Case law

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

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.

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

Sloan v. Truong

573 F. Supp. 2d 823 · District Court, S.D. New York · Aug 28, 2008

Texas Tech Univ., 171 F.3d 279, 289 (5th Cir.1999) (“The Eleventh Amendment cloaks Texas Tech University ... with sovereign immunity as [a] state institution];].”). … Moreover, clearly the USCF—a private not-for-profit organization—does not act under “color of law.”

Gay Men's Health Crisis v. Sullivan

792 F. Supp. 278 · District Court, S.D. New York · May 11, 1992

As set forth in the statute, the purpose of the law “is to provide for the establishment of education and information programs to prevent and reduce exposure to, and the transmission of, the etiologic agent for acquired immune … They also suffered disap-provals of the two advertising posters. 52 Defendants contend, however, that at least two PRP decisions clearly establish the core meaning of the grant terms.

Pravin Banker Associates, Ltd. v. Banco Popular Del Peru

9 F. Supp. 2d 300 · District Court, S.D. New York · Jun 15, 1998

Clearly, any sole shareholder has a strong legitimate interest in the major decisions of a wholly-owned corporation”). Banco Central de Reserva del Peru v. … from attachment in aid of execution or from execution either explicitly or by implication” pursuant to the Foreign Sovereign Immunities Act, 28 U.S.C. § 1610 . 3 .

Allied International American Eagle Trading Corp. v. S.S. "Yang Ming"

519 F. Supp. 187 · District Court, S.D. New York · Jun 9, 1981

dominant objectives in enacting the statute: ... to ensure uniformity in the basic rights and responsibilities arising out of bills of lading and — most important for our present inquiry — to fix ‘an irreducible minimum of immunity … This latter objective underlies both the carrier’s duties to furnish a seaworthy ship and to care properly for the cargo ... and the minimum level of liability established by § 4(5) ....

Ricoh Co. v. Aeroflex Inc.

219 F.R.D. 66 · District Court, S.D. New York · Dec 2, 2003

The party asserting the privilege must establish the essential elements of the privilege. U.S. v. Construction Products Research, Inc., 73 F.3d 464, 473 (2d Cir.1996). … To the extent that the emails reflect counsel’s strategy for establishing an affirmative defense as Defendants claim, they would constitute protected attorney work product.

Khan v. City of New York

District Court, S.D. New York · Aug 4, 2022

“Qualified immunity protects government officials from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … ‘clearly established’ at the time of the challenged conduct.”

Brandon v. City Of New York

District Court, S.D. New York · Jul 27, 2023

In all events, “reasonable officers could at least disagree” about whether probable cause existed to arrest plaintiff, such that Officer Khan is entitled to qualified immunity. See Hoyos, 999 F. … immunity.

Marom v. Town of Greenburgh

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

While “[p]ro se complaints are held to less stringent standards than those drafted by lawyers, even following Twombly and Iqbal,” dismissal is proper “where a plaintiff has clearly failed to meet minimum pleading requirements … is entitled only to qualified immunity when acting in an investigatory capacity.”

Schorr v. American Arbitration Association

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

The One Claim Barred by Arbitral Immunity Of the SAC’s eight claims, one clearly targets conduct “associated with the adjudicative phase of the arbitration to justify immunity.” Id. … But, assuming arguendo that these did so qualify, Doggart would be correct.

Variano v. City of White Plains

242 F. Supp. 790 · District Court, S.D. New York · Jun 24, 1965

Galamison, supra 342 F.2d at 271 , under the law as it presently exists, petitioners’ contentions numbered (3), (4) and (5) above do not qualify this case for removal. … These claims are clearly insubstantial. It is settled law that there is no constitutional right to trial by jury in a condemnation case. Crane v.

United States Securities & Exchange Commission v. Verdiramo

890 F. Supp. 2d 257 · District Court, S.D. New York · Sep 9, 2011

Vincent Verdiramo The SEC clearly has established a prima facie violation of Section 5 by Vincent Verdiramo. See Softpoint, 958 F.Supp. at 861 ; see also SEC v. … Chen The SEC clearly has established a prima facie violation of Section 5 by Chen. See Empire, 2008 WL 2276629 , at *7. No registration statement was filed or on file in 2005 for Chen’s sales of RECOV stock.

Trans World Airlines, Inc. v. Sinicropi

887 F. Supp. 595 · District Court, S.D. New York · May 30, 1995

Plaintiffs 2 contend that the Board’s Opinion is clearly wrong. … Sinicropi had earlier moved to dismiss the complaint against him on the ground that his status as an arbitrator rendered him immune from suit.

Zabar v. New York City Department Of Education

District Court, S.D. New York · May 12, 2020

No. 59) at 22) “Qualified immunity, an affirmative defense, shields officials from personal liability for civil damages [under Section 1983] so long as ‘their conduct does not violate clearly … , and is still not clearly established.”

YMCA Vote at 18 Club ex rel. Straus v. Board of Elections

319 F. Supp. 543 · District Court, S.D. New York · Jun 23, 1970

to register when the individual knows that he is not a “qualified” voter, or knowingly to attempt to vote when not qualified. … Thus, while the right to vote is established and guaranteed by the United States Constitution, e.g., Lassiter v.

United States ex rel. Eng Fon Sing v. Reimer

40 F. Supp. 602 · District Court, S.D. New York · Jul 2, 1940

In passing on- this particular phase of the case, the Board of Review finally summed up the effect of these discrepancies: “in any event, this prior-record claim cannot be regarded as clearly favorable to the appellant’s … “The denial of a fair hearing is not established by proving merely that the decision was wrong. Chin Yow v. United States, 208 U.S. 8, 13 , 28 S.Ct. 201 , 52 L.Ed. 369 .

Sealy v. the HERTZ CORPORATION

688 F. Supp. 2d 247 · District Court, S.D. New York · Aug 21, 2009

Under McDonnell Douglas, plaintiff may establish a prima facie claim of discrimination “by showing: (1) that he is a member of a protected class; (2) that he was qualified for the employment position in dispute; (3) that … Moreover, termination clearly qualifies as an “adverse employment action.” See Holcomb v. Iona College, 521 F.3d 130, 138 (2d Cir.2008).