Case law

United States v. Blumberg

787 F. Supp. 67 · District Court, S.D. New York · Mar 26, 1992

Defense counsel argued that Blumberg should not be compelled to answer IRS questions without immunity. … Defense counsel’s suggestion that the government give Blumberg immunity is a result that cannot be compelled by this Court. See United States v.

Gottlieb v. Schaffer

141 F. Supp. 7 · District Court, S.D. New York · May 21, 1956

do not qualify as possessed of the “ordinary mind”. … It is hornbook law that this subjective element may be established by circumstantial evidence.

Mason Tenders District Council Welfare Fund v. Dalton

648 F. Supp. 1309 · District Court, S.D. New York · Nov 24, 1986

BACKGROUND The Funds are jointly administered multiemployer trust funds established and maintained pursuant to a collective bargaining agreement. … Subsequently, the bankruptcy proceeding was converted to one under Chapter 7 and a trustee was appointed and qualified.

Sacks v. Gandhi Engineering, Inc.

999 F. Supp. 2d 629 · District Court, S.D. New York · Feb 27, 2014

To establish a prima facie case, the plaintiff must show that: (1) he was a member of the class protected by the relevant statute; (2) he was qualified for the job in question; (3) the employer took an adverse employment … Defendant also appears to argue, on reply, that Plaintiff was not qualified for his position. (See Def.

United States v. Gallego

944 F. Supp. 309 · District Court, S.D. New York · Nov 12, 1996

(Tr. 341) The fourth witness, Fernando Vega, testified without immunity. … Had Lewis taken the stand, he would have been subject to cross-examination concerning statements he made to Rosado, which were on tape and clearly indicated that he knew that Martinez was involved in the robbery.

Nike, Inc. v. Rubber Manufacturers Ass'n

509 F. Supp. 912 · District Court, S.D. New York · Feb 27, 1981

Congress, by Act of May 28, 1926, established the United States Customs Court. … Customs and the Court of International Trade are uniquely qualified to resolve the legal and factual issues which Nike’s claims have raised: whether the certifications were false under 19 C.F.R. § 152.24 (c); whether the

Kosmidis v. The Port Authority of New York and New Jersey

District Court, S.D. New York · Sep 28, 2021

In the context of false arrest claims, “an arresting officer will . . . be entitled to qualified immunity from a suit for damages if he can establish that there was ‘arguable probable cause’ to arrest.” Escalera v. … For the same reason, the Court also cannot determine at this juncture whether the officers are entitled to qualified immunity.

Nosal v. Granite Park LLC

269 F.R.D. 284 · District Court, S.D. New York · Jul 2, 2010

Judged by this standard, Hare clearly possesses sufficient experience to be qualified as an expert in the field of bathtub surfaces since he has worked as an architect and engineer on residential projects for many years and … More importantly, however, Hare failed to establish any basis for his conclusion that any ovals applied to the Bathtub would have been visible in photographs based on their gray color.

In re Kidder Peabody Securities Litigation

168 F.R.D. 459 · District Court, S.D. New York · May 16, 1996

Work Product The work-product doctrine is embodied in Fed.R.Civ.P. 26(b)(3), which offers qualified immunity from discovery for documents “prepared in anticipation of litigation or for trial.” … In re Steinhardt Partners, L.P., 9 F.3d 230, 234-36 (2d Cir.1993) (voluntary disclosure of document to SEC waived work-product immunity).

Avery v. Difiore

District Court, S.D. New York · Aug 6, 2019

Indeed, in Hafer, the Supreme Court allowed a Section 1983 suit to proceed 3 Examples of “personal immunities” often invoked in Section 1983 litigation include absolute judicial and prosecutorial immunity and qualified … immunity.

Civic Ass'n of the Deaf of New York City, Inc. v. Giuliani

915 F. Supp. 622 · District Court, S.D. New York · Feb 9, 1996

Therefore, the risk set out in subparagraph (A) clearly applies. … Our Court of Appeals has held that to state a claim under the Rehabilitation Act, plaintiffs must establish that: (1) they are “handicapped persons” under the Rehabilitation Act; (2) they are “otherwise qualified” to participate

Aguinda v. Texaco, Inc.

142 F. Supp. 2d 534 · District Court, S.D. New York · May 30, 2001

It seems doubtful, moreover, that the instant cases would qualify for class action status even if they were to remain in the United States, see generally Amchem, Prods., Inc. v. … The record before the Court also clearly establishes that all of the Consortium’s key activities, including the decisions and practices here at issue, were managed, directed, and conducted by Consortium employees in Ecuador

Mancuso v. Consolidated Edison Co. of New York, Inc.

967 F. Supp. 1437 · District Court, S.D. New York · Jul 16, 1997

That argument is clearly wrong. All three cases address the admissibility of expert scientific testimony on causation. … Dietrich is a well qualified psychologist who gave Theresa established intelligence and performance tests. ConEd can impugn Dr.

Girl Scouts of the United States v. Personality Posters Mfg. Co.

304 F. Supp. 1228 · District Court, S.D. New York · Oct 9, 1969

’s symbols by those who might compete with it in its normal purposes and endeavors. 2 The defendant here, of course, does not qualify as such a competitor. … There the Congressional emphasis clearly centers only on public recognition and honor of the organization and the protection of its normal scouting activities.

Shomo v. State of New York Department of Corrections and Community Supervision and it's Executives

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

adequately ADA or Rehabilitation Act claims; and (vi) the Individual Defendants are entitled to qualified immunity. … DOCCS qualifies as an instrumentality of the state, ordinarily immune from suit. Elbert v. New York State Dep’t of Corr. Servs., 751 F.

Mamatkulov v. City University of New York

District Court, S.D. New York · Jul 1, 2022

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity.” … “New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting section 1983.” Al Javier v.

Leyra v. Denno

113 F. Supp. 556 · District Court, S.D. New York · Jun 10, 1953

due process by reason of the fact (1) that the New York Court of Appeals erred in .affirming his conviction in that it was-founded upon evidence of confessions obtained by means of mental coercion, duress and promises of immunity … This issue was clearly defined and submitted to the jury. The above instructions fairly raised the issue as to the voluntary character of the statements.

ABC v. DEF

District Court, S.D. New York · Aug 14, 2020

The Court further held that defendants were not entitled to qualified immunity on these claims because the fundamental rights at issue had been well-established, by a long line of Supreme Court and Second Circuit cases … “Because no reasonable officer could conclude that Defendants’ actions were legal,” the Circuit held, “Defendants are not entitled to qualified immunity.”

Foxley v. Sotheby's Inc.

893 F. Supp. 1224 · District Court, S.D. New York · Jun 14, 1995

The New York Court of Appeals established in Danann Realty Corp. v. … Nonetheless, because defendant is clearly entitled to summary judgment on this issue, there has been no prejudice to Foxley.

Stan Togut Corp. v. Hobart Manufacturing Co.

398 F. Supp. 1323 · District Court, S.D. New York · Oct 22, 1974

Defendant Hobart manufactures and sells food equipment for use in supermarkets, commercial kitchens, restaurants, and other establishments where food is sold or prepared. … Discussion In order to prevail on a motion for summary judgment, the moving party must clearly show (1) that there is no genuine issue as to any material fact in the case; and (2) that he is entitled to a judgment in his