Case law

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.

Kadden v. Visualex, LLC

910 F. Supp. 2d 523 · District Court, S.D. New York · Sep 24, 2012

-As VisuaLex recognizes, “an employer can have two people with’ the same job title with one qualifying for [an exemption] and one not qualifying.” 153 Even if Kadden was performing duties that qualified as administrative, … Liquidated Damages Testimony clearly establishes that Romano went to considerable lengths to ascertain whether graphics consultants were exempt from the FLSA overtime requirements.

Wultz v. Bank of China Ltd.

298 F.R.D. 91 · District Court, S.D. New York · Feb 13, 2014

The fact that Shurafa was the beneficiary was clearly indicated on the wire transfer orders that Hapoalim originated. … Similarly, because Section 31A of the Prohibition on Money Laundering Law establishes a duty of confidentiality only as to communications and disclosures made to the regulatory authority established by that law, Hapoalim

Leslie v. BancTec Service Corp.

928 F. Supp. 341 · District Court, S.D. New York · Jun 10, 1996

Diversity of citizenship clearly exists, however, the issue in this ease is whether the jurisdictional amount of $50,000.00 is met. … Termination of Plaintiff To establish a prima facie case of discriminatory termination, the plaintiff must demonstrate that he was a member of a protected class, that he was qualified for the position, that he was discharged

Dwomoh v. Sava

696 F. Supp. 970 · District Court, S.D. New York · Oct 13, 1988

Dwomoh qualifies as a refugee under the appropriate definition. … In the Ninth Circuit, however, where the Court determines that the BIA applied an incorrect standard or interpretation of law, the Court has been willing to find that petitioner does qualify as a refugee, and has thus established

Franza v. Stanford

District Court, S.D. New York · Dec 11, 2019

Because this dismissal is based on legal conclusions concerning the applicability of absolute immunity and the absence of "clearly established law," the Court concludes that amendment would be futile. See Bogart v. … Aug. 26, 2015)(denying leave to amend, for futility, because the defendants did not "def[y] clearly established law"); Karris v. Varulo, No. 14-CV-1077, 2014 WL 1414483, at *4 (E.D.N.Y.

Greenblatt v. Prescription Plan Services Corp.

783 F. Supp. 814 · District Court, S.D. New York · Mar 23, 1992

Such activities are not purely ministerial, and therefore qualify PPS as a fiduciary. See Sixty-Five Sec. Plan, 583 F.Supp. at 387 . … PPS therefore qualifies as a "person” who may be "a fiduciary with respect to a plan,” for purposes of ERISA Section 409, 29 U.S.C. § 1109 . 5 .

Chambless v. Masters, Mates & Pilots Pension Plan

571 F. Supp. 1430 · District Court, S.D. New York · Sep 14, 1983

Johnson had worked from 1946 to 1969 as a member of the National Maritime Union and under the plan regulations qualified for a “service pension.” … Second, here, unlike in Johnson , the plan clearly distinguishes between early retirement benefits and normal retirement benefits.

Beatty v. Snow

588 F. Supp. 809 · District Court, S.D. New York · May 18, 1984

Based on these facts, Justice Rubin could rationally conclude that Beatty was accorded due process in his attempt to establish that Sutton had recanted her testimony, and, that the attack on the conduct of the hearing was … Daye does not clearly indicate whether, as a general matter, presentation of a federal constitutional claim to the state’s highest tribunal is necessary to comply with the exhaus *812 tion rule if a hearing in that court

Barnes v. The City of New York

District Court, S.D. New York · Feb 19, 2025

If the Officers “create[d] false information . . . and forward[ed] that information to prosecutors,” such actions are not shielded by even qualified immunity, let alone absolute immunity, because they violated Plaintiff … ’s “clearly established constitutional rights.”

Jones v. The Richmond

13 F. Cas. 1008 · District Court, S.D. New York · Jul 1, 1841

And I do not know how to put the case more clearly, than by stating, that if the circumstances were such that an owner of reasonable prudence and discretion acting upon the occasion would have directed the sale from a firm … This principle must ever be qualified by the fact, that the master has acted bona fide, and for the benefit of all concerned.

Baerga v. City of New York

District Court, S.D. New York · Mar 28, 2025

The Court held that Plaintiffs met their burden to overcome Defendants’ qualified immunity defense. (Order at 24.) … “barred by absolute legislative immunity and qualified immunity.”26 (Def. Mem. at 13-18.)

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

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.

Somers Realty Corp. v. Harding

886 F. Supp. 386 · District Court, S.D. New York · May 19, 1995

As to the first element, plaintiff has clearly established that his public criticism of Harding and his anti-development policies is protected speech under the First Amendment. … Neither plaintiff nor defendants discuss whether evidence establishing the improper motivation of some, a majority, or all of the Board in enacting the IDL is necessary to establish a First Amendment violation.

Brock v. Wilamowsky

639 F. Supp. 1166 · District Court, S.D. New York · Jul 16, 1986

CWP’s reliance on Sea-Land is misplaced as the cases are clearly distinguishable. … Thus, if the basic workday is established in good faith as the hours from 8 a.m. to 5 p.m. a premium of time and one-half paid for hours between 5 p.m. and 8 a.m. would qualify as an overtime premium.

COMMITTEE FOR PUB. ED. & RELIGIOUS LIBERTY v. Levitt

414 F. Supp. 1174 · District Court, S.D. New York · Jun 21, 1976

constitutes compulsory taxation for the support of religion and religious schools. [7] Defendants, for their part, argue that the statute does not offend the Constitution because reimbursement is limited to services which are clearly … In order to continue to qualify as institutions providing an educational alternative to public schools, the private school beneficiaries must continue to comply with the state's reporting and testing requirements.

E.F. v. Mayor Eric Adams

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

“[T]here are really two discrete types of sovereign immunity: Eleventh Amendment immunity from suit in federal court, and a general sovereign immunity against all suits.” Coniff v. … Namely, this protection does not apply if (1) a state waives its immunity; (2) Congress clearly abrogates state sovereign immunity; or (3) the suit is against a state official and seeks prospective relief.”

Carney v. NYS Division of Housing & Community Renewal

976 F. Supp. 259 · District Court, S.D. New York · Sep 22, 1997

Carney, was hired by DHCR to work in its Overcharge Unit investigating rent overcharge complaints of tenants and to establish the fair market value for those rentals. … Under Section 504 of the Rehabilitation Act, which prohibits discrimination, exclusion, or denial of benefits to otherwise qualified handicapped individuals, the Second Circuit has held that such claims are governed by the

United States v. Caruso

415 F. Supp. 847 · District Court, S.D. New York · Jul 1, 1976

That purpose was clearly achieved in the investigation at issue here. The affidavit adequately explained to the issuing judge why traditional investigative techniques alone would have been unlikely to succeed. … The provisions of §§ 2517(1), (2), relied upon by the government, presumably immunize law enforcement officers from criminal and civil liability under §§ 2511, 2520 for their intra-of-fice use of tapes; they do not compel