Case law

Cummings v. Artuz

237 F. Supp. 2d 475 · District Court, S.D. New York · Dec 16, 2002

Under the “unreasonable application” clause, a federal habeas court should “ask whether the state court’s application of clearly established federal law was objectively unreasonable.” … Accordingly, Justice Zweibel’s decision to close the courtroom was not “contrary to” clearly established federal law.

House v. City of New York

District Court, S.D. New York · Nov 24, 2020

to qualified immunity. … Nov. 9, 2018) (an internal police department policy is “not a clearly established law” sufficient to deprive the officer of qualified immunity).

United States v. International Business Machines Corp.

66 F.R.D. 206 · District Court, S.D. New York · Oct 5, 1974

The pro *209 cedure established by the Masters for applying the control group theory is as follows: As to each document resubmitted by IBM in which all of the originator (s), addressee(s) and copyee(s) are not within the … Judge Wyzanski clearly recognized this element of the privilege in requirement (3) of his formulation.

Guippone v. Bh S & B Holdings LLC

681 F. Supp. 2d 442 · District Court, S.D. New York · Jan 5, 2010

First, it clearly states that only a plant closing or a mass layoff as defined in this act, after the effective date of sale, would trigger the notice requirements.... … Clearly, Senator Hatch added section 2101(b)(1) to the statute to overturn the usual rule — the sale-of-business rule — for the limited purpose of establishing WARN Act liability.

Walsh v. City of New York

District Court, S.D. New York · Mar 31, 2021

Qualified immunity shields public officials performing discretionary functions from federal civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Accordingly, the individual defendants are not entitled to qualified immunity. D.

In Re Terrorist Attacks on September 11, 2001

454 F. Supp. 2d 220 · District Court, S.D. New York · Oct 3, 2006

April 20, 1995) (“[Djefendant fails to specify the nature or extent of injury [that] it contemplates release of the sealed documents would bring about, and accordingly fails to establish good cause.”). But see Topo v. … If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection at all, or do not qualify for the level of protection initially asserted, that Designating

Calabro v. Westchester BMW, Inc.

398 F. Supp. 2d 281 · District Court, S.D. New York · Nov 10, 2005

Plaintiffs burden to establish such a case is “minimal.” Fisher v. Vassar College, 114 F.3d 1332, 1335 (2d Cir.1997) (en banc). … she was “qualified” for the position.

In re Guary

271 F. 968 · District Court, S.D. New York · Mar 11, 1921

given to the Naturalization Bureau of the Department of Labor; and (4) that if petitioner were to be granted citizenship she would have an alien husband. [ 1 ] I first consider the objection last above stated, and I am clearly … Go-hen, supra, upon the proposition here involved, is in no- way impaired or qualified by Williamson v.

Medina v. New York State Division of Parole

District Court, S.D. New York · Sep 26, 2023

The State Defendants assert that Corse and Campbell are entitled to qualified immunity. … Qualified immunity shields a “government official[ ] from liability for civil damages insofar as [his or her] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Frito-Lay, Inc. v. LTV Corp. (In Re Chateaugay Corp.)

156 B.R. 391 · District Court, S.D. New York · Jun 9, 1993

The fact that Frito-Lay elected to pay the taxes does not, as Frito-Lay contends, establish that these claims are fixed. … In re Hopkins, 131 B.R. 308 (Bankr.N.D.Tex. 1991), relied on by Frito-Lay is clearly inappo-site.

In Re NYSE Specialists Securities Litigation

405 F. Supp. 2d 281 · District Court, S.D. New York · Dec 13, 2005

In order to establish liability under Section 20(a) as to the individual defendants in that case, the plaintiff necessarily would have had to establish those very defendants’ liability as primary violators. See id. … In this capacity, BoA was responsible for reviewing mortgages to determine whether they qualified for inclusion in a given pool. Id.

Vides v. Amelio

265 F. Supp. 2d 273 · District Court, S.D. New York · May 28, 2003

They have most clearly in mind the corporation’s long-range plans. … Under each plan, a target award for each officer and the specific performance objectives applicable to the officer are established at the beginning of the year.

Cohen v. City of New York

255 F.R.D. 110 · District Court, S.D. New York · Nov 10, 2008

Work product immunity does not evaporate merely because a party retains different counsel in subsequent litigation. … As opinion work product, they would be protected from disclosure by an almost absolute immunity. See Upjohn Co. v.

Petroleum & Energy Intelligence Weekly, Inc. v. Liscom

762 F. Supp. 530 · District Court, S.D. New York · Sep 27, 1989

In that case, Judge Kaufman cited Venezolana for the well-established rule that “the presence of aliens on two sides of a case destroys diversity jurisdiction.” Id. at 391. … Applying the statute, the court found that CNR with its principal place of business in Canada was not a citizen of any "State of the United States” within the meaning of § 1332(c) and, thus, CNR qualified for sovereign immunity

United States v. International Brotherhood of Teamsters

45 F. Supp. 2d 309 · District Court, S.D. New York · Apr 16, 1999

The goals of the Consent Decree are to rid the IBT of the hideous influence of organized crime and establish a culture of democracy within the union. … Nothing in the EO Decision supports Local 986’s contention that the Protestors will be immune from future disciplinary action should it be appropriate.

United Feature Syndicate, Inc. v. Koons

817 F. Supp. 370 · District Court, S.D. New York · Mar 24, 1993

Moreover, “Odie” clearly must be classified as a creative and imaginative character and, thus, the second factor weighs heavily in plaintiffs favor. … In the instant ease, the “Wild Boy and Puppy” sculpture cannot qualify as a parody or satire because, as in Rogers , the sculpture *384 is, at best, a parody of society at large, rather than a parody of the copyrighted “Odie

New York Public Interest Research Group v. United States Environmental Protection Agency

249 F. Supp. 2d 327 · District Court, S.D. New York · Mar 10, 2003

In the case before me, the submitter of the information, GE, clearly is a commercial entity. … The defendants have not established that concerns about confidentiality outweigh the considerable external incentives to submit the analyses.

Cameron v. Church

253 F. Supp. 2d 611 · District Court, S.D. New York · Mar 24, 2003

Plaintiff was well qualified for the program specialist position. Id. ¶¶ 10, 22 . … J. at 8-9.) *619 As to the former issues, collateral estoppel is clearly applicable.

Teledyne Industries, Inc. v. Eon Corporation

401 F. Supp. 729 · District Court, S.D. New York · Jul 29, 1975

The subject matter of this lawsuit is clearly not property in the actual or constructive possession of Eon. … The evidence clearly establishes that at the time of these conversions if not long before, both Anton and Srybnik, knew of the special account arrangement.

Federal Election Commission v. Political Contributions Data, Inc.

807 F. Supp. 311 · District Court, S.D. New York · Jul 30, 1992

This Court finds that Bader’s letter commenced the 30-day filing period as it clearly fulfilled Myers demand for “clear and unequivocal notice.” … NLRB, 841 F.2d 474 (2d Cir.1988) (because the United States government had statutorily established the length of time after an action during which it would diminish its immunity from suit, the NLRB could not voluntarily extend