Case law

Cerbone v. County of Westchester

508 F. Supp. 780 · District Court, S.D. New York · Feb 18, 1981

extends to a prosecutor falsifying evidence, suborning perjury, 8 and withholding evidence. 9 Similarly, a prosecutor’s actions before a grand jury are clearly “intimately associated with the judicial phase” of the criminal … proceeding and with “the course of a prosecution” and thus are immune from § 1983 liability. 10 Accordingly, the claims against Vergari are dismissed.

Fullard v. City of New York

274 F. Supp. 2d 347 · District Court, S.D. New York · Jun 19, 2003

In the first stage of the McDonnell Douglas analysis, the plaintiff must establish a prima facie case of discrimination by showing (1) that he is within a protected group. (2) that he was qualified for the job at issue, ( … One can imagine an employment action that is clearly discriminatory but affects the nature *355 of the job only marginally.

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 .

Hameed v. Pundt

964 F. Supp. 836 · District Court, S.D. New York · May 20, 1997

immunity; and (4) Hameed has neither alleged nor proven that defendants Dole or Kelly were personally involved in the alleged unconstitutional charges. … Conclusory, vague and general allegations are insufficient to establish that defendants conspired to violate his constitutional rights. See Leon v. Murphy, 988 F.2d 303, 311 (2d Cir.1993); Ostrer v.

Mejia v. County of Rockland

District Court, S.D. New York · May 13, 2024

to participate in Drug Court despite being otherwise qualified for Drug Court.” … State Univ. of New York, 900 F.2d 587, 594 (2d Cir. 1990), and “it is well-established that New York has not consented to § 1983 suits in federal court,” Mamot v. Bd. Of Regents, 367 F.

German v. Pena

88 F. Supp. 2d 216 · District Court, S.D. New York · Mar 10, 2000

His supervisor allegedly told him he was not qualified for the GS-12 position, and plaintiff was notified by letter dated May 25, 1994 that he was not selected for this position. … Fulfillment of such requirements is necessary to overcome the strictures of sovereign immunity, which dictates that the United States cannot be sued without its consent. See Dillard v.

Humble Oil & Refining Co. v. Local Union 866

321 F. Supp. 374 · District Court, S.D. New York · Sep 29, 1970

To be qualified for rehire is to be qualified for the assignment for which the rehire is being made. Id. at 38-39 . … While looking to many sources for guidance as to the proper interpretation, his opinion clearly shows that the award “draws its essence from the collective bargaining agreement.”

Nasdaq Stock Market, Inc. v. Archipelago Holdings, LLC

336 F. Supp. 2d 294 · District Court, S.D. New York · Sep 15, 2004

On October 25, 2001, the SEC approved Pacific’s proposal to establish ArcaEx as the new electronic trading facility of PCXE. … There is no basis to find that the securities laws immunize defendants against claims such as these brought pursuant to the Lanham Act.

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.”

Launois v. Midland-Ross Corp.

751 F. Supp. 452 · District Court, S.D. New York · Nov 23, 1990

In furtherance of the express terms of the 1987 Plan, Launois’ credible testimony establishes that he was one of the key corporate executives qualified to “materially influence the annual financial results” of his employer … The $360,000 payment clearly was not a stay-pay package or an arrangement comparable thereto.

Alexander v. City of New York

District Court, S.D. New York · Nov 8, 2019

“Qualified immunity establishes a defense for a government actor acting in his official capacity.” Dufort v. City of New York, 874 F.3d 338, 354 (2d Cir. 2017). … If Defendants had established arguable probable cause for detaining Plaintiff after the money was found, the ensuing search also might have been protected by qualified immunity. See, e.g., Mastromonaco v.

In Re Grand Jury Subpoena Duces Tecum Dated May 9, 1990

741 F. Supp. 1059 · District Court, S.D. New York · Jun 20, 1990

Movant established by affidavit that the subpoenaed materials were personal to him and that the tape recordings were made after the termination of his employment with the corporation. … (argument clearly wrong to extent non-immunized source will exist and contents themselves equal non-immunized evidence of their own existence), prosecution may prove difficult if not impossible in that the government will

Cliff's Notes, Inc. v. Bantam Doubleday Dell Publishing Group, Inc.

718 F. Supp. 1159 · District Court, S.D. New York · Aug 4, 1989

The Court has some question, however, as to whether or not the Spy Notes actually qualify as a parody. … A product that clearly parodies another will dispel any possible consumer confusion.

Cox v. Pennsylvania R. Co.

72 F. Supp. 278 · District Court, S.D. New York · Jul 31, 1947

It is well established that resort may be had to the doctrine of forum non conveniens and jurisdiction may be declined by the court only in exceptional circumstances. As was said by Mr. … The plaintiff was a resident of that city, while the defendant was a Pennsylvania corporation qualified to do business in both Virginia and New York. The action was brought in the Southern District of New York.

Alfa Corp. v. OAO Alfa Bank

475 F. Supp. 2d 357 · District Court, S.D. New York · Feb 21, 2007

In this respect, this case is clearly distinguishable from the third decision cited by the defendants, Loussier v. Universal Music Group, Inc., No. 02 Civ. 2447, 2005 U.S. Dist. LEXIS 37545 at *14-15 (S.D.N.Y. … It is a well-established principle that expert testimony that merely states a legal conclusion will be excluded. See Andrews v.

Pemberton v. City of New York

District Court, S.D. New York · Aug 2, 2021

Summary judgment may be granted on the basis of qualified immunity only if the facts necessary to find qualified immunity are undisputed. Sloley v. … VanBramer, 945 F.3d 30, 44 (2d Cir. 2019) (remanding for trial including on the issue of qualified immunity where a fact central to a finding of qualified immunity was in dispute); Gatling v. West, 850 F.

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.

J-Quan Johnson v. City Of New York

District Court, S.D. New York · Mar 23, 2022

Qualified Immunity Defendants next argue that the force shown in the videos is subject to qualified immunity. … Further, Johnson argues that qualified immunity is an affirmative defense that defendants bore the burden of establishing at trial, typically through the use of special interrogatories submitted to the jury.

Downey v. Adloox Inc.

238 F. Supp. 3d 514 · District Court, S.D. New York · Feb 28, 2017

“But,” the Court continued, “the plain language of § [623(h)(2) ] is not necessarily decisive if it is inconsistent with Congress’ clearly expressed legislative purpose.” Id. … Compl. ¶¶ 22-23), and Ad-loox’s arguments to the contrary (for example, that certain executives do not qualify as “employees” (Defs.’ Reply 5)) turn on facts outside the Complaint.

Crisonino v. New York City Housing Authority

985 F. Supp. 385 · District Court, S.D. New York · Nov 18, 1997

The mere existence of sexual harassment complaint procedures does not immunize defendant. Reed v. A.W. Lawrence & Co., Inc., 95 F.3d 1170, 1180-81 (2d Cir.1996). … “Clearly, just because Congress says that an activity affects interstate commerce does not make it so.”