Case law

E.I. Dupont De Nemours & Co. v. Jo Tankers, B.V.

172 F. Supp. 2d 405 · District Court, S.D. New York · Apr 30, 2001

[I]t clearly means more than error or misunderstanding with respect to the law. … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

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.

Equal Employment Opportunity Commission v. Local 14 International Union of Operating Engineers

415 F. Supp. 1155 · District Court, S.D. New York · May 6, 1976

If a formal apprentice program were established,. … Nor is there any business necessity for excluding those qualified on any piece of Local 14 equipment from an equal chance at employment on the equipment on which they are qualified. *1176 3) The 200 day experience requirement

Road Review League, Town of Bedford v. Boyd

270 F. Supp. 650 · District Court, S.D. New York · Apr 28, 1967

Upon the return of an order to show cause for that purpose on March 27, 1967, the State appeared and pleaded sovereign immunity. … It appears that in consideration of the open space needs of the county, the expenditure of an additional $4.8 million is rather clearly justified.”

Jeanette a v. Condon

728 F. Supp. 204 · District Court, S.D. New York · Dec 22, 1989

Regulations issued pursuant to the statute clearly set forth the restrictions on the use of such patient information. 42 C.F.R. § 2.13 states: (a) General. … However, the facts establish that the urinalysis was administered as “treatment” and as such the results are confidential patient records within the definition of the statute.

Church of Scientology of California, Inc. v. Green

354 F. Supp. 800 · District Court, S.D. New York · Feb 9, 1973

The proof clearly establishes that Allan Ferguson, the Executive Secretary Word Wide for Scientology, received, in England, a copy of the alleged libelous writ. … However, the publication in this instance is subject to a qualified privilege and is, therefore, permissible.

VFS Financing, Inc. v. Elias-Savion-Fox LLC

73 F. Supp. 3d 329 · District Court, S.D. New York · Dec 1, 2014

ERISA clearly applies to SRA/IRA plans. … No reports, other than those required under section 1021(g) of this title, shall be required with respect to a simple retirement account established pursuant to such a qualified salary reduction arrangement. .

Monterroso v. Sullivan & Cromwell, LLP

591 F. Supp. 2d 567 · District Court, S.D. New York · Oct 28, 2008

To state [that] I have not signed a release I am not in possession of is clearly another false statement. Mr. … Plaintiffs Status as an ADA Qualified Individual The ADA defines a qualified individual with a disability as someone who has an impairment that substantially limits one or more of the individual’s major life activities, or

Mitchell v. Fishbein

227 F.R.D. 239 · District Court, S.D. New York · Mar 31, 2005

In an Opinion and Order dated August 12, 2002, the district court dismissed all claims against the defendants on jurisdictional and immunity grounds. See Mitchell v. Fishbein, 216 F.Supp.2d 283, 287-290 (S.D.N.Y.2002). … However, they clearly would not have divulged this important information if they believed that it would be made public____ To turn [the screening] process into one in which judges and attorneys are asked to publicly comment

Trump

District Court, S.D. New York · Sep 9, 2025

He alleges that he has a “direct interest in ensuring that only constitutionally qualified candidates hold office.” (ECF 1 at 1.) … That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.”). any such threats.

Goonewardena v. New York Workers Compensation Board

258 F. Supp. 3d 326 · District Court, S.D. New York · Jun 28, 2017

To establish a prima facie case, Plaintiff must show that: (1) he is a member of a protected class; (2) he is qualified for his position; (3) he suffered an adverse employment action; and (4) the circumstances give rise to … In particular, while Plaintiff asserts that he was more qualified than his replacements, he has not provided evidence — other than his own testimony — that his replacements were less qualified for the position of Compensation

Danna v. New York Telephone Co.

752 F. Supp. 594 · District Court, S.D. New York · Nov 17, 1990

Vinson, the Supreme Court clearly established that Title VII affords employees the right to work in an environment free from discriminatory intimidation, ridicule and insult, and relief is not limited to economic or tangible … Green, 411 U.S. 792, 802 , 93 S.Ct. 1817, 1824 , 36 L.Ed.2d 668, 677 (1973)). 6 *614 To establish a prima facie case, Danna must show: “1) she belonged to a protected class, 2) she was qualified for her position, 3) she was

Washington v. Kellwood Co.

105 F. Supp. 3d 293 · District Court, S.D. New York · Apr 21, 2015

This agreement emphasized that “[i]t is specifically and clearly understood by the parties hereto that under- no circumstances shall *300 ... … In fact, Kellwood cannot establish any real efforts it made to perform under the “exclusive” license agreement.

Petition of Transrol Navegacao SA

782 F. Supp. 848 · District Court, S.D. New York · Dec 11, 1991

The arbitration panel found that Transrol was not rendered immune from the arbitrator’s award merely by its refusal to appear officially at the arbitration. … It clearly intended arbitration at that time.

Schanfield v. Sojitz Corp. of America

663 F. Supp. 2d 305 · District Court, S.D. New York · Oct 5, 2009

The former is clearly an adverse employment action, and Defendants do not suggest otherwise. … I can see absolutely nothing in this opinion that qualifies as confidential.

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.

In re Penn Central Commercial Paper Litigation

61 F.R.D. 453 · District Court, S.D. New York · Nov 29, 1973

It is well established that an attorney for a party may be deposed. See, e. g., United States v. Anderson, 34 F.R.D. 518, 522 (D.Colo.1963) (“[T]hat one is an attorney creates no immunity from depositions”); McCall v. … To qualify for the special immunity extended to work product, an item must fall within the framework of Fed.R.Civ.P. 26 (b)(3). 33 There are two readily discernible criteria under the rule.

Carter v. Akinyombo

District Court, S.D. New York · Jun 27, 2022

Qualified Immunity The qualified immunity doctrine protects federal and state officials from suit for acts undertaken in their official capacity if “(1) their conduct … does not violate clearly established 8 To assist in minimizing Plaintiff’s pain due to walking.

Westchester Radiological Associates P.C. v. Empire Blue Cross & Blue Shield, Inc.

707 F. Supp. 708 · District Court, S.D. New York · Feb 24, 1989

The restraint here is not clearly anticompetitive, and may be necessary to achieve a pro-competitive result. … For the reasons stated in this opinion, I believe that decision was erroneous and contrary to well-established antitrust precedent.

Roland v. City of New York

District Court, S.D. New York · Jun 3, 2024

Whether the individual defendants are entitled to qualified immunity A. … Legal framework Qualified immunity protects government employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory