Case law

Harper v. New York City Housing Authority

673 F. Supp. 2d 174 · District Court, S.D. New York · Nov 6, 2009

Defendants argue that in order for a plaintiff to make out a prima facie case of retaliation under the FMLA, a plaintiff must establish that: (1) she exercised rights protected under the FMLA; (2) she was qualified for her … Although Harper certainly would be required at some point in this litigation to explain how she can be qualified for her job at the same time that she is qualified for disability benefits, plaintiff need not establish that

Aurecchione v. Falco

District Court, S.D. New York · Sep 25, 2023

In the alternative, the County Defendants argue they are entitled to qualified immunity because they had “arguable probable cause” to arrest Plaintiff. (Id. at 21–22.) … (Id.) 7 The County Defendants argue the right at issue is not “clearly established” and thus qualified immunity protects them from liability. (Cnty Mem. at 18–19.)

In re Buspirone Patent Litigation

210 F.R.D. 43 · District Court, S.D. New York · Aug 19, 2002

The Court must also find that the party qualifies under one of the three sets of criteria set forth in Rule 23(b)(1), (2), or (3). See Amchem Products, Inc. v. … For direct purchasers of buspirone seeking to establish violations of §§ 1 or 2 of the Sherman Act on the basis of the conduct alleged in the First Amended Class Action Complaint, common issues of fact and law also clearly

United States v. City of Yonkers

592 F. Supp. 570 · District Court, S.D. New York · Aug 22, 1984

The rulings that follow establish that the Attorney General has properly brought this case against all defendants. … Franks, Albemarle Paper, and Occidental establish that all Title VII proceedings promote the public interest.

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.

Howard v. Town of Bethel

481 F. Supp. 2d 295 · District Court, S.D. New York · Mar 28, 2007

bars plaintiffs’ claims against the Town Board members; (3) the doctrine of qualified immunity bars plaintiffs claims against the Planning Board members; and (4) plaintiffs’ First and Fourteenth Amendment claims fail on … Clearly, the waiver of consultant fees and exemption from permitting requirements may rationally be applied preferentially to nonprofit organizations established for the benefit of the public.

Knox Ex Rel. Estate of Ellis v. Palestine Liberation Organization

442 F. Supp. 2d 62 · District Court, S.D. New York · Jul 11, 2006

By their default in this action, the well-pleaded allegations of the Complaint are established as true (see Complaint passim), and Defendants’ liability under the ATA has been established as a matter of law. … Leslye Knox and Jordan Ellis clearly qualify as Aharon’s heirs. Jordan is Aharon’s biological son. At the time of his murder in 2002, Aharon, a United States citizen, was domiciled in Israel.

Padro v. Vessel Charters, Inc.

731 F. Supp. 145 · District Court, S.D. New York · Feb 28, 1990

Sections 741 and 742 of the SIAA establish the first part of the test — the United States’s consent to the lawsuit under the present facts. Williams, supra, 874 F.2d at 1062 . … To do this, Congress waived sovereign immunity for admiralty claims arising from the operation of such vessels. Schnell v.

Home Life Insurance v. Kaufman

547 F. Supp. 833 · District Court, S.D. New York · Sep 29, 1982

a New York Corporation, brings this action against defendant, Herbert Kaufman, a New Jersey resident and a former employee of Home Life, seeking declaratory relief with respect to an employ *834 ment contract and a Non-Qualified … The five month period between the time the complaint and the motion to compel arbitration were filed is not sufficient to establish a waiver under the circumstances of this case, especially since defendant’s answer specifically

NYC C.L.A.S.H., Inc. v. City of New York

315 F. Supp. 2d 461 · District Court, S.D. New York · Apr 21, 2004

These principles clearly establish that purported orna-mentations of First Amendment freedoms warrant no constitutional protection when such activities are not essential to the enjoyment of a particular right, or may otherwise … As discussed above, the onus is on the proprietor to determine whether a particular establishment qualifies as a “bar” or a “food service establishment” under Chapter 13, not the patrons.

Venturino v. First Unum Life Insurance

724 F. Supp. 2d 429 · District Court, S.D. New York · Jul 2, 2010

Accordingly, Defendants have not carried their burden to establish the second prong of complete preemption here. 2. … Accordingly, because the second prong of the doctrine of complete preemption is clearly not satisfied here, the Court concludes that Venturino’s § 349 deceptive act claim does not fit within the scope of ERISA’s civil-enforcement

Nicoletti v. EF Hutton & Co., Inc.

761 F. Supp. 312 · District Court, S.D. New York · Apr 16, 1991

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … The governing law alleged to have been ignored by the arbitrators must be well defined, explicit, and clearly applicable.

Kirkland v. New York State Division of Parole

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

A state prisoner generally exhausts his claims in the state courts by pursuing “one complete round of the State’s established appellate review process,” O’Sullivan v. … has abrogated the states’ Eleventh Amendment immunity . . . .”

Tilman v. United States

644 F. Supp. 2d 391 · District Court, S.D. New York · Aug 3, 2009

For income tax refund actions, Congress has waived sovereign immunity. See 28 U.S.C. § 1346 (a)(1); Monti v. United States, 223 F.3d 76, 78 (2d Cir.2000). … Plaintiffs fail to establish that their computer purchase qualifies for a tax deduction, because they present no evidence about the business purpose of the purchase. See I.R.C. § 274(d); Verma v. Comm’r, T.C.

Preble-Rish Haiti, S.A. v. Republic of Haiti

District Court, S.D. New York · Jul 27, 2022

First, BNC argues that the BNC Accounts are immune from attachment because the accounts and the funds within qualify as “property in the United States of a foreign state” under the FSIA and none of the exceptions to immunity … The same deficiency exists as to Preble-Rish’s alternative argument for establishing an exception to immunity under section 1610(d), which provides in part that “[t]he property of a foreign state . . . used for a commercial

Bravman v. Baxter Healthcare Corp.

842 F. Supp. 747 · District Court, S.D. New York · Jan 24, 1994

Accordingly, the party claiming preemption, as does Baxter here, has the burden of proof and must establish that Congress has spoken clearly and made its intention to preempt unmistakable. … establishing limited requirements.

Hutton v. Globe Hoist Co.

158 F. Supp. 2d 371 · District Court, S.D. New York · Aug 29, 2001

Plaintiffs allude to, but never clearly argue, a claim that Dresser should have provided a warning or instructions as to proper placement of the lift arms and pads underneath a front-heavy car. … Therefore, as plaintiffs have not clearly set forth what additional warning as to loading they allege would have prevented Hutton's accident, the court declines to address this possible claim. 4 .

Rabbitt v. Department of the Air Force

383 F. Supp. 1065 · District Court, S.D. New York · Nov 6, 1974

the defendant’s position, for the wording of Exemption 4 makes confidentiality merely one of three factors to be considered, and Congress’ decision to allow widespread disclosure is inconsistent with allowing agencies to immunize … Such an inspection will also establish whether the report is irrelevant to plaintiff’s purpose and, therefore, whether its disclosure would be unwarranted. IV.

Jackson v. Cuomo

District Court, S.D. New York · Feb 2, 2022

Qualified Immunity The doctrine of qualified immunity generally shields “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 would have known.”

Potter v. People of the State of New York

District Court, S.D. New York · Jun 15, 2021

, or a dismissal based on prosecutorial immunity that implicates “the heartland of immune prosecutorial conduct” is considered frivolous, and therefore counts as a strike. … Because Plaintiff has three other dismissals that qualify as strikes, the Court need not resolve whether this dismissal qualifies as a strike. 3 An imminent danger is not one “that has dissipated by the time a complaint