Case law

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

Scott v. Memorial Sloan-Kettering Cancer Center

190 F. Supp. 2d 590 · District Court, S.D. New York · Feb 28, 2002

Bertino gave her a “Below Expectation” job evaluation, but that he changed it to “Clearly Outstanding” after plaintiff confronted him. In February 2000, after Dr. … mental limitations of an otherwise qualified individual with a disability who is an applicant or employee ...")

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.”).

Carbonell v. Acrish

154 F. Supp. 2d 552 · District Court, S.D. New York · Apr 18, 2001

Included in the New Action was a claim that DOCS failed to immunize Carbonell against Hepatitis B in violation of the medical standard of care which “required that persons with Hepatitis C be immunized against Hepatitis B … Although Nicholas contends that the charges of excessive prisoner litigation are exaggerated, Congress’s conclusion to the contrary is amply supportable and clearly reasonable.

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.

United States v. Heatley

39 F. Supp. 2d 287 · District Court, S.D. New York · Nov 12, 1998

Clearly, if her supervisors were not kept so informed, they would have no way of making this assessment. … There being no promise and no agreement that Heatley would receive immunity in exchange for cooperation, there can be no equitable immunity. See United States v.

Karpova v. Snow

402 F. Supp. 2d 459 · District Court, S.D. New York · Oct 28, 2005

The court rejects this argument as baseless and contrary to well-established law. … Plaintiff's solicitation of funds was certainly a "communicative action or activity” "involving two or more persons,” and thus clearly qualifies as a "transaction.” 2 .

Roberts v. Ground Handling, Inc.

499 F. Supp. 2d 340 · District Court, S.D. New York · Mar 30, 2007

In order to establish a prima facie case for interference under the FMLA, a plaintiff must establish: “ ‘(1) that she is an “eligible employee” under the FMLA; (2) that defendants constitute an employer under the FMLA; (3 … The employer has the duty to clearly request from the applicant or employee any documentation that is needed.”); cf. Jackan v. N.Y.

In Re Vacontios'petition

155 F. Supp. 427 · District Court, S.D. New York · Sep 30, 1957

Notwithstanding the provisions of section 318, a person entitled to claim the exemptions contained in this paragraph shall not be required to establish a lawful admission for permanent residence.” … Some did not have the requisite sea duty prior to September 23, 1950 and were therefore clearly-ineligible.

In Re Fosamax Products Liability Litigation

645 F. Supp. 2d 164 · District Court, S.D. New York · Jul 27, 2009

Similarly, he need not be an expert on drug labeling to interpret clinical *194 trial data and opine on whether it was clearly and accurately conveyed in a drug’s label. … Dempster is qualified to offer his opinions on the biological mechanism of bone and the effects of Fosamax on bone, including whether or not bisphosphonates have been scientifically established to be associated with or to

Buitrago v. Scully

705 F. Supp. 952 · District Court, S.D. New York · Jan 31, 1989

United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) (prosecutor responsible to know of promise of immunity given to a witness by another prosecutor in the same office). … Yet Buitrago’s claim does not qualify even under the Sanders’ rule because he has failed to establish that Detective Edwards’ testimony was in fact perjured.

Rose

District Court, S.D. New York · Mar 30, 2026

immunity. … Mar. 9, 2026) (“The Court is unaware of any clearly established law which states that a . . . prosecutor’s office cannot hold onto physical property of another for the purpose of determining its evidentiary value in a

National Day Laborer Organizing Network v. United States Immigration & Customs Enforcement Agency

811 F. Supp. 2d 713 · District Court, S.D. New York · Aug 8, 2011

“First, whereas Exemption 6 requires that the invasion of privacy be ‘clearly unwarranted,’ the adverb ‘clearly’ is omitted from Exemption 7(C) ... … As a result, my selection of January 27, 2010 was clearly erroneous.

Bielinski v. Hotel Pierre

591 F. Supp. 2d 541 · District Court, S.D. New York · Oct 27, 2008

Plaintiffs’ Prima Facie Case The record demonstrates, and defendant concedes, that both plaintiffs have established a prima facie case of age discrimination. … Defendant’s Non-Discriminatory Reasons Defendant explains that Laut received the Banquet Captain position because of his superior performance in the interview process. 112 According to defendant, Laut most clearly exhibited

Jernigan v. Dalton Management Co.

819 F. Supp. 2d 282 · District Court, S.D. New York · Jul 29, 2011

Jernigan Is a Qualified Individual 1. … Thus, it is reasonable to infer that Jernigan was a qualified individual — able to perform all of his position’s essential functions — for purposes of making an ADA claim. 3.

Jhagroo v. Brown (John Doe)

District Court, S.D. New York · Jan 27, 2020

Qualified Immunity Defendants have raised the affirmative defense of qualified immunity, which protects governmental officials from civil liability so long … as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have been aware.

United States v. McGuire

249 F. Supp. 43 · District Court, S.D. New York · Dec 9, 1965

Asta-King, Tamarac and Haratine each purported to qualify for the exemption from registration provided by Regulation A. … All of these overt acts were part of the efforts of defendants to make sales of Haratine stock and were clearly to effect the object of the conspiracy.

Adkins v. Stanley

307 F.R.D. 119 · District Court, S.D. New York · May 14, 2015

Rule 23(b)(3) lists four factors that “clearly implicate the superiority inquiry.” Sykes, 780 F.3d at 82 . … Ability-to-Repay and Qualified Mortgage Standards under the Truth in Lending Act, 78 Fed.Reg. at 6416. .

Jessamy v. City of New Rochelle, New York

292 F. Supp. 2d 498 · District Court, S.D. New York · Nov 19, 2003

In that position, plaintiff was responsible for coordinating the residential rehabilitation program, which provided City-subsidized home improvement loans to qualified City residents. (Defs. … To establish a prima facie case of discrimination, a plaintiff must establish that: (1) he or she is a member of a protected class; (2) he was qualified for the position; (3) he suffered an adverse employment action; and

Schuster v. Dragone Classic Motor Cars, Inc.

98 F. Supp. 2d 441 · District Court, S.D. New York · May 23, 2000

Defendants’ allegations, if true, clearly would establish the agreement of all parties to a new contract and the extinguishment of the old contract. … Unjust Enrichment In order to prevail on the unjust enrichment claim, plaintiff must establish that (1) defendants were enriched, (2) the enrichment came at plaintiffs expense, and (3) defendants’ failure to pay plaintiff