Case law

Neopharm Ltd. v. Wyeth-Ayerst International LLC

170 F. Supp. 3d 612 · District Court, S.D. New York · Mar 18, 2016

P. 12(c) to establish whether the Distribution Agreement permitted Wyeth to unilaterally terminate it without cause in May 2014. Neopharm also moves pursuant to Fed. R. Civ. … Clearly the numerator refers to the “number of months to be paid in lieu of notice” made pursuant to section 7.1.

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.

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.

Emi Film Distributors, Ltd. v. L. D. S. Film Co.

404 F. Supp. 204 · District Court, S.D. New York · Nov 24, 1975

The plaintiff is an English corporation concededly doing business in New York, directly, and also through its subsidiary, and has not qualified to do business here. The defendants are all residents of California. … Consideration of these factors in the totality of the facts and circumstances of this case clearly requires that this action be transferred to the Central District of California and it is so ordered.

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.

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

Simmons-Grant v. Quinn Emanuel Urquhart & Sullivan, LLP

915 F. Supp. 2d 498 · District Court, S.D. New York · Jan 3, 2013

In order to establish a prima facie case, Plaintiff must show that: “(1) she is á member of a protected group; (2) she was qualified for the position; (3) she experienced an adverse employment action; and (4) that [the adverse … An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights' or minor annoyances that often take place at work and that all employees experience.”

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.

Simpson v. Town of Warwick Police Department

159 F. Supp. 3d 419 · District Court, S.D. New York · Feb 4, 2016

Because there was probable cause to arrest Simpson, the Court need not consider defendants’ alternative argument that Maslan-ka and Sisco are entitled to qualified immunity as to that claim. See Cerrone v. … Brown, 246 F.3d 194, 202-03 (2d Cir.2001) (officer entitled to qualified immunity on false arrest claim if there was "arguable probable cause” for the plaintiff’s arrest, to wit, if "a reason able police officer in the same

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.

Dee v. Institutional Networks Corp.

559 F. Supp. 1282 · District Court, S.D. New York · Mar 21, 1983

Freedman, 583 F.2d 42 (2d Cir.1978) (plaintiff’s actions clearly improper at the time it was filed); Colucci v. … Plaintiff qualified her two responses in this area with the phrases “to my knowledge” and “as far as my knowledge.” Tr. at 118-19. Such language was not used by plaintiff elsewhere in her testimony.

Cicchetti v. Davis

607 F. Supp. 2d 575 · District Court, S.D. New York · Apr 6, 2009

Defendant then renewed his motion and, in an Opinion and Order dated January 26, 2009, we found, inter alia, that defendant was entitled to qualified immunity on plaintiffs First Amendment claim because it was reasonable … That jury also found that plaintiff did not meet his burden to establish his second claim in this case, that his race or color was a substantial motivating factor in defendant’s decision to terminate plaintiff’s employment

United States v. Foster

83 F. Supp. 197 · District Court, S.D. New York · Mar 4, 1949

As for the alleged systematic and intentional exclusion of women, the proof clearly shows that there has been no such exclusion. … As of July 1, 1941 the jury lists contained the names of '7971 qualified petit jurors and 1960 qualified grand jurors.

In re Longtop Financial Technologies Ltd. Securities Litigation

32 F. Supp. 3d 453 · District Court, S.D. New York · Jul 3, 2014

The. sufficiency of those procedures is relevant to Palaschuk’s state of mind because a clearly deficient audit might have put a diligent CFO on notice of the need for further inquiry. … The Siefert Report Like Bell, Siefert is qualified as an ' expert by his ten years as an auditor and thirty years as a CPA.

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

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.

Grace v. Alvarado

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

Finally, Defendant argues that he is entitled to qualified immunity because there is no clearly established law indicating that issuing a misbehavior report in response to a written threat violates the First Amendment, … >] thus need not address Defendant’s argument that he is entitled to qualified immunity. See Collins v. Goord, 581 F.

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.”

Dunham v. Philip Lobello

District Court, S.D. New York · Apr 19, 2023

Qualified Immunity Defendants once again argue that Officer Lobello is entitled to qualified immunity. … as to whether qualified immunity is appropriate.

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.