Case law

Diaz v. Ward

437 F. Supp. 678 · District Court, S.D. New York · Sep 26, 1977

The dispositive issue on this motion is whether plaintiffs’ factual allegations, if established on the trial, would entitle them to some measure of relief. … The contention is clearly correct, and there can be no § 1983 jurisdiction over these defendants, whether the relief demanded be viewed as legal or equitable. City of Kenosha v.

In Re the Arbitration Between Atherton & Online Video Network, Inc.

274 F. Supp. 2d 592 · District Court, S.D. New York · Aug 1, 2003

“A legal principle clearly governs the resolution of an issue before the arbitrator if its applicability is ‘obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator … Brown, 246 F.3d 194, 202 (2d Cir.2001) (“A district court opinion affirmed by an unpublished table decision does not determine whether a right was clearly established.”).

Securities & Exchange Commission v. Bronson

14 F. Supp. 3d 402 · District Court, S.D. New York · Mar 31, 2014

Defendants assert that E-Lionheart qualifies as an institutional buyer and therefore falls within the Delaware law exemption. 8 (Defs.’ Mem. 10 n. 5.) … [F]or example, a defendant who was careful to spend all the proceeds of his fraudulent scheme, while husbanding his other assets, would be immune from an order of disgorgement.”

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.

Todd v. Exxon Corp.

126 F. Supp. 2d 321 · District Court, S.D. New York · Dec 27, 2000

[Companies] can use information derived from price and compensation surveys to price their services more competitively and to offer compensation that attracts highly qualified personnel. … Having failed to allege a plausible market, however, plaintiff clearly cannot demonstrate that defendants have sufficient market power.

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.”).

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.

United States v. Starzecpyzel

880 F. Supp. 1027 · District Court, S.D. New York · Apr 3, 1995

Kelly’s testimony clearly established that, FDEs are aware that forgery detection requires an adequate quantity of genuine writ *1045 ings to eliminate such possibilities. (Tr. at 34, 123-24, 130-31, 140.) … Clearly forensic document examination does not have the status of "scientific law.” See Jean M.

Whitmire v. Corbel & Co.

977 F. Supp. 290 · District Court, S.D. New York · Sep 24, 1997

Clearly, Whitmire is engaging in a business which ultimately furnishes “documents generated by computer, including qualified retirement and pension plans ... … Although the United States Supreme Court has established a more flexible modification standard for cases involving institutional reform, see United States v.

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.

Baum v. County of Rockland

337 F. Supp. 2d 454 · District Court, S.D. New York · Sep 22, 2004

Plaintiffs ADA and ADEA Retaliation Claim is Dismissed To establish a prima facie ease of retaliation under the ADA or ADEA, plaintiff must establish that 1) the employee engaged in an activity protected by the ADA, 2) the … Qualified Immunity Because plaintiffs § 1983 claims have been dismissed, I have no need to determine whether or not Dr. Voss is entitled to qualified immunity.

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

Stewart v. Medina

District Court, S.D. New York · Jun 20, 2024

New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting Section 1983. Trotman v. … immunity.

Sensytrol Corp. v. Radio Corp.

18 F.R.D. 279 · District Court, S.D. New York · Jun 28, 1955

I can conceive of the possibility that that state of facts might be so clearly established that requirement of material concerned might be excused on the ground that defendant was entitled to a protective order under Rules … That should be qualified by the addition of the words “by radio echo”.

AMVEST Capital Corp. v. Banco Central, S.A.

628 F. Supp. 1258 · District Court, S.D. New York · Jan 29, 1986

doing business establish itself as a “resident” for purposes of section 1404(a) of 28 U.S.C. … Clearly, from the perspective of the witnesses, it is far more convenient to hold the trial in the S.D.Fla.

Western Tankers Corporation v. United States

387 F. Supp. 487 · District Court, S.D. New York · Jan 22, 1975

action brought by its seaman employee, provided (1) the s'eaman was injured on the shipowner’s vessel, (2) the shipowner was potentially liable to the seaman and (3) the amount paid in settlement is reasonable. 13 Plaintiff clearly … established that Perry was severely injured on its vessel and that it faced potential liability for negligence and unseaworthiness.

Roberts v. EmblemHealth Neighborhood Care

District Court, S.D. New York · Sep 8, 2024

To establish a violation under the ADA, Plaintiff must show (1) that she is a “qualified individual” with a disability; (2) that Defendant is subject to the ADA; and (3) that she was denied the opportunity to participate … July 27, 2022) (dismissing complaint as barred by the doctrine of sovereign immunity); Roberts v. U.S. Dist. Ct. for the S.D.N.Y., ECF 1:22-CV-0127, 6 (S.D.N.Y.

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 .

Women's Committee for Equal Employment Opportunity v. National Broadcasting Co.

76 F.R.D. 173 · District Court, S.D. New York · Aug 31, 1977

Similar goals are established for the other salary grades in official and manager and/or professional job categories. … As our discussion of the settlement itself clearly indicates, the internal monitoring procedures are extensive, and the settlement in no way relieves NBC of its obligation to comply with the law.

Tribune Co. v. Purcigliotti

869 F. Supp. 1076 · District Court, S.D. New York · Nov 14, 1994

Immunity A. … immunity doctrine.