Case law

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.

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.

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.

Veneruso v. Mount Vernon Neighborhood Health Center

933 F. Supp. 2d 613 · District Court, S.D. New York · Mar 22, 2013

Section 245b only establishes guidelines for receipt of federal funds..,. … What is clearly consistent in Mount Vernon’s arguments, however, is that no matter how the Surplus Distributions are characterized, they were made pursuant to a financial structure that is contemplated by federal law. .

Coss v. Sullivan Co. Jail Administrator

171 F.R.D. 68 · District Court, S.D. New York · Jan 31, 1997

immunity, and there existed no genuine issues of material fact. … Clearly, the duration of Coss’s failure to prosecute these actions weighs heavily in favor of dismissal.

Potapova v. Experian Information Solutions Inc.

District Court, S.D. New York · Mar 20, 2025

Materials so designated shall be clearly marked on their face with the legend: “Confidential.” Such documents, transcripts, or other materials are referred herein as “Confidential Materials.” 3. … Executed this ____ day of _____________, 20__, at __________________. _____________________________ QUALIFIED PERSON

Jordan v. Metropolitan Life Insurance

280 F. Supp. 2d 104 · District Court, S.D. New York · Aug 22, 2003

The disputed Form U-5 is subject to qualified immunity and Jordan will receive compensation for his damages only if he can establish that MetLife acted with actual malice when making the statement. … In sum, Met-Life’s stated reason for terminating Jordan is not clearly pretextual.

Mugan v. Hartford Life Group Insurance

765 F. Supp. 2d 359 · District Court, S.D. New York · Jan 20, 2011

To be eligible for disability benefits under the Plan, a claimant must satisfy either the “Occupation Qualifier” or the “Earnings Qualifier.” (014). … A claimant who qualifies to receive benefits under either the Occupation or Earnings Qualifier will receive benefits on a monthly basis. (015).

Moultrie v. Wright

District Court, S.D. New York · Aug 3, 2021

“clearly established constitutional norms of which an objectively reasonable person should have been aware.” … Parole officers can receive qualified immunity for their actions in preparing violation reports and recommending arrest warrants, which are administrative and investigatory tasks. Id. at 112.

United States ex rel. Kaye v. Zelker

355 F. Supp. 1002 · District Court, S.D. New York · Nov 13, 1972

Falsey further qualified his direct testimony: “Q. There can always be differences of opinion among equally qualified, sincere, and well-intentioned [psychiatrists] ? A. Correct. Q. … This standard clearly was met in the instant case in the state court.

Brims

District Court, S.D. New York · Sep 15, 2025

Hicks that ‘[t]here is no authority whatever for the proposition that absolute- and qualified-immunity defenses pertain to the court’s jurisdiction.’” (quoting Nevada v. Hicks, 533 U.S. 353, 373 (2001))); cf. … Apr. 3, 2025) (“The party seeking the stay . . . must establish good cause for the stay.” (citation omitted)).

El-Nashar v. NADAP, Inc.

District Court, S.D. New York · Jul 10, 2025

production of information or materials that are protected by the attorney-client privilege, the work product immunity or any other privilege or immunity shall not operate as a waiver of such privilege or immunity. … The producing party bears the burden of establishing the privileged nature of any inadvertently-produced information or materials.

Sellman v. Baruch College of the City University of New York

482 F. Supp. 475 · District Court, S.D. New York · Nov 16, 1979

The regulations here at issue clearly are so; they establish neutral criteria that further legitimate interests. The fundamental purpose of Baruch College is to educate students. … Finally, the plaintiff has utterly failed to establish any injury to his expressive rights.

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

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.

Breland-Starling v. Disney Publishing Worldwide

166 F. Supp. 2d 826 · District Court, S.D. New York · Sep 20, 2001

discrimination. *831 To begin, the Court finds plaintiff has not established a prima, facie case on this claim because of her failure to demonstrate she was qualified for the job. 1 Plaintiff, unlike Mr. … For these reasons the Court finds that plaintiff simply was not qualified for the position DPW awarded to Mr. Mul-lan and has therefore failed to establish her prima facie case.

King-Knight v. The City of New York

District Court, S.D. New York · Mar 28, 2025

Defendants contend that the ADA and OCME defendants are entitled to absolute or qualified immunity, that the NYPD defendants are entitled to qualified immunity, and that King-Knight’s claims are not viable under the governing … The first three acts are clearly protected by absolute immunity.

Moore v. Metropolitan Transportation Authority

999 F. Supp. 2d 482 · District Court, S.D. New York · Aug 22, 2013

Moore argues that Alfalla, Eleutice, Lagnese, and Longaro were less qualified than him. … To establish a prima facie ease, a plaintiff must show that “she applied for an available position for which she was qualified.” Brown v. Coach Stores, Inc., 163 F.3d 706, 710 (2d Cir.1998) (quoting Tex. Dep’t of Cmty.

City of New York v. Rapgal Associates

649 F. Supp. 1504 · District Court, S.D. New York · Dec 23, 1986

Although a standard for the circumstances in which a municipality may be estopped from enforcing one of its regulations against a private party has never been clearly articulated, it is well-established that such circumstances … Under the Section 8 housing program, established in 42 U.S.C. §§ 1437-1440 and 12 U.S.C. § 1715z-l, the federal government allots rent subsidies to qualified low income families in order to help them procure safe, sanitary

Jaime

District Court, S.D. New York · Mar 26, 2026

Mar. 14, 2022) (“Since the [c]ourt dismisses [the p]laintiff’s Section 1983 claims for failure to state a claim, the [c]ourt does not reach the question of qualified immunity.”); Rodriguez v. … immunity.”). 15