Case law

Meyer v. Macmillan Publishing Co.

95 F.R.D. 411 · District Court, S.D. New York · Sep 23, 1982

certified: “The fact that ... hiring and promotion decisions of the sort here hinge upon a variety of ‘subjective factors’ would be true of any case involving professional level employment; such factors cannot serve to immunize … Adequacy Having observed plaintiffs’ counsel over a period of time, we are satisfied that they are qualified to conduct this litigation.

De Los Santos v. City of New York

482 F. Supp. 2d 346 · District Court, S.D. New York · Apr 3, 2007

Pasquerel-li is entitled to qualified immunity on Plaintiffs federal claims; and (4) Plaintiff fails to state a claim as to the state and municipal human rights laws. … Because the Court finds the Defendants’ motion should be granted on grounds (1) and (4), it need not address Defendant’s immunity theories expressed in grounds (2) and (3). III.

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

Ferguson v. Ford Motor Co.

77 F. Supp. 425 · District Court, S.D. New York · Apr 21, 1948

Ford Motor Company is a Delaware corporation qualified to do business in the .State of New York, maintaining a regular ■and established place of business in this district. … The Supreme Court has clearly established that federal courts do have inherent power to dismiss complaints on the ground of forum non conveniens. Gulf Oil Corporation v. Gilbert, 1947, 330 U.S. 501 , 67 S.Ct. 839 .

Shred-It USA Inc. v. Mobile Data Shred

222 F. Supp. 2d 376 · District Court, S.D. New York · Sep 16, 2002

This payment of one million dollars was to be in addition to the purchase price clearly written in the Asset Purchase agreement. … In the instant case, the record clearly establishes that the police were called for a proper purpose and thus, even if Bohbot’s name had been mentioned, his defamation claim would fail as a matter of law.

Ginx, Inc. v. Soho Alliance

720 F. Supp. 2d 342 · District Court, S.D. New York · Aug 19, 2010

Healey moves to dismiss on the merits and on the ground of qualified immunity. … There is no need to reach the issue of qualified immunity, because both the due process and the equal protection claims fail on their merits. A.

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

Wheeler v. DeYoung

District Court, S.D. New York · Jun 1, 2021

Qualified Immunity Defendants also argue they are entitled to qualified immunity with respect to plaintiff’s false arrest claim. … “The defense will succeed only where entitlement to qualified immunity can be established based solely on the facts appearing on the face of the complaint.” Id.

Williams v. City of New York

District Court, S.D. New York · Nov 18, 2021

The federal-law Defendants have defenses that they acted reasonably in response to a complaint as well as claims of qualified immunity. … Dismissal will facilitate the resolution of the claims against the federal-law Defendants under the Civil Rights Law and the defense of qualified immunity.

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.

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 .

Frey v. David

District Court, S.D. New York · Apr 21, 2021

It seems apparent to me that TSOs qualify as “officers” under these definitions. … It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.

Gendalia v. Gioffre

631 F. Supp. 509 · District Court, S.D. New York · Mar 31, 1986

While the District Court clearly and colorfully described the history of town government in New York State, a subject on which his expertise and knowledge were demonstrated, the Court of Appeals failed to affirm on the immunity … Instead the Court stated with respect to the defendants’ Rule 3(g) statement, “Those facts established adequate nonpolitical reasons for the actions complained of____” Id. at 84 .

Cuff Ex Rel. BC v. Valley Cent. School Dist.

714 F. Supp. 2d 462 · District Court, S.D. New York · May 26, 2010

Similarly, the speculation in Cuff II that B.C. might not have shown his drawing to other students, see 341 Fed.Appx. at 693, has now been definitively contradicted by undisputed evidence that establishes that not only did … For the foregoing reasons, defendants’ motion for summary judgment is hereby granted in its entirety, and there is thus no need for the Court to reach defendant Knecht’s assertion of qualified immunity.

Widomski v. State University

933 F. Supp. 2d 534 · District Court, S.D. New York · Mar 20, 2013

Title II Claim Plaintiff brings his discrimination claim pursuant to Title II of the ADA, which provides in relevant part: “[N]o qualified individual with a disability shall, by reason of such disability, be excluded from … Plaintiffs state law claim also may be barred on sovereign immunity grounds, because New York has not waived its Eleventh Amendment immunity for NYHRL suits in federal courts. (Def. Mem. at 17-19.) See Tuckett v. N.Y.

Kim v. Stephens

District Court, S.D. New York · Oct 27, 2021

Moreover, Prudential President Strangefeld, Vice President Feeney, and Managing Director Saccento are private parties who do not qualify as state actors for purposes of a federal claim under 42 U.S.C. § 1983. … Thus, as a matter of judicial efficiency and fairness, the complaint is subject to the well-established res judicata doctrine. Monahan v.

Barrett v. Forest Laboratories, Inc.

39 F. Supp. 3d 407 · District Court, S.D. New York · Aug 14, 2014

An individual plaintiff may prove disparate treatment under the familiar McDonnell Douglas framework 5 by first establishing “(1) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered … statements, she “understood” that he “was clearly advising her not to apply.”

Dong

District Court, S.D. New York · May 19, 2026

Third, in the alternative to the first two arguments, Greene contends that she is entitled to qualified immunity. Id. at 7-8. … Because the Court finds that Dong has failed to plead his Section 1983 claims, it need not address the additional argument for dismissal based on qualified immunity.3

United States v. Johnson

21 F. Supp. 2d 329 · District Court, S.D. New York · Aug 27, 1998

Although the Du-ren court did not clearly define the term “community,” it is generally accepted that *335 the term refers to the district or division where the trial is to be held. See United States v. … Of those that are returned, the Juiy Administrator examines the forms to determine if the potential jurors are qualified for service. Those who are found to be qualified are placed on the qualified wheel.

McGhan v. Ebersol

608 F. Supp. 277 · District Court, S.D. New York · Apr 12, 1985

[b]ut that something.,_was never clearly revealed; it certainly was not a fifty-percent interest in defendant’s business. … Even if MeGhan successfully establishes the existence of the requisite legal relationship between himself and Ebersol, however, he must also establish that the ideas for which he seeks compensation were both novel and concrete