Case law

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 .

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).

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.

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.

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.”

Wheeler v. Artola

District Court, S.D. New York · Sep 23, 2019

Tr. 193. 30 The doctrine of qualified immunity protects government officials from suit if "their conduct does not violate clearly established statutory or constitutional … The issues on qualified immunity are: (1) whether plaintiff has shown facts making out violation of a constitutional right; (2) if so, whether that right was "clearly established"; and (3) even if the right was

Gentile v. United States Trucking Corp.

355 F. Supp. 960 · District Court, S.D. New York · Jan 10, 1973

“Regarding the vacation and holiday benefits, the work requirements were fulfilled and all that was left in order to qualify was tenure — the passage of time. . . . … American Airlines Inc., 457 F.2d 1253 (9th Cir. 1972) — the instant case is clearly distinguishable from Accardi and Eagar on its facts.

Donovan v. UMIC, INC.

580 F. Supp. 1455 · District Court, S.D. New York · Feb 28, 1984

In support, plaintiffs cite Internal Revenue Code section 411(d)(3) which provides that upon the “termination or partial termination [of a qualified plan] the rights of all affected employees to benefits accrued to the date … As UMIC points out, Articles II and XIII of the Plan expressly and clearly designate the Trustees as the sole manager’s of the pension trust assets. The Trustees, however, were not named as a defendant in this suit.

The New York Times Co. v. Gonzales

382 F. Supp. 2d 457 · District Court, S.D. New York · Mar 2, 2005

Since the government has failed to carry its burden with respect to the three prongs of the Petroleum Products test, it has established no basis for overcoming The Times’ qualified reporter’s privilege. 3. … See id.; see also In re Williams, 766 F.Supp. at 371 (stating that the government’s compliance with the Guidelines is relevant to the question of whether it has established a basis for overcoming a qualified reporter’s privilege

American Can Co. v. Bowers

33 F.2d 187 · District Court, S.D. New York · Oct 26, 1928

products; and that to value their stock of tin plate at the current high cost or market under such a situation was unsound; and that to avoid risk of overstating their incomes and overvaluing their assets they accordingly established … me that the reasonable construction of 13(d) wherein it provides that the books and return must reflect income is that the taxable income must be computable from the basis of accounting adopted, not that such a return is immune

Bankruptcy Services, Inc. v. Ernst & Young (CBI Holding Co.)

419 B.R. 553 · District Court, S.D. New York · Dec 4, 2009

This finding was not clearly erroneous. … Thus, its findings based on these determinations are not clearly erroneous.

Life Music, Inc. v. Wonderland Music Company

241 F. Supp. 653 · District Court, S.D. New York · May 24, 1965

The significance of this is not that defendants are immunized from infringement liability if they, in fact, copied from plaintiffs ; a copier can hardly escape liability merely by asserting his right to appropriate the underlying … When, as here, this is not the case, and plaintiffs have also not clearly established their rights- at this early stage of the litigation, see Christie v.

Murphy v. Spaulding

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

immunity. … The Court will not opine on whether Defendants are entitled to qualified immunity, however, because Plaintiff has not plausibly pled that Defendants violated his constitutional rights. See Posr v.

Williams v. Essex

District Court, S.D. New York · Jan 18, 2022

Gage, 2019 WL 6251364, at *6 (“Given the absence of guidance from the Supreme Court and the Second Circuit, Defendants are entitled to qualified immunity because there is no clearly established right under the First Amendment … Br. at 21-23 (arguing for dismissal based on qualified immunity)). 235946 (N.D.N.Y. Jan. 25, 2021).

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.

United States v. Cole

325 F. Supp. 763 · District Court, S.D. New York · Apr 14, 1971

The defendants thus say that, “The decision to focus and intensify upon the income tax affairs of Marvin Cole was clearly the result of violations of Mr. … Each of the items of proof used to establish the tax evasion, perjury and conspiracy was accounted for as to source.

Gibbons v. FRONTON

661 F. Supp. 2d 429 · District Court, S.D. New York · Sep 24, 2009

Because Sterling Medical Corporation was found to be an independent contractor, the United States had not waived sovereign immunity with respect to vicarious liability claims. Id. at 454 . … Because Gibbons made the reverse mistake, his case does not qualify for this type of equitable tolling.

Cruz v. AAA Carting & Rubbish Removal, Inc.

116 F. Supp. 3d 232 · District Court, S.D. New York · Jul 16, 2015

intended to deprive the courts of jurisdiction where a defendant employer qualifies for an exemption under the FLSA.”). … There are two general methods of establishing sufficient involvement in interstate commerce.

Staff v. Pall Corp.

233 F. Supp. 2d 516 · District Court, S.D. New York · Nov 13, 2002

In order to make out a prima facie case of discrimination, a plaintiff must establish that: (1) he is a member of a protected class; (2) he was qualified for the position; (3) he suffered an adverse employment action; and … Disparate treatment with respect to one’s salary would clearly constitute an adverse employment action.