Case law

Gill-Drayton v. New York State Education Department

District Court, S.D. New York · Mar 20, 2025

“It is well established that [NYSED] is an agency of the State of New York, and thus an arm of the state for purposes of sovereign immunity.” D.J. by Comfort v. Corning-Painted Post Area Sch. Dist., 722 F. … “[I]t is [also] well established that Congress has not validly abrogated the states’ sovereign immunity for claims arising under Title I [of the ADA]” and that “New York [has not] waived its immunity.” Yerdon v.

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

VTT Vulcan Petroleum, S.A. v. Langham-Hill Petroleum, Inc.

684 F. Supp. 389 · District Court, S.D. New York · May 19, 1988

It is well established that a defendant is “found within the district,” in the context of this maritime Rule, only if the defendant “can be found within the district in terms of jurisdiction” and “can be found for service … In Seawind, the fact that the contract was made and allegedly breached in New York meant that the defendant “could clearly be made subject to suit in New York, even in the absence of a resident agent expressly authorized

NICHOLS-MORRIS CORPORATION v. Morris

174 F. Supp. 691 · District Court, S.D. New York · Jun 24, 1959

To suggest that one can, by disregard of his duty, immunize himself from fiduciary responsibility would undermine the strict code of trustee con *697 duct the Courts have steadfastly enforced. … No substantial damage has been established by plaintiff, but the defendant’s action requires the imposition of some damages, which are fixed at $1,000.

United States v. Mount Sinai Hospital

185 F. Supp. 3d 383 · District Court, S.D. New York · May 4, 2016

The burden is on the party resisting discovery to establish the facts necessary to show that the privilege applies and that it has riot been waived." General Motors, 80 F.Supp.3d at 533 ; see also Denney v. … Relators argue that the timing of these notes is not sufficient to render them immune from discovery, because they “incorporate the subject-matter of the investigation” and therefore fall within the scope of defendants’ waiver

Sattar v. Johnson

129 F. Supp. 3d 123 · District Court, S.D. New York · Sep 11, 2015

The minimum qualifying score was. 70. Promotion Plan at US-00170. The pool of applicants was then evaluated, and a list of the “best qualified” candidates was selected. … He testified at his deposition following the filing of this lawsuit that both Smith and Sattar were qualified for the position, but that Sattar was more qualified based on his performance in the interview. PI.

Williams v. Barometre

District Court, S.D. New York · Mar 28, 2022

Defendants also argue that Barometre is entitled to qualified immunity against such claims. (See id. 10–11.) … immunity.

Freedman v. Barrow

427 F. Supp. 1129 · District Court, S.D. New York · Nov 4, 1976

It became essential to establish accruals and reserves for every known contingency or foreseeable event which, if omitted, might result in overstated income. … The 1973 Incentive Plan clearly stated in Section X that: “A qualified option, which was granted under a shareholder approved stock option plan and has neither been fully exercised nor lapsed, may be amended with the mutual

Pitts v. Black

608 F. Supp. 696 · District Court, S.D. New York · Oct 9, 1984

Clearly then, the disenfranchisement of the homeless must be justified on some other ground. … sufficient relationships with those shelters qualify as residential addresses.

MacNamara v. City of New York

275 F.R.D. 125 · District Court, S.D. New York · May 19, 2011

Accordingly, the Court finds that the proposed class counsel is “qualified, experienced, and able to conduct the litigation.” Baffa, 222 F.3d at 60. … 1661 , 114 L.Ed.2d 49 (1991), in which the Supreme Court held that “judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement” and therefore “be immune

Messinger v. JPMorgan Chase Bank, N.A.

126 F. Supp. 3d 376 · District Court, S.D. New York · Aug 28, 2015

Chase’s Consumer Banking Marketing Department generated a spreadsheet of all Chase customers who made qualifying deposits for the U.S. … At the first step, the plaintiff must establish a prima facie case of dis *383 crimination by showing that (1) he was within the protected age group, (2) he was qualified for the position, (3) he suffered an adverse employment

Child v. Beame

412 F. Supp. 593 · District Court, S.D. New York · Feb 20, 1976

As to establishing the claimed right, the argument is twofold. … Thus, defendants seek to invoke, as to all the defendants, including the agency administrator defendants, the qualified “good faith” immunity from private actions for damages presently recognized for certain public officials

Hurd v. JCB International Credit Card Co.

923 F. Supp. 492 · District Court, S.D. New York · Apr 15, 1996

Defendant has moved for summary judgment, stating that plaintiff has failed to establish a prima facie case of either gender or age discrimination because she has failed to establish that she was qualified for the promotion … As the Second Circuit stated clearly in Tomka, supra, a close correlation in time between the protected act and the purported retaliatory treatment “supports an inference of discrimination sufficient to establish a pri-ma

Cooper

District Court, S.D. New York · Nov 12, 2025

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 … dismissing as frivolous a complaint that alleged that clerk of the New York Supreme Court, Kings County, refused to accept applications for a writ of habeas corpus, and noting that “many courts have accorded clerks only a qualified

Gendalia v. Gioffre

606 F. Supp. 363 · District Court, S.D. New York · Mar 29, 1985

In light of the statute’s clearly permissive language, the absence of any proof or allegation of the enactment of any Town Ordinance to implement a system of payments for unused vacation and sick leave, and the holding in … of a proper § 1985 claim is that the defendants were conspiring “for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities

United States v. 27.09 Acres of Land, More or Less, Situated in Harrison

808 F. Supp. 1030 · District Court, S.D. New York · Dec 7, 1992

,” 27.09 Acres II, 760 F.Supp. at 353 . 2 Of course, the more clearly established the governing law was at the time of the agency’s determination, and the more clearly it dictated a result in favor of the private litigant … In addition, “[t]he EAJA, as a waiver of sovereign immunity, *1037 must be strictly construed and not enlarged beyond what a fair reading of the language requires.”

Serrapica v. City of New York

708 F. Supp. 64 · District Court, S.D. New York · Mar 14, 1989

On February 5,1987, the Department of Sanitation found the plaintiff to be medically not qualified. … As the medical testimony clearly established, a poorly controlled diabetic poses an unpredictable risk of suffering a hypoglycemic reaction on the job, creating hazards to the individual, his or her co-workers and the public

Presbyterian Church of Sudan v. Talisman Energy, Inc.

226 F.R.D. 456 · District Court, S.D. New York · Mar 25, 2005

Schwartz, asserting that Sudan enjoys sovereign immunity in this case and stating that it “does not intend to appear or participate in the lawsuit in any manner.” … Predominance will be established if “resolution of some of the legal or factual questions that qualify each class member’s case as a genuine controversy can be achieved through generalized proof, and if these particular issues

Gabel Ex Rel. LG v. Board of Educ. of Hyde Park

368 F. Supp. 2d 313 · District Court, S.D. New York · May 10, 2005

The defendants in that case had moved for summary judgment on the Section 504 claims on the basis of qualified immunity, to which file court held they were entitled because their actions were reasonable in light of plaintiffs … clearly established rights.

Securities & Exchange Commission v. Beacon Hill Asset Management LLC

231 F.R.D. 134 · District Court, S.D. New York · Aug 3, 2004

or immunity that is claimed.” … of the privilege or immunity that is claimed.”).