Case law

Price v. Simmons

District Court, S.D. New York · Feb 29, 2024

At this stage, I believe the DANY and its prosecutors belong in this matter, as their shield of qualified immunity evaporated as they not only participated in the investigative stage and, upon information and belief, actively … participated in the destruction of evidence thus its conducted “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.

Bunten v. Donat

District Court, S.D. New York · Apr 16, 2024

In determining whether defendants are entitled to qualified immunity, courts consider “(1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was ‘clearly established … Here, at the time of the alleged discrimination, it was clearly established that Wilson had a right to be free from gender discrimination.

In re McCray

928 F. Supp. 2d 748 · District Court, S.D. New York · Mar 5, 2013

After the New York Court of Appeals recognized a qualified reporter’s privilege under New York State’s constitution and the United States Constitution in O’Neill , the law was extended to provide qualified protection to nonconfidential … The Qualified Reporter’s Privilege A reporter has “a qualified evidentiary privilege for information gathered in a journalistic investigation.” Chevron Corp. v. Berlinger, 629 F.3d 297, 308 (2d Cir.2011).

Berman v. Neo@Ogilvy LLC

72 F. Supp. 3d 404 · District Court, S.D. New York · Dec 5, 2014

To trigger de novo review, a party’s objections to the report must be “specific and clearly aimed at particular findings” in the report. Molefe v. … The definition unambiguously provides that, in order to qualify as a whistleblower, an individual must report information to the Commission.

Variable-Parameter Fixture Development Corp. v. Morpheus Lights, Inc.

945 F. Supp. 603 · District Court, S.D. New York · Nov 7, 1996

Judge Buchwald stated that defendants had “clearly engaged in a continuing saga of misconduct ... and have been sanctioned ... for their conduct on numerous occasions.” (Id. at 11). … Rather, Judge Buchwald clearly limited the scope of the Report in recognition of the automatic stay applicable to Morpheus.

Cornett v. Sheldon

894 F. Supp. 715 · District Court, S.D. New York · Aug 8, 1995

Petition signatures must be witnessed by a party member who is a qualified voter or by a notary public or commissioner of deeds. Id. § 6-140. … Saunders, 627 F.2d 606 (2d Cir.1980), the Court of Appeals for the Second Circuit, drawing upon qualified immunity and equal protection jurisprudence, formulated the standard for judging an alleged deprivation of equal protection

Szlosek v. NYS Office of the Attorney General

District Court, S.D. New York · Jun 25, 2025

The party opposing the amendment has the burden of establishing its futility. Blaskiewicz v. County of Suffolk, 29 F. … The OAG enjoys sovereign immunity and none of Szlosek’s supplemental allegations qualifies as an exception. New York state has not waived sovereign immunity for claims pursuant to the ADA, ADEA, NYSHRL or NYCHRL.

Veloz v. New York

35 F. Supp. 2d 305 · District Court, S.D. New York · Jan 21, 1999

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v. … Furthermore, the provisions of § 1983 were not intended to override a state’s immunity. See Dube v. State University of N.Y., 900 F.2d 587 , 594 (2d Cir.1990) (citing Quern v.

A. D. v. Cuomo

District Court, S.D. New York · Feb 22, 2022

immunity. … See Francis, 942 F.3d at 150 (incarceration for four months past the lawful termination of a sentence did not violate a clearly established right under the Eighth Amendment).

Rosen v. Brookhaven Capital Management, Co., Ltd.

194 F. Supp. 2d 224 · District Court, S.D. New York · Mar 7, 2002

Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980) (holding that defendant in civil rights case has burden of pleading defense of qualified immunity and plaintiff has no obligation to anticipate such defense … It has long been established that statutory exceptions constitute defenses which must be pleaded and proved by the defense.

Robinson v. United States

730 F. Supp. 551 · District Court, S.D. New York · Jan 24, 1990

We need not reach the question whether a maritime nexus also must be established when a tort occurs on the high seas. … Were there such a requirement, it clearly was met here, for these ships were engaged in maritime commerce, a primary concern of admiralty law. Ibid.

Viacom International Inc. v. Time Inc.

785 F. Supp. 371 · District Court, S.D. New York · Feb 7, 1992

Like the Second Circuit panel that decided Berkey, this Court finds it impossible, on the existing record, to determine as a matter of law that Plaintiff will be unable to establish monopoly leveraging here. … Defendants do not assert that the Cable Act expressly immunizes their activities from antitrust liability; rather, they advance a theory of “implied immunity” from prosecution under the antitrust laws.

The Rhode Island

20 F. Cas. 646 · District Court, S.D. New York · Jul 15, 1847

To this end, after replying specifically to the allegations of the libel by direct or qualified denials or admissions, the answer proceeds to set forth affirmatively the facts of the case constituting the defence which the … But most clearly in reason, as v/ell as upon principles of fixed law, the pursuing boat had only the privilege of such waterway as is not occupied by the leading one.

Sales v. Republic of Uganda

828 F. Supp. 1032 · District Court, S.D. New York · Jul 9, 1993

Since federal jurisdiction in this case is premised on diversity and the right to interest on a cause of action qualifies as a substantive right, the question is governed by New York law. See Adams v. … its sovereign immunity.

Powers v. Polygram Holding, Inc.

40 F. Supp. 2d 195 · District Court, S.D. New York · Apr 2, 1999

accommodation for his request, and given the obtuse nature of the letter in terms of both what kind of accommodation plaintiff was requesting and why he was requesting it, a three-week delay in granting this request was clearly … As is well established, the legal standard for a discrimination claim under the ADA and under New York Executive Law § 296 are essentially the same. See, e.g., Disanto v.

Perfect Fit Industries, Inc. v. Acme Quilting Co.

494 F. Supp. 505 · District Court, S.D. New York · Jan 10, 1980

This qualified privilege may be overcome and defeated by a showing by Acme that the allegedly defamatory statements were motivated by actual malice. See id. … As Acme made no attempt to prove special damages, Acme could only establish liability if the letter was libelous per se—that is, if the words were defamatory on their face.

Howard v. United Parcel Service, Inc.

101 F. Supp. 3d 343 · District Court, S.D. New York · Mar 31, 2015

Under McDonnell Douglas, plaintiff must first establish a prima facie case of discrimination by showing (1) that he was within a protected group; (2) that he was qualified for his position; (3) that he suffered an adverse … Reasonable Accommodation To establish a prima facie case of discrimination based on failure to accommodate, a plaintiff must establish that (1) he is a person with a disability; (2) defendant had notice of his disability;

O'Kon v. Roland

247 F. Supp. 743 · District Court, S.D. New York · May 24, 1965

The record establishes, and the parties are agreed, that there is no genuine issue as to any material fact. … The witness does not determine whether he is a qualified expert; this is for the trial judge.

Tarsavage v. CITIC Trust Co.

3 F. Supp. 3d 137 · District Court, S.D. New York · Mar 11, 2014

Wal-Mart Stores, Inc., 901 F.Supp. 128 , 130 n. 5 (S.D.N.Y.1995) (“Mere economic power ... over an issuer is clearly not sufficient to convert one into a ‘controlling person.’ ”). 6 Plaintiffs best argument is that, because … Defendant has not argued on this motion that it is immune under the Foreign Sovereign Immunities Act (“FSIA”), which “provides the sole basis for obtaining jurisdiction over a foreign sovereign in the United States.”

Cole- Hatchard v. Hoehmann

District Court, S.D. New York · Sep 21, 2020

Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … A qualified immunity defense is established where “(a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such