Case law

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.”

Vaher v. Town of Orangetown

133 F. Supp. 3d 574 · District Court, S.D. New York · Sep 23, 2015

, may assert personal immunity defenses.... ” Hafer, 502 U.S. at 25 , 112 S.Ct. 358 . … Second, Nulty cannot be held liable on grounds of absolute immunity.

Roman v. City of Mount Vernon

District Court, S.D. New York · Jul 19, 2022

“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 rights of which a reasonable person … Given that “qualified immunity is not only a defense to liability, but also provides immunity from suit,” a court should resolve a “defendant’s entitlement to qualified immunity . . .

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.

Cutler-Hammer, Inc. v. Standard Relay Corp.

328 F. Supp. 868 · District Court, S.D. New York · Dec 8, 1970

The tests and their results must be approved by the Government Qualifying Agency which administers the specification, and, qualification is only established upon the Agency’s approval of the tests and results. E. … The defendants admit that the military standards and Army-Navy standards established under MIL-R-6106C cannot be applied to surplus relays which have not been qualified to such standards if the relays are intended for use

United States ex rel. Lee Kum Hoy v. Shaughnessy

123 F. Supp. 674 · District Court, S.D. New York · Aug 31, 1954

If the facts established a deliberate use of the blood test technique to exclude Chinese and admit others similarly qualified except for race, the discrimination would clearly be unconstitutional. … Relators allege deliberate use of the blood test technique to exclude Chinese and admit others similarly qualified except for race.

Corsini v. Bloomberg

26 F. Supp. 3d 230 · District Court, S.D. New York · May 15, 2014

employment, business, or career was threatened, where such conduct consisted of appearing, telephoning, or initiating communication or contact at such person’s place of employment or business, and [Plaintiff] was previously clearly … “The immunity to which a state’s official may be entitled in a § 1983 aetion depends initially on the capacity in which he is sued.

Moore v. City of New York

District Court, S.D. New York · Jul 10, 2024

Qualified Immunity The Court declines to adjudicate the assertions of qualified immunity by the NYCH+H Defendants and City Defendants at this stage. … “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable

Kirsh v. United States

131 F. Supp. 2d 389 · District Court, S.D. New York · Jul 10, 2000

Subject Matter Jurisdiction It is well established that under the doctrine of sovereign immunity, no person may sue the federal government absent its consent to be sued. See F.D.I.C. v. … Here, the IRS clearly rejected plaintiffs’ original Form 1045 claim on the ground that it was untimely. (See Serpe Decl. Ex. 1, ¶ 8.)

Amaker v. Haponik

198 F.R.D. 386 · District Court, S.D. New York · Dec 22, 2000

The only discernible fact that the plaintiff provides in support of this allegation concerns a rough search conducted at Clinton in which he “was clearly made aware by C.O. … It is clearly not the case that “there is no district in which the action may otherwise be brought.” 28 U.S.C. 1391(b)(3).

Joseph v. Annucci

District Court, S.D. New York · Jan 23, 2020

Qualified Immunity Defense Defendants argue that Defendant Elberth should be entitled to the defense of qualified immunity. … As such, “qualified immunity shields both state and federal officials from suit unless [1] the official violated a statutory or constitutional right that [2] was clearly established at the time of the challenged conduct

Markham v. United States

245 F. Supp. 505 · District Court, S.D. New York · Jun 30, 1965

L) In 1958, the second level of progress towards the completion of study at NPAP to qualify a student as a psychoanalyst, was “matriculation.” … Carlucci, 37 T.C. 695 (1962) is clearly distinguishable from the Namrow case.

United States v. Haim

218 F. Supp. 922 · District Court, S.D. New York · Jul 8, 1963

In effect, she claims that she should not have been compelled to testify in the absence of a “waiver of immunity.” … , immunity may be conferred.

Michael A. Johnson v. The City of New York, et al.

District Court, S.D. New York · Sep 5, 2025

Even if they did not, the Defendant Officers would still be entitled to qualified immunity because “it was ‘objectively reasonable’ for [the officer] to believe [their] actions were lawful at the time of the challenged … Accordingly, the Defendant Officers are entitled to qualified immunity.

Merritt-Chapman & Scott Corp. v. Public Utility District No. 2 of Grant County, Washington

207 F. Supp. 443 · District Court, S.D. New York · Jul 19, 1962

All of the above clearly point to the fact that Public Utility District #2 was and is to be considered a political subdivision of the State. … We are, of course, quite able to say that certain functions exercised by a ' city are clearly governmental — that is, lie upon the nearer side of the line — while others are just as clearly private or corporate in character

Stamey v. NYP Holdings, Inc.

358 F. Supp. 2d 317 · District Court, S.D. New York · Feb 24, 2005

In establishing whether or not Plaintiff was “otherwise qualified” to perform his job at the Post, plaintiff bears the burden of production and persuasion with respect to whether he is otherwise qualified. … . *328 Plaintiff has therefore failed to establish that he was a “qualified individual” as defined by the ADA.

Cannon v. New York City Police Department

District Court, S.D. New York · Oct 27, 2020

To determine whether a defendant is entitled to qualified immunity, a court must determine: “(1) whether plaintiff has shown facts making out [a] violation of a constitutional right; (2) if so, whether that right was ‘clearly … established’; and (3) even if the right was ‘clearly established,’ whether it was “objectively reasonable” for the officer to believe the conduct at issue was lawful.”

State Division of Human Rights v. Ozone Industries, Inc.

610 F. Supp. 438 · District Court, S.D. New York · Feb 27, 1985

To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection. … Defendants have clearly met their burden.

Everett v. Riverside Hose Company No. 4, Inc.

261 F. Supp. 463 · District Court, S.D. New York · Oct 17, 1966

in said Company and declaring: that said rejection was wrongful, void and illegal; that plaintiff should be and is a duly elected member of said Company; and ordering defendant, its officers and members, to confirm and establish … Sillcox, 297 N.Y. 355 , 79 N.E. 2d 440 (1948)), if the alleged discriminatory practices were written into the constitution or by-laws they would clearly be wholly void and without effect.