Case law

Quiros v. Ciba-Geigy Corp.

7 F. Supp. 2d 380 · District Court, S.D. New York · Jun 5, 1998

Failure to Promote To establish a prima facie case of discrimination, a plaintiff bears the burden of establishing that: (i) he is a member of a protected class; (ii) he was qualified for the position; (iii) he was subjected … qualified or less qualified than he is.

Clavin v. Post

992 F. Supp. 359 · District Court, S.D. New York · Jan 23, 1998

In order to prevail under a procedural due process claim, “a plaintiff must show that the procedural safeguards ... established by the state are insufficient to protect her rights.” … Fourth, defendants argue that the individual defendants are shielded from liability by the doctrine of qualified immunity.

United States v. Prevezon Holdings, Ltd.

251 F. Supp. 3d 684 · District Court, S.D. New York · May 10, 2017

The moving party bears “the initial burden of establishing the absence of any genuine issue of material fact, after which the burden shifts to the nonmoving party to establish the existence of a factual question that must … Money-laundering predicate The Government alleges each successive phase of the ' purported money laundering scheme qualifies as an SUA.

Reid v. The City of New York

District Court, S.D. New York · Sep 7, 2021

City of New York, 727 F.3d 167, 172 (2d Cir. 2013) (stating that prosecutors engaged in administrative or investigatory functions receive qualified, rather than absolute, immunity). … Following the effectuation of service, the Court will await either the DANY Defendants’ Answer or pre-motion letter informing the Court of their intent to adhere to the pre-trial motion schedule that the Court will establish

Gilliam v. Greenberg Traurig, LLP

District Court, S.D. New York · Sep 4, 2024

or constitutional rights that were clearly established at the time.” … In any event, Ciparick is entitled to qualified immunity.

General Apparel Sales Corp. v. Chase Manhattan Bank, N. A.

321 F. Supp. 891 · District Court, S.D. New York · Oct 23, 1970

The undisputed facts here clearly establish that defendant failed to meet its statutory obligations to use ordinary care when, contrary to the unqualified written instructions of plaintiff, it (1) received and deposited the … Finally, no estoppel on the part of plaintiff exists, since in closing the account it used due diligence, obeyed the defendant’s prescribed procedure, and took no affirmative steps which ever qualified its written instructions

King v. CIVIL SERVICE COM'N OF CITY OF NEW YORK

382 F. Supp. 1128 · District Court, S.D. New York · Oct 2, 1974

The evidence at trial clearly established that neither would have been able to qualify to take the examination. … Before that evidence can be considered, however, it must first be established that the examination has had “a racially disproportionate impact.” Bridgeport Guardians, Inc. v.

In Re Doyle

42 F.2d 686 · District Court, S.D. New York · Jun 9, 1930

The rule clearly is, that a party is not bound to make any discovery which would expose him to penalties, and this ease falls within it. The decree of the Court below is therefore affirmed.” In Ballmann v. Fagin, 200 U. … I do not think that these cases go far enough to establish the government’s contention.

Graham v. Lape

476 F. Supp. 2d 399 · District Court, S.D. New York · Feb 28, 2007

A state court decision is contrary to clearly established Federal law “if the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law” or “if the state court confronts facts … The state court decision thus is not contrary to clearly established federal law and does not constitute an objectively unreasonable (or even an erroneous) application of clearly established federal law. B.

Maldonado v. Town Of Greenburgh

District Court, S.D. New York · May 18, 2020

There, this Court concluded that the defendants were protected by qualified immunity when conducting the searches at issues because “it was not clearly established that [the d]efendants’ actions were even covered by the … immunity for the deliberate indifference claim at this stage in the Action, it similarly does not grant qualified immunity to Attalienti at this point.

Laor v. Air France

31 F. Supp. 2d 347 · District Court, S.D. New York · Dec 17, 1998

(Compl. p. 4) On July 18,1997, Air France removed the case to this court citing original jurisdiction conferred by the Foreign Sovereign Immunities Act of 1976 (“FSIA”), 28 U.S.C. §§ 1602-1611 . … The cases plaintiff cites do not establish that a claim of intentional tort is not covered by the Warsaw Convention. Each of these cases is easily distinguished from the present action.

Inn Chu Trading Co., Ltd. v. Sara Lee Corp.

810 F. Supp. 501 · District Court, S.D. New York · Oct 28, 1992

Inn Chu contends that Sara Lee’s behavior exceeded the bounds of its privilege because a parent corporation motivated by malice or that uses wrongful means to procure its subsidiary’s breach is not immune from liability. … Plaintiff's alternate theory, that it can sue as a third party beneficiary of the License Agreement, is clearly mistaken.

Falchenberg v. New York City Department of Education

375 F. Supp. 2d 344 · District Court, S.D. New York · Jul 1, 2005

Plaintiff Is Not A Qualified Individual Within The Meaning Of The Disability Laws While the Plaintiff is correct that “[t]he federal, state and local laws impose an obligation on employers to provide qualified individuals … Mem. at 6), the Plaintiff under these circumstances is not a qualified individual.

Tomasello v. Rogers

306 F. Supp. 705 · District Court, S.D. New York · Dec 5, 1969

Any visa numbers that remain unused in a single year by applicants with preference status are allotted to qualified nonpreference immigrants in the chronological order in which they qualify. … “We know of no principle of law whereby an applicant for naturalization is immune from statutory provisions imposing conditions on eligibility for naturalization merely because the statute has not been called directly to

Wolf v. Board of Educ. of the City of New York

162 F. Supp. 2d 192 · District Court, S.D. New York · Mar 30, 2001

Schs., 73 F.Supp.2d 204, 212 (D.Conn.1999) (evidence must show that the plaintiff was clearly better qualified to support a finding of pretext in defendant’s selection). II. … Clearly I.S. 120 was a school in jeopardy. Reading scores and pupil attendance were declining and staffing was problematic.

Williams v. Young

769 F. Supp. 2d 594 · District Court, S.D. New York · Feb 25, 2011

The preliminary parole revocation hearing clearly satisfies the first element. … He is therefore entitled to absolute immunity for his testimony. VII.

ACLI International Commodity Services, Inc. v. Suisse

110 F.R.D. 278 · District Court, S.D. New York · Apr 15, 1986

If Nahas testifies, under a grant to [sic] immunity, his testimony may be used against him civilly by the CFTC and eventually by the plaintiffs. … A witness may be compelled to testify if it clearly appears that his claim of privilege is advanced as a subterfuge. See Camelot Group, Ltd. v. W.A. Krueger Co., 486 F.Supp. 1221, 1225 (S.D.N.Y.1980).

Carroll v. Bayeriche Landesbank

125 F. Supp. 2d 58 · District Court, S.D. New York · Dec 13, 2000

Clearly at that time, none of the parties thought BLB was established. … Once the defendant establishes that a communication is entitled to a qualified privilege, then the burden shifts to the plaintiff to show actual malice or ill-will motivated the defendant.

United States v. Miller

249 F. Supp. 59 · District Court, S.D. New York · Dec 16, 1965

Empire Storage Co., 336 U.S. 490, at 498 , 69 S.Ct. 684, at 688 , 93 L.Ed. 834 (1949), “It rarely has been suggested that the constitutional freedom for speech and press extends its immunity to speech or writing used as an … Some of the demands, moreover do not seem to relate clearly to any potential issues in the case.

Adusumelli v. Steiner

740 F. Supp. 2d 582 · District Court, S.D. New York · Sep 30, 2010

[But] the heightened review standard our precedent establishes does not make sex a proscribed classification. … This rule, established in Takahashi and relied upon in Graham and Flores de Otero , flows from two constitutional provisions: the Naturalization Clause, which gives Congress power to “establish an uniform Rule of Naturalization