Case law

Santos

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

Because “[t]he doctrine of sovereign immunity is jurisdictional in nature . . . to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver.” Id. … The Government has established that it did not waive sovereign immunity for maintenance of the sidewalk at 1771 Andrews Avenue.

Intellectual Property Watch v. United States Trade Representative

134 F. Supp. 3d 726 · District Court, S.D. New York · Sep 25, 2015

Again, whether the with-holdings here so qualify is the same analysis as whether they qualify under Exemption 4. … The Court agrees that it is unclear how descriptions of meetings or advocacy in favor of language from other trade agreements would qualify as “commercial or financial.” 14 USTR has thus fallen short of *745 establishing

Ramrattan v. The State of New York

District Court, S.D. New York · Jan 6, 2022

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity . . . .” … New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983. See Trotman v.

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.

Johns v. Home Depot U.S.A., Inc.

221 F.R.D. 400 · District Court, S.D. New York · Apr 21, 2004

Plaintiffs proposed amendments clearly show that he can prove no set of facts that would support his claim against Home Depot pursuant to § 1985(2). … Plaintiffs motion for leave to amend the amended *408 complaint as to these claims is denied, for clearly any such claims would be futile.

United States ex rel. Patti v. Curran

22 F.2d 314 · District Court, S.D. New York · May 10, 1926

From what has been said, it appears that the aliens were not in any of the excluded classes, and so far as all personal characteristics are concerned wore qualified to enter the country as desirable aliens. … This was clearly contrary to the express provisions of section 10 (£), and the facts upon which the aliens’ right to enter depended should have been determined upon the testimony, independently of the permits.

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.

Raiola v. Union Bank of Switzerland, LLC

230 F. Supp. 2d 355 · District Court, S.D. New York · Jul 9, 2002

; (2) she is qualified for the position; (3) she was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving rise to an inference of discrimination based on her sex. 3 See Bazile … Coleman’s notes were clearly ‘pertinent and material’ because they reflected Anto-lini’s opinion about Raiola’s qualifications and performance.

E.F. Hutton Group, Inc. v. United States Postal Service

723 F. Supp. 951 · District Court, S.D. New York · Mar 2, 1989

All mail means all mail unless it is qualified in some way. … Whatever that was, it should have been stated clearly. Instead, Mr.

Costello v. Pan American World Airways, Inc.

295 F. Supp. 1384 · District Court, S.D. New York · Feb 11, 1969

On 16 October 1962, by order of the Referee in Bankruptcy, TAL was adjudicated a bankrupt and John Costello was appointed and then qualified as trustee of TAL. … Yet the defendants would have the time limit continue to run against the Debtor or its Receiver after the trustee had qualified.

Credit Lyonnais v. Getty Square Associates

876 F. Supp. 517 · District Court, S.D. New York · Feb 2, 1995

Similarly, courts have allowed pooling by several foreign states in the context of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1603 et seq., which also defines a “foreign state” under Section 1603. … Marshall, 530 F.Supp. 351, 371 (S.D.N.Y.1981) (an unincorporated not-for-profit association of British West Indian governments qualified as an agency of a foreign state under section 1603). Also, in Linton v.

Searles v. First Fortis Life Insurance

98 F. Supp. 2d 456 · District Court, S.D. New York · May 24, 2000

coverage and monthly maximum, and the criteria that establish disability. 41 This is sufficient involvement on Transource’s part to require a finding that Transource established the plan. 42 Thus, unless the “safe harbor … The Court acknowledges plaintiffs point that it is 41 pages long, but defendant sets forth the material facts clearly and, perhaps given the fact that the administrative record from which such facts are drawn is more than

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.

Newsom-Lang v. Warren International, Inc.

249 F. Supp. 2d 292 · District Court, S.D. New York · Mar 6, 2003

To establish a prima facie case, a plaintiff must show (1) membership in a protected class, (2) that she was performing her job in a satisfactory manner or was qualified for the position sought, (3) that she suffered an adverse … Failure to Promote Denial of a promotion is, by contrast, clearly an adverse employment decision. Cf. Mauro v.

Zubair v. EnTech Engineering P.C.

808 F. Supp. 2d 592 · District Court, S.D. New York · Aug 17, 2011

In order for Zubair to be considered exempt as a Learned Professional, Defendants must establish that Zubair’s employment met both a salary test and a duties test. … Defendants’ conclusory statement that Zubair qualifies as a “professional” under the highly compensated employee exemption, without reference to any support in the record, fails to satisfy their burden of establishing that

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.

Morales-Horowitz

District Court, S.D. New York · May 15, 2026

Indeed, the Second Circuit has established that at least in Section 1983 cases, “local New York state judges of limited jurisdiction enjoy the same immunity accorded to judges of general jurisdiction.” … Clearly, judicial immunity bars these claims against Judge Morales-Horowitz.

Manuel v. The State of New York

District Court, S.D. New York · Sep 28, 2020

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity when acting pursuant … To establish a violation under Title II, a plaintiff must plausibly allege that (i) she is a “qualified individual” with a disability; (ii) defendants are subject to the ADA; and (iii) the plaintiff was denied the opportunity

Tribune Co. v. Purcigliotti

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

Immunity A. … immunity doctrine.

Booker v. Griffin

District Court, S.D. New York · Jun 7, 2019

First Amendment retaliation claims Defendants Griffin and Demo were not entitled to qualified immunity, however, from Plaintiff’s First Amendment retaliation claims because it was clearly … immunity.