Case law

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.

Pollock v. Castrovinci

476 F. Supp. 606 · District Court, S.D. New York · Nov 7, 1979

Under this section, plans qualify merely by agreeing not to divert funds prior to the satisfaction of the plan’s liabilities. … Clearly, however, none claimed a right to the surplus that would exist upon the plan’s termination.

Maxwell

District Court, S.D. New York · Mar 30, 2026

In addition, “[q]ualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct … Moreover, the Officer Defendants certainly had, at a minimum, arguable probable cause to arrest Plaintiff, thus entitling them to qualified immunity.

Rovira v. AT & T

760 F. Supp. 376 · District Court, S.D. New York · Mar 29, 1991

Here, plaintiff claims she was treated impermissibly before she had any established beneficiary relationship with AT & T or its benefits department. … No state law precedent clearly supports such a claim.

Wojnarowicz v. American Family Ass'n

745 F. Supp. 130 · District Court, S.D. New York · Aug 8, 1990

Establishment v. … While the deliberate omission of qualifying information may demonstrate actual malice, See Goldman v.

Sash v. United States

674 F. Supp. 2d 531 · District Court, S.D. New York · Dec 15, 2009

In the context of determining whether there is a violation of clearly established right to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability on the subordinate for unconstitutional … Economou, 438 U.S. 478, 504 , 98 S.Ct. 2894, 2909 , 57 L.Ed.2d 895 (1978) (no "distinction for purposes of immunity law” between Bivens and § 1983 claims); Polanco v. U.S.

Grubbs v. Ngbodi, R.N., F.N.P.

District Court, S.D. New York · Sep 2, 2022

Qualified Immunity Defendants argue that even if Plaintiff states a claim, they are entitled to qualified immunity. (Defs.’ Br. at 7–8.) … As such, “qualified immunity shields both state and federal officials from suit unless [1] the official violated a statutory or constitutional right that [2] was clearly established at the time of the challenged conduct

Edelman v. Smith Barney, Inc.

55 F. Supp. 2d 218 · District Court, S.D. New York · Jun 23, 1999

Article 6 of the No-Frills Keogh Plan sets forth the requirements for making a qualified election in the event that the surviving spouse chooses to elect out of the Qualified Joint and Survivor Annuity or the Qualified Preretirement … The amount in controversy is approximately $103,800.00, which clearly exceeds the statutory minimum. 5 .

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.

Gould v. Continental Coffee Company

304 F. Supp. 1 · District Court, S.D. New York · Aug 19, 1969

Defendant’s Plan qualified under § 401 of the Internal Revenue Code, 26 U. S.C. § 401, and was administered by a Board of Trustees, which consisted of four individual trustees and one corporate trustee. … It cannot be said that accepting employment with a former employer’s competitor will, per se, constitute direct competition with that employer; and defendant has not established that such action by plaintiff was in any way

Mescall v. Bronx Residential Center

District Court, S.D. New York · Aug 15, 2022

from suit unless their sovereign immunity has been waived. … Jul. 2, 2015) (holding that doctor was entitled to qualified immunity because, among other reasons, the “Eighth Amendment does not require defendants to provide prisoners with the medical care of their choice”).

McLeod v. New York Paper Cutters' & Bookbinders' Union No. 119

220 F. Supp. 133 · District Court, S.D. New York · Jul 22, 1963

The material facts, as adduced at the hearing held by this Court, establish the following: Automatic Sealing Service, Inc., a New York corporation, is engaged in New York City in the business of sealing so-called self mailings … It does not immunize such action from § 8(b) 4(A) to show that it also has as an object the enforcement of a rule of the union that its members should not work on a project on which nonunion men were employed.”

Mareno v. Re

568 F. Supp. 17 · District Court, S.D. New York · Feb 15, 1983

Judge Re has moved for summary judgment dismissing the complaint, on the grounds that no constitutional violations are demonstrated, and that, in the alternative, he is judicially immune from suit. … But “longevity alone does not establish tenure,” McNeill v. Butz, *22 480 F.2d 314, 320 (4th Cir.1973); these are considerations which come to nothing in the face of the explicit denial of tenure in § 871. III.

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.

Lanier v. Bats Exchange, Inc.

105 F. Supp. 3d 353 · District Court, S.D. New York · Apr 28, 2015

Under the regulatory framework established by Congress, Lanier’s claims must be adjudicated in the first instance by the Securities Exchange Commission (the “SEC”), and not this Court. I. … Courts in this *367 Circuit “apply a functional test to determine whether an SRO is entitled to immunity,” under which SROs are absolutely immune from suit where the alleged misconduct concerns, inter alia, "the enforcement

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.

Anderson

District Court, S.D. New York · May 11, 2026

Defendants Lastly, Plaintiff’s claims against the Westchester County District Attorney’s Office and Westchester County Office Building must be dismissed because neither qualifies … from liability for violations of federal law except for claims challenging an established policy or custom.

Bradley v. American Radiator & Standard Sanitary Corp.

6 F.R.D. 37 · District Court, S.D. New York · May 29, 1946

That in or about the month of February 1942, the Chemical Warfare Department, of the United States Army, was in great need of cast iron noses for incendiary bombs, and requested the plaintiff to make efforts to locate qualified … Upon these facts the employment contract comes clearly within the rule of the Norris and Hazel-ton cases, and it is just as clearly not within the exception contained in Executive Order 9001 in respect to bona fide agencies

In re Re-Bo Mfg. Co.

90 F. Supp. 388 · District Court, S.D. New York · May 20, 1950

The owner of an article being valued should certainly be allowed to estimate its worth; he is as competent to testify and perhaps more qualified to give value than one not as familiar with the article; the weight of his testimony … The District Judge in reviewing the acts of the Referee should not substitute his own judgment for that of the Referee who heard the evidence unless his conclusions are clearly erroneous, or his findings are based on incompetent

Schwartz v. Mayor's Committee on the Judiciary of New York

657 F. Supp. 29 · District Court, S.D. New York · Oct 14, 1986

To establish a denial of a federal right to due process, a plaintiff must demonstrate that a life, liberty, or property interest is implicated. See Board of Regents v. … Section 124 of the Family Court Act sets forth the clearly discretionary standards: “[T]he Mayor ... shall select persons who are especially qualified for the court’s work by reason of their character, personality, tact,