Case law

Hutchison

District Court, S.D. New York · Feb 17, 2026

Qualified immunity nevertheless shields officers from liability unless their conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” … Nor can the Court conclude that Officer Martinez is entitled to qualified immunity.

Encarnacion v. Irby

District Court, S.D. New York · May 9, 2022

May 1, 2008) (court clerks enjoy absolute immunity “if the task was undertaken pursuant to the explicit direction of a judicial officer or pursuant to the established practice of the court” (citing Rodriguez, 116 F.3d at … It is not clear at this stage whether Foggie and the Doe clerk are entitled to only qualified immunity.

Sunbelt Rentals, Inc. v. Charter Oak Fire Insurance

839 F. Supp. 2d 680 · District Court, S.D. New York · Mar 14, 2012

Thus, to qualify for additional insured status under the Charter Oak Policy, Sunbelt must first establish the existence of a written contract executed by the parties pursuant to which Shepard agreed to name Sunbelt as an … Accordingly, Sunbelt qualifies as an “Insured” under the St.

Rosen Ex Rel. Egghead.Com, Inc. v. Brookhaven Capital Management Co.

113 F. Supp. 2d 615 · District Court, S.D. New York · Sep 29, 2000

In this connection, the Court of Appeals has declared: *624 The statute, as written, establishes strict liability for all transactions that meet its mechanical requirements. … To this end, Rule 16a-l(a)(l) clearly expresses an intent to exclude certain institutions and persons as well as a particular class of securities held by them from counting towards the ten percent holder threshold.

United States v. Flynn

106 F. Supp. 966 · District Court, S.D. New York · Jul 25, 1952

“no reason noted”, they were not only clearly valid but were, like “appearance and manner” overwhelmingly shown not to have been the basis of discrimination. … from the occupational breakdowns to establish the norm.

Hedges v. Obama

890 F. Supp. 2d 424 · District Court, S.D. New York · Sep 12, 2012

Why, instead, have made such a qualified statement regarding what are clearly First Amendment activities? … The balance of the hardships also clearly weighs in plaintiffs’ favor.

Departmental Disciplinary Committee for the First Judicial Department v. Shapiro (In Re Friedman & Shapiro, P.C.)

185 B.R. 143 · District Court, S.D. New York · Aug 8, 1995

. § 362 (B)(4), clearly exempt from removal and from the automatic bankruptcy stay provision, “... a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power....” … Even assuming arguendo that the disciplinary action qualifies as a core proceeding, that alone is insufficient to grant jurisdiction where jurisdiction is otherwise specifically prohibited.

Foley v. IRBsearch, LLC

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

This has been described as a “qualified immunity” afforded to CRAs against defamation claims that track FCRA violations unless the plaintiff can establish that the CRA acted with malice or willful intent to … Apr. 8, 2013) (“Thus, defendants have ‘qualified immunity against defamation actions,’ which can only be overcome where plaintiff shows that defendants have acted with malice or willful intent.”

Bowers v. Andrew Weir Shipping, Ltd.

810 F. Supp. 522 · District Court, S.D. New York · Dec 7, 1992

These terms have well-established meanings within the corporate reorganization context. … Darden clearly does not affect the vitality of Korea Shipping.

Stavis v. GFK Holding, Inc.

769 F. Supp. 2d 330 · District Court, S.D. New York · Jan 28, 2011

In order to establish a prima facie case of age discrimination, a plaintiff must show “(1) that she was within the protected age group. (2) that she was qualified for the position, (3) that she experienced adverse employment … Defendant concedes that Plaintiff was within the protected age group and that he was qualified for the position of U.S. Tax Director. (Def.’s Br. at 10.)

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.”

Roniger v. McCall

72 F. Supp. 2d 433 · District Court, S.D. New York · Dec 1, 1999

In Roniger I, it was held that Roniger’s § 1983 claims against both McCall and Scanlon in their individual capacities would be dismissed under the doctrine of “qualified immunity,” given that, as a policymaker, Roniger’s … asserted First Amendment right was not clearly established in 1994. 22 F.Supp.2d at 166 .

Rapoport v. Banco Mexicano Somex, S.A.

706 F. Supp. 207 · District Court, S.D. New York · Nov 28, 1988

Clearly all issues in this case will turn on the establishment of facts. … The record clearly belies any objection plaintiff may have on this ground.

Martin v. Sprint United Management Co.

273 F. Supp. 3d 404 · District Court, S.D. New York · Sep 27, 2017

Br. at 28, establish such control. Cf. Lawrence v. … Where the formal control factors considered as a whole clearly disfavor a finding of such control,, the Court may so find.

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.

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.

Houser v. Pritzker

28 F. Supp. 3d 222 · District Court, S.D. New York · Oct 2, 2014

Yellow Freight Sys., Inc., 646 F.2d 444, 451 (10th Cir.1981) (to establish standing, Title VII plaintiffs must show that “they were qualified for the positions that they sought”); Jones v. … To establish this presumptive entitlement to backpay, a Title VII plaintiff need only establish that he applied for the job and was not hired. Ass’n Against Discrimination in Emp’t, Inc. v.

United States v. Palestine Liberation Organization

695 F. Supp. 1456 · District Court, S.D. New York · Jun 29, 1988

The ATA, which became effective on March 21, 1988, 14 forbids the establishment or maintenance of “an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the … Here again, Congress provided no guidance for the interpretation of the ATA in the event of a conflict which was clearly foreseeable.

Miller Yacht Sales, Inc. v. M v. Vishva Shobha

494 F. Supp. 1005 · District Court, S.D. New York · Aug 12, 1980

The record establishes that the yacht was carried on deck. … This extension must be clearly expressed. Id. 359 U.S. at 305 , 79 S.Ct. at 771 . Toyomenka, Inc. v. S.S. Tosaharu Maru, 523 F.2d 518, 520-21 (2d Cir. 1975).

Carrasquillo

District Court, S.D. New York · Feb 18, 2026

Court Reporter “[C]ourt reporters are shielded from suit for civil damages as long as their conduct does not violate clearly established federal statutory or constitutional … Supp. 708, 720–23 (E.D.N.Y.1995) (holding that there is no clearly established right to an absolutely accurate transcript), aff'd, 100 F.3d 942 (2d Cir. 1996); Burrell v. Swartz, 558 F.