Case law

523 IP LLC v. CureMD.Com

48 F. Supp. 3d 600 · District Court, S.D. New York · Sep 24, 2014

The corollary to the statement “only the physician is qualified to make a decision regarding the handling of his patients by others,” is that only the physician himself or herself — and not another individual — is qualified … What is more, in order to obtain his patent, Sameh clearly and unambiguously told the PTO that the claimed “routing criteria” were based on priority.

Carner v. MGS-576 5th Ave. Inc.

992 F. Supp. 340 · District Court, S.D. New York · Jan 21, 1998

qualified beneficiary of his rights within 14 days of when the administrator was notified of the qualifying event. 29 U.S.C. 1166(e). 18 The qualified beneficiary is then given 60 days to elect to continue coverage after … Such sanctioning is clearly within this court's discretion pursuant to 29 U.S.C. § 1132 (c).

Dunham v. Philip Lobello

District Court, S.D. New York · Mar 10, 2021

Officer Lobello is Not Entitled to Qualified Immunity at this Stage of the Litigation A court will grant qualified immunity if “one of two conditions is satisfied: (a) the defendant’s action did not violate clearly … Thus, summary judgment on the basis of qualified immunity is precluded. II.

In re Pfizer Inc. Securities Litigation

282 F.R.D. 38 · District Court, S.D. New York · Mar 29, 2012

The record demonstrates clearly that the numerosity requirement is met. … Such knowledge and supervision are clearly sufficient to establish the Individual Plaintiffs’ adequacy.

Cortec Corp. v. Erste Bank Ber Oesterreichischen Sparkassen AG (Erste Bank)

535 F. Supp. 2d 403 · District Court, S.D. New York · Feb 11, 2008

In order to qualify for the CBRD program, EcoCortec was required to obtain financing through a “Tier I” bank. Id. … “The defendant bears the burden to establish clearly each factor ... and to demonstrate that the balance tilts strongly in favor of the purported alternative forum.” PT United Can Co., Ltd. v.

Yellowcake, Inc. v. Discos Aries LLC

District Court, S.D. New York · Sep 5, 2024

Expert or Consultant Qualified Persons. … Non-Qualified Persons.

Linsalata v. Clifford

290 F. Supp. 338 · District Court, S.D. New York · Aug 27, 1968

time of war or National emergency as declared by the President or the Congress, they contend that they could not be activated pursuant to the “when [the President] deems it necessary” clause inasmuch as that authority was established … contemplating the laws already in existence at that time rather than employing the “when” terminology which clearly looks to the future.

Vyrkin v. Triboro Bridge & Tunnel Authority

District Court, S.D. New York · Mar 2, 2021

Qualified Immunity The defendants argue that Officer Cabrera is protected from liability by qualified immunity. … “Qualified immunity protects public officials from liability for civil damages when one of two conditions is satisfied: (a) the defendant’s action did not violate clearly established

Delta Air Lines, Inc. v. A.I. Leasing II, Inc. (In Re Pan Am Corp.)

159 B.R. 396 · District Court, S.D. New York · Aug 20, 1993

by the United States Trustee, so are Trustees on the panel of Trustees as appointed by the United States Trustee and they don’t have immunity. … If Delta had not tacked the short paragraph moving in the alternative for leave to appeal onto its notices of appeal, Rule 8003(c) would clearly have applied. See, e.g., Escondido Mission Village L.P. v. Best Prods.

Encyclopedia Brown Productions, Ltd. v. Home Box Office, Inc.

25 F. Supp. 2d 395 · District Court, S.D. New York · Sep 24, 1998

Such arguments do not establish a basis for granting summary judgment against plaintiffs. See Rodriguez v. … Plaintiffs’ claim of harm based on positions taken by HBO in this litigation clearly does not “bear a ‘necessary, immediate and direct connection’ to the defendants’ infringement.”

King v. Town of Wallkill

302 F. Supp. 2d 279 · District Court, S.D. New York · Feb 13, 2004

and therefore is not a “qualified individual with a disability” under either statute. … To be a “qualified individual,” plaintiff bears the burden of proving that he is qualified to perform the essential functions of a police officer in the Town, with or without reasonable accommodation.

Hellenic Lines, Ltd. v. O'HEARN

523 F. Supp. 244 · District Court, S.D. New York · Sep 21, 1981

Jackson Engineering would easily qualify as an enterprise alone, as would Seregos individually. The third possibility is for Jackson Engineering and Seregos jointly to be the “enterprise.” … It was established in United States v.

Sharif Ex Rel. Salahuddin v. New York State Education Department

709 F. Supp. 345 · District Court, S.D. New York · Feb 7, 1989

At the time the Regents scholarship program provided an annual award of $1,000 to a limited number of highly qualified students. … Defendants concede that plaintiffs Hart, Capodice, and Bozon probably will qualify for Regents Scholarships if eligibility is determined by using equally weighted GPA and SAT scores but will not qualify if SAT scores are

Bruce Realty Company of Florida v. Berger

327 F. Supp. 507 · District Court, S.D. New York · May 28, 1971

But, as Professor Williston observed: “The Statute of Frauds was not enacted to afford persons a means of evading just obligations; nor was it-intended to supply a cloak of immunity to hedging litigants lacking integrity; … The original mortgage clearly defines Twin Reef Acres Limited as the mortgagor and Bruce Realty Company of Florida as the mortgagee.

Pearson v. Unification Theological Seminary

785 F. Supp. 2d 141 · District Court, S.D. New York · Mar 24, 2011

This is clearly a legitimate, non-diseriminatory reason for termination. See, e.g., Sista v. CDC Ixis N. … To establish a prima facie case, Pearson must show (1) UTS is subject to the ADA; (2) she was disabled; (3) she was qualified to perform the essential functions of her job, with or without reasonable accommodation; and (4

Wilson v. United States

767 F. Supp. 551 · District Court, S.D. New York · Jul 15, 1991

The Commission’s decisions concerning parole clearly constitute an exercise of its discretionary authority. See 18 U.S.C. § 4214 (d) (1988). See United States v. … Those regulations constitute a “permissible construction” of the statutes establishing the Parole Commission and are therefore “sufficiently reasonable” to require judicial deference to agency interpretation.

Dahl v. HEM Pharmaceuticals Corp.

867 F. Supp. 194 · District Court, S.D. New York · Oct 26, 1994

causes of action arising out of plaintiffs participation in a medical clinical trial of an experimental pharmaceutical compound manufactured by defendant called Ampligen, which is used for the treatment of Chronic Fatigue Immune … The burden is on HEM to establish that there should be a change of forum. Factors Etc., Inc. v.

Brown v. 46th President of the United States of America

District Court, S.D. New York · May 16, 2022

Plaintiff “certifies the establishment of litigation integrity respective of Court anti-contempt establishing as actions have good and sufficient.” (Id.) … , unless such immunity is waived.”).

Gonzalez v. Reiner

177 F. Supp. 2d 211 · District Court, S.D. New York · Nov 15, 2001

Clearly established federal law refers to the holdings only, not the dicta, of the United States Supreme Court. See id. … Consequently, the State court decision is neither contrary to, nor an unreasonable application of, clearly established federal law. C.

CIVIC ASS'N OF DEAF OF NYC v. Giuliani

915 F. Supp. 622 · District Court, S.D. New York · Feb 9, 1996

Therefore, the risk set out in subparagraph (A) clearly applies. … Our Court of Appeals has held that to state a claim under the Rehabilitation Act, plaintiffs must establish that: (1) they are "handicapped persons" under the Rehabilitation Act; (2) they are "otherwise qualified" to participate