Case law

Bacon v. Toia

493 F. Supp. 865 · District Court, S.D. New York · Jun 23, 1980

It would clearly delineate those situations of legitimate need arising out of unforeseeable catastrophes for which emergency grants would be available. … Budgetary considerations clearly supported a welfare classification in Dandridge v. Williams, supra.

Carroll v. Trump

District Court, S.D. New York · Aug 18, 2023

, Eleventh Amendment immunity, and qualified immunity.” … Accordingly, this Court must determine whether [defendant’s] appeal [(including of the denial of qualified immunity)] is frivolous.”); Garcia v.

In Re Omni Mutual, Inc.

193 B.R. 678 · District Court, S.D. New York · Mar 19, 1996

The letter sent to Landi from Omni dated March 2, 1988 clearly states that OMIG “will be registered” in the future and thus informed Landi that OMIG was not registered at the time of purchase. … In sum, it is uneontested that the OMIG interests were not registered with the SEC as required to qualify as a “security” pursuant to SIPA.

Eisen v. Carlisle & Jacquelin

54 F.R.D. 565 · District Court, S.D. New York · Apr 4, 1972

The defendants also claim that they are immune from antitrust liability as theirs ,is a regulated industry. … Even if it could be so considered, such “regulation” scarcely would be immunized from judicial review.

New York v. Schiavone Construction Co.

601 F. Supp. 574 · District Court, S.D. New York · Jan 16, 1985

validity of the defense of official immunity tried in a federal court. … Federal officers and employees are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law. Colorado v.

Richards v. New York State Department of Correctional Services

572 F. Supp. 1168 · District Court, S.D. New York · Oct 7, 1983

This statement clearly describes an agency relationship such that Frucher in his official capacity was properly served through Pellegrini. … The record does not establish, however, that Pellegrini was authorized to accept service on behalf of Frucher in his individual capacity.

Reiner v. West Village Associates

600 F. Supp. 233 · District Court, S.D. New York · Jan 17, 1985

Plaintiffs respond that they clearly had an entitlement before the refinancing and they continued to possess it after September 1978 because the previous applicability of Merola had established a practice which gave rise … From these findings the court concluded the tenants could not legitimately expect either immunity from rental increases or participation in the process. A different result had been reached in Burr v.

United States v. Carpentieri

23 F. Supp. 2d 433 · District Court, S.D. New York · Oct 26, 1998

Carpentieri’s submission, if not fraudulent, establishes eligibility for benefits. Indeed, in this ease the issues appear to be two, quite separate inquiries. … The OWCP’s inquiry involved the question of whether the Defendant qualified for benefits under the terms of FECA. While a finding that Mr.

Luck v. Westchester Medical Center

District Court, S.D. New York · Feb 4, 2020

Qualified Immunity Qualified immunity is an affirmative defense that shields government officials “from liability for civil damages insofar as their conduct does not violate clearly … In order to determine whether a defendant is entitled to qualified immunity, the Court must consider: (1) whether a constitutional right has been violated; (2) whether that right was clearly established at the time; and

Vazquez v. Gray

523 F. Supp. 1359 · District Court, S.D. New York · Oct 16, 1981

The Court’s inspection established that the following conditions exist at the jail: 1. … Although judges are supposed to be immune from public pressure, no judge, particularly an elected one, is immune from the adverse publicity generated by the commission of a crime by a person released on bail awaiting trial

United States ex rel. Donnelly v. Mulligan

8 F. Supp. 262 · District Court, S.D. New York · Aug 17, 1934

In the instant proceeding it is conceded that the offense charged (2 above) is within the Canadian Extradition Treaty; also it clearly appears that there is reasonable ground to believe the relator guilty of the Canadian … Relator contends that he is thereby immune from extradition by the United States to Canada unless he has been at liberty one month after his discharge in the ease for which he was extradited from France.

Bazile v. City of New York

215 F. Supp. 2d 354 · District Court, S.D. New York · Aug 2, 2002

Finally, they contend that the individual defendants are protected from liability on the constitutional claims by the doctrine of qualified immunity, since they acted reasonably. (Id. at 20-21). … Levine’s testimony does not so qualify.

Ridge v. Havas

District Court, S.D. New York · Feb 7, 2022

“Qualified 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.” … (2) whether that right was clearly established at the time of the alleged violation.”

In Re Novartis Wage and Hour Litigation

593 F. Supp. 2d 637 · District Court, S.D. New York · Jan 12, 2009

Reps clearly work outside of NPC’s offices and therefore satisfy this requirement. … In carrying out these activities, they are quite clearly attempting to increase prescriptions for their drugs — a matter of considerable significance for NPC.

Attis v. Solow Realty Development Co.

522 F. Supp. 2d 623 · District Court, S.D. New York · Nov 14, 2007

F.Supp.2d 590, 596-97 (S.D.N.Y.2002) (where, nine months after she was injured, plaintiff had exhausted employer’s short-term disability leave but admitted that she was in constant pain and could not return to work, “the ADA clearly … Thus, plaintiff has raised a genuine issue of material fact as to whether she was qualified for her position.

Haberman v. Gardner

296 F. Supp. 661 · District Court, S.D. New York · May 21, 1968

In fact, they are well below the minimum established throughout most of the States of the nation. … A minimum standard of eligibility is essential; it clearly cannot be said that the mimimum here is unrealistic. We conclude that the regulation carries out the Congressional policy.

Boehner v. Heise

734 F. Supp. 2d 389 · District Court, S.D. New York · Aug 12, 2010

Qualified Privilege Defendants argue that regardless of the letter’s truthfulness, it is subject to a qualified privilege, and, thus, not actionable. … Accordingly, Plaintiffs cannot establish that Defendants acted with common-law malice.

Robinson v. New York City Transit Authority

District Court, S.D. New York · Jul 2, 2020

Law (PAL) § 1209-a (establishing TAB and setting out its functions, powers, and duties). … City of Hayti, Missouri, 948 F.3d 921, 927 (8th Cir. 2020) (state court judge was absolutely immune from a damages claim based on allegations that judge had an "established practice" that "denied indigent arrestees their

Commercial Solvents Corporation v. Jasspon

92 F. Supp. 20 · District Court, S.D. New York · Aug 8, 1950

They are both California residents and the Security- *22 First National Bank is not qualified to do business in New York. The attorneys for defendant were served in New York on Sfarch 1, 1950. … This court is free from them, and its rules clearly establish a procedure by which the state-created right may be enforced under the state’s rules of decision.

Wiesenfeld v. New York

474 F. Supp. 1141 · District Court, S.D. New York · Jul 9, 1979

Judges are not immune from suits for declaratory or injunctive relief. Heimbach v. Village of Lyons, 597 F.2d 344, 347 (2d Cir. 1979); Person v. Association of Bar of City of N. … Hernstadt, 373 F.2d 316, 318 (2d Cir. 1967), our Court of Appeals qualified its earlier ruling in Southard v.