Case law

Gilman v. Marsh & McLennan Companies, Inc.

868 F. Supp. 2d 118 · District Court, S.D. New York · Jun 15, 2012

immunity. … Parties to a contract may elect to limit claims by a period shorter than that provided in statute, but “the intention to establish a shorter period must be clearly set forth in the contract.” Hurlbut v.

R.F.M.A.S., Inc. v. So

748 F. Supp. 2d 244 · District Court, S.D. New York · Oct 12, 2010

Damages (a) Smith Is Not Qualified to Make Financial Projections. Plaintiff has adduced no evidence that Mr. Smith is qualified to make financial projections. … of future periods, one commonly establishes the value of those rights in the present period.

Carruthers v. Flaum

365 F. Supp. 2d 448 · District Court, S.D. New York · Mar 31, 2005

Shinnecock, supra, 280 F.Supp.2d at 7 (holding that issues of sovereignty and immunity are matters of federal law). Absent federal recognition, the Unke-chaug do not enjoy sovereign immunity. … To the extent that the “B” agreements relate to gaming operations, they are clearly invalid and *468 unenforceable.

Williams v. Interstate Motor Freight Systems

458 F. Supp. 20 · District Court, S.D. New York · Sep 27, 1978

Thus, I must decide whether plaintiff has established a prima facie case under Sections 1981 and 1982 against Interstate and the Commission. … In order for plaintiff to make out a prima facie case, he must establish that 1) he belongs to a racial minority; 2) he applied and was qualified for a job for which the employer was seeking applicants; 3) despite his qualifications

Grinnell Corp. v. ITT Corp.

222 F.R.D. 74 · District Court, S.D. New York · Apr 8, 2003

These letters are clearly legal communications between an attorney and his client. Therefore, Tyco’s motion to compel will be denied as to the correspondence. II. … This does not establish that ITT did not anticipate this litigation; to the contrary, it establishes that ITT viewed it as a very real possibility, albeit not “automatically” certain.

McWilliams v. Monroe

District Court, S.D. New York · Jan 16, 2025

In the Westchester action, the state court was charged with determining whether Thomsen, a supervisor and caseworker for Cortland County Child Protective Services, was entitled to qualified immunity for his conduct during … The court therein found Thomsen’s arguments persuasive that he was “immune from liability pursuant to Social Services Law 419” which “affords [qualified] immunity to those participating in the investigation of child abuse

United States v. Polanco

37 F. Supp. 2d 262 · District Court, S.D. New York · Feb 10, 1999

Section 3El.l(a) of the Sentencing Guidelines provides for a two-level downward adjustment "[i]f the defendant clearly demonstrates acceptance of responsibility for his offense.” U.S.S.G. § 3El.l(a). … The entry of a guilty plea does not automatically qualify a defendant for such an adjustment. See id. Application Note 3. 3 .

Reich v. Lopez

38 F. Supp. 3d 436 · District Court, S.D. New York · Aug 18, 2014

With respect to the Travel Act and FCPA violations, RICO provides an exhaustive list of qualifying predicate acts and the latter is notably absent. See 18 U.S.C. § 1961 (1). … Under that standard, if an enterprise formed in another nation sent emissaries to the United States to engage in domestic ... violations of the various RICO predicate statutes, its participants would be immune from RICO liability

Vega v. Schweiker

558 F. Supp. 52 · District Court, S.D. New York · Feb 2, 1983

The evidence clearly established that it was necessary to remand the case because the Secretary had neglected his duty to provide the non-English speaking, essentially uneducated claimant, who was not represented by an attorney … The statute provides a maximum rate of $75 per hour “unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the procedures involved

In Re Modafferi

45 B.R. 370 · District Court, S.D. New York · Jan 9, 1985

Stocker, 380 F.2d 123, 127 (10th Cir.1967) (financing statement form could not qualify as a security agreement due to lack of evidence of debtor’s intent to grant security interest in property); In re Center Auto Parts, 6 … The U.C.C.’s requirements for the creation of a security interest are simple and clearly set forth.

Johnson v. Doty

District Court, S.D. New York · May 16, 2019

Defendants further argue that they are entitled to qualified immunity. (Defs.’ Mem. 20.) … Accordingly, the Court declines to consider at this time whether Defendants are protected by qualified immunity.

City of Merced Redevelopment Agency v. ExxonMobil Corp.

674 F. Supp. 2d 494 · District Court, S.D. New York · Dec 8, 2009

This provision offers them immunity from claims that the additive is defective in design or manufacture. … Rutherford, 332 F.2d 444 (2d Cir.1964) ("As applied to the act of which appellant was found guilty, the act is clearly constitutional.

In Re Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd.

389 B.R. 325 · District Court, S.D. New York · May 27, 2008

The Bankruptcy Court also ruled that the Cayman Islands liquidation proceedings did not qualify as foreign non-main proceedings, based on the conclusion that the Funds do not have an “establishment” in the Cayman Islands … The Facts Found Support the Denial of Main Recognition The factual findings of the court below will not be overturned unless they are “clearly erroneous.” Fed. R. Bankr. Proc. 8013.

Prosper

District Court, S.D. New York · May 20, 2026

So if Section 1367(a) was satisfied in Jones, it clearly is satisfied here. Prosper’s arguments to the contrary are off base and unavailing. … “To establish a malicious prosecution claim under New York law, a plaintiff must prove (1) the initiation or continuation of a criminal proceeding against plaintiff; (2) termination of the pro- ceeding in plaintiff’s favor

United States v. Craig

266 F. 230 · District Court, S.D. New York · Mar 8, 1920

But neither in the cases above cited nor in any other case in the American or English Reports can there be found any decision which holds that there is a privilege, absolute or qualified, to commit contempt of court. … Such conduct, however futile in its results, clearly constitutes “an obstruction to the administration of justice.”

Peterson v. Continental Casualty Co.

77 F. Supp. 2d 420 · District Court, S.D. New York · Dec 8, 1999

The Shortr- and Long-Term Disability Plans During the period Peterson was employed by CBS, he was covered under Short-Term and Long-Term disability plans established and maintained by CBS. … Where the plain language of the plan points clearly to one interpretation, an Administrator would be acting in an arbitrary and capricious manner if he were to adopt a contrary interpretation. See Miles v.

Reynolds v. Goord

103 F. Supp. 2d 316 · District Court, S.D. New York · Jul 13, 2000

It is clearly irrational to confine “PPD refusers” in TB Hold on the ground it is necessary to protect others’ health. … While pulmonary tuberculosis constitutes roughly 85% of the tuberculosis found in those with intact immune systems, it constitutes only about 40% of the cases in those with compromised immune systems. 4 .

Bader v. Wells Fargo Home Mortgage Inc.

773 F. Supp. 2d 397 · District Court, S.D. New York · Mar 29, 2011

to his team and Wells Fargo” despite the fact that he did not formally qualify to attend. … However, the New York Court of Appeals has clearly held that Section 193 applies only to wages and not to any compensation paid to an employee. See Hudacs v.

JSC Foreign Economic Ass'n Technostroyexport v. International Development & Trade Services, Inc.

220 F.R.D. 235 · District Court, S.D. New York · Mar 25, 2004

Edwards for depositions were clearly erroneous or contrary to law. … A corporate employee or agent who does not qualify as an officer, director, or managing agent is not subject to deposition by notice. Dubai Islamic Bank v.

Sutton v. CitiMortgage, Inc.

228 F. Supp. 3d 254 · District Court, S.D. New York · Jan 12, 2017

In doing so, the Bureau intended to establish servicer procedural requirements for error resolution and information requests that are consistent with the requirements applicable to a “qualified written request” *263 that … as a [qualified written request] or notice of error.”).