and New Jersey

District Court, S.D. New York · Feb 22, 2021

Qualified immunity protects government officials performing discretionary functions, such as arrests, “from liability for civil damages insofar as their conduct does not violate clearly established … a statutory or constitutional right,” and then determine if “the right was ‘clearly established’ at the time of the challenged conduct.”

Molyneux v. Arthur Guinness & Sons, P.L.C.

616 F. Supp. 240 · District Court, S.D. New York · Jun 28, 1985

such benefits, is not sufficient to show establishment of a plan or program. … Molyneux clearly takes the position that the policy was a uniform one for AGS and AGS subsidiaries, so that service in any subsidiary or in AGS itself is relevant.

Enterprise Products Operating, L.P. v. Enron Gas Liquids Inc. (In Re Enron Corp.)

306 B.R. 33 · District Court, S.D. New York · Feb 17, 2004

EGLI argues that "the fact that a corporation may qualify for the constitutional material-man’s lien on materials supplied does not establish that corporations can qualify for an artisan's lien.” EGLI App. … Clearly, the court in Meyers was not attempting to define the word "artisan,” but was simply explaining what relief is available to one already deemed an artisan. 55 .

Federal National Mortgage Ass'n v. Lefkowitz

390 F. Supp. 1364 · District Court, S.D. New York · Feb 12, 1975

Furthermore, Congress has exempted FNMA from having to qualify to do business in any state, 12 U.S.C. § 1723a(a), and has cloaked FNMA with immunity from state taxation (with the exception of real estate taxes), 12 U.S.C. … Were such a rule clearly established in New York case law, we would be dealing here, as in Anderson National Bank v.

Persaud v. McSorley

275 F. Supp. 2d 490 · District Court, S.D. New York · Aug 4, 2003

immunity and (4) the Court lacks subject matter jurisdiction over plaintiff M. … Persaud’s conviction in the Fishkill Justice Court of the charge of passing a red light establishes that there was a legitimate basis for issuance of the ticket. We conclude therefore that M.

Matter of Thornton

560 F. Supp. 183 · District Court, S.D. New York · Mar 9, 1983

Although immunity was granted pursuant to 18 U.S.C. §§ 6002 and 6003, Ms. Thornton refused to comply with the subpoena or with an order of this Court directing her to do so. … United States, 250 U.S. 273, 281 , 39 S.Ct. 468, 471 , 63 L.Ed. 979 (1919): “[I]t is clearly recognized that the giving of testimony and the attendance upon court or grand jury in order to testify are public duties which

Suttell v. Manufacturers Hanover Trust Co.

793 F. Supp. 70 · District Court, S.D. New York · Mar 23, 1992

The Supreme Court has established a three-step inquiry applicable to both Title VII and age discrimination claims. 4 First, the plaintiff must establish a prima facie case of discrimination, by showing that (1) he was a member … With regard to the elements required for a plaintiff to establish a prima facie case of discrimination, it is undisputed that Suttell was a member of a protected class, that he was qualified for the position from which he

Samuels v. Selsky

446 F. Supp. 2d 243 · District Court, S.D. New York · Aug 23, 2006

Addressing the same contention, the Second Circuit determined that it merited little discussion because, even if the issue were resolved in Samuels’s favor, Defendants would be entitled to summary judgment on a theory of qualified … immunity.

Manolov v. Borough of Manhattan Community College

952 F. Supp. 2d 522 · District Court, S.D. New York · Feb 26, 2013

Although Manolov contends that “[t]he facts alleged in the complaint clearly show that the College violated both” Title VI and Title IX, (Opp. … These “threadbare recitals” and conclusory allegations of discrimination are insufficient to establish liability. Iqbal, 556 U.S. at 678 , 129 S.Ct. 1937 .

In Re Complete Management Inc. Securities Litigation

153 F. Supp. 2d 314 · District Court, S.D. New York · Mar 30, 2001

Read most generously to defendants, the prospectus at most establishes that there is the unlikely contingency that some small part of the receivables might not be collectible. This cannot qualify as a storm warning. … Additionally, the allegations in this complaint clearly establish plaintiffs' position that the fraud could not have been identified earlier because GMMS was a privately-held corporation nearly wholly owned by Defendant Larry

LNC Investments, Inc. v. First Fidelity Bank

247 B.R. 38 · District Court, S.D. New York · Apr 11, 2000

Congress’s purpose in enacting Chapter 11 was “to establish a preference for reorganizations, where they are legally feasible and economically practical.” In re Baker & Drake, Inc., 35 F.3d 1348, 1354 (9th Cir.1994). … The use of collateral to keep a business operating qualifies as an administrative expense. See In re J.F.K.

Gelb v. American Telephone & Telegraph Co.

813 F. Supp. 1022 · District Court, S.D. New York · Feb 26, 1993

The language in Nordlicht is clearly dicta, because the court dismissed the claim for failure to adequately allege fraud. … The Court took issue with the petitioners’ view that the issue at stake in Keogh and Square D could be characterized as the defendants’ “immunity.”

Condit v. Dunne

317 F. Supp. 2d 344 · District Court, S.D. New York · Apr 27, 2004

Such statements are immune from defamation actions. … These statements enjoy no special First Amendment immunity from plaintiffs action for slander.

Banco De Santander Central Hispano, S.A. v. Consalvi International Inc.

425 F. Supp. 2d 421 · District Court, S.D. New York · Mar 30, 2006

Moreover, the legislative history clearly indicates Congress’s intent to regulate foreign commerce in enacting Chapter 2. S.Rep. … The parties should meet and establish an appropriate briefing schedule and submit it to the Court. SO ORDERED. 1 .