Case law

Adams v. Rivera

13 F. Supp. 2d 550 · District Court, S.D. New York · Jul 31, 1998

Application of these criteria in the instant case clearly demonstrates that plaintiff’s “vic *553 tory” does not qualify for an award of attorneys’ fees. … Similarly, this plaintiffs technical and de minimis victory does not qualify him for attorneys’ fees.

In re Petrobras Securities Litigation

104 F. Supp. 3d 618 · District Court, S.D. New York · May 17, 2015

Kessler Topaz firm but also by a second law firm, Bernstein,.Li-towitz, Berger & Grossmann, LLP, which did not have a previous attorney-client relationship with any of the members of the SKAGEN-Danske group, but did have an established … Thus, not only was the State Retirement Systems group clearly assembled for the sole purpose of participating in this litigation, but also it failed to show that it would act with the cohesion necessary to prosecute the case

Paulin v. Town of Windsor Police Department

District Court, S.D. New York · Oct 5, 2020

An officer is protected by qualified immunity and thus shielded from § 1983 liability “if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was … The Officers did not violate clearly established rights of which a reasonable person would have known. Thus, the officers are shielded by qualified immunity.

Mateo v. Fischer

682 F. Supp. 2d 423 · District Court, S.D. New York · Feb 8, 2010

McGinnis, 964 F.Supp. 127, 130 (S.D.N.Y.1997) (“The law is clear that allegations that an official ignored a prisoner’s letter are insufficient to establish liability.”). … The Court finds that only the second allegation qualifies as an adverse action.

McBean v. City of New York

233 F.R.D. 377 · District Court, S.D. New York · Feb 7, 2006

Under the proposed settlement, class members are eligible to receive $750 if they were subjected to one qualifying strip search, and $1000 if they were subjected to two or more qualifying strip searches. (Id. … The Risks of Establishing Liability, Establishing Damages, and Maintaining the Class Action Through Trial The next three Grinnell factors— the risks of establishing liability, the risks of establishing damages, and the risks

Bosch v. United States

675 F. Supp. 2d 391 · District Court, S.D. New York · Dec 17, 2009

On that basis and the other evidence it heard, the Court concluded that Bosch did not qualify for application of the safety valve provisions. … On appeal, the Second Circuit affirmed the judgment, finding that the Court’s rulings concerning Bosch’s safety valve ineligibility and drug quantity were not clearly erroneous. See United States v.

New York Stock Exchange, Inc. v. Gahary

196 F. Supp. 2d 401 · District Court, S.D. New York · Apr 8, 2002

The moving party “bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v. … Defendant Zito’s Liability The Exchange argues that Zito’s liability is clearly established because the latter has conceded that “he used the Grasso name without authority from Richard Grasso.” Pl.’s Reply Mem. at 14.

First Interregional Equity Corp. v. Haughton

842 F. Supp. 105 · District Court, S.D. New York · Jan 24, 1994

Rather, to set aside an award, OTRA must establish that the arbitrators understood the terms and applicability of clearly governing legal principles and “deliberately ignored them in making their award____” Id. at 933 . … More relevant to the present ease is the proposition that following procedural rules often does not immunize a party from claims of fraud. See Ettinger v.

Davidson Pipe Co. v. Laventhol & Horwath

120 F.R.D. 455 · District Court, S.D. New York · Apr 1, 1988

It would be perverse indeed if acts became immune from discovery in civil litigation merely because they were potentially criminal in nature. … It could be the case that Davidson sought only the bare minimum residual value necessary for the transactions to qualify for tax benefits.

Rajcoomar v. TJX Companies, Inc.

319 F. Supp. 2d 430 · District Court, S.D. New York · Mar 25, 2004

Whether the Plaintiffs can Establish A Prima FaCie Case of Discrimination: As set forth above, in order to establish a prima facie case of discrimination under Title VII, a plaintiff must present evidence that: (1) he belongs … Clearly, the Defendant has an interest in protecting its merchandise from theft, which creates a need for the Loss Prevention Department.

In re Petition for Naturalization of Kadich

221 F. Supp. 353 · District Court, S.D. New York · Aug 12, 1963

The United States Naturalization Examiner on June 3, 1963 concluded, “I recommend, therefore, that this petition for naturalization be denied on the ground that the petitioner has failed to establish that he is not ineligible … “Registrant should be classified without regard to the claim for exemption and inducted, if he is otherwise qualified and not defei'red.”

Superintendent of Insurance v. Bankers Life & Casualty Co.

401 F. Supp. 640 · District Court, S.D. New York · Jun 3, 1975

That statute clearly grants to the District Courts of the United States exclusive jurisdiction of violations of § 10(b). … Clearly, the Superintendent, to the extent permitted, would have access to the foreign court to enforce the claim.

MacNamara v. City of New York

249 F.R.D. 70 · District Court, S.D. New York · Apr 1, 2008

Balancing the Parties’ Interests Both the deliberative process and law enforcement privileges are qualified privileges and, therefore, “when the existence of [the] privilege is established, there is a need to balance the … In addition, he directed defendants to produce an August 9, 2004, memorandum from Chief Graham listing officers “deemed qualified to be plainclothes officers” during the RNC. (Id. at 23-24.)

S.C. Chimexim S.A. v. Velco Enterprises Ltd.

36 F. Supp. 2d 206 · District Court, S.D. New York · Mar 16, 1999

The 1991 Constitution established Constitutional and Supreme courts in Romania, and a Judiciary Law passed in 1992 established three levels of courts beneath the Supreme Court. … Id. at 4; see also id. at 5-8 (detailing judges’ appointment process, training, ethics requirements, discipline, compensation, and immunity). *209 B.

Rubin v. Abbott Laboratories

319 F.R.D. 118 · District Court, S.D. New York · Nov 9, 2016

than one year may qualify. … That is clearly the case here, where Rubin has failed to contest the very motion that would dispose of her case in its entirety.

Peterson v. City College

32 F. Supp. 2d 675 · District Court, S.D. New York · Jan 21, 1999

First, a plaintiff must establish a prima facie case of unlawful discrimination by showing that (1) he or she is a member of a protected class (2) who was qualified for his or her position (3) who suffered an adverse employment … Thus, even though tenure decisions are not immune from review under Title VII or the ADEA, a court “should exercise caution in second-guessing a tenure decision and should not ‘sit as a super tenure-review committee.’ ” Id

Felix v. New York City Transit Authority

154 F. Supp. 2d 640 · District Court, S.D. New York · Jul 16, 2001

Second, plaintiff must identify the activity claimed to be impaired and establish that it constitutes a “major life activity.” See id. … “It is well established that under the ADA, the employer’s duty reasonably to accommodate a disabled employee includes reassignment of the employee to a vacant position for which she is qualified.” Dalton v.

Janbay v. Canadian Solar, Inc.

272 F.R.D. 112 · District Court, S.D. New York · Dec 22, 2010

However, none of the complaints in this Action contain facts establishing a nexus with the Northern District of California. … See Touch-Tunes, 676 F.Supp.2d at 173 (“Plaintiffs choice of forum nevertheless should not be disturbed unless the balance of factors clearly weighs in favor of a transfer.”).

Esheva v. Siberia Airlines

499 F. Supp. 2d 493 · District Court, S.D. New York · Jun 28, 2007

To the extent that it is facing a claim of derivative liability, Airbus is absolutely immune for such liability in the United States. … Podhurst responds only that this immunity statute will not apply if, as Sibir argues, Russian law governs the claims in this litigation. 5 .

Hamilton v. Sirius Satellite Radio Inc.

375 F. Supp. 2d 269 · District Court, S.D. New York · Jun 28, 2005

Court of Appeals for the Second Circuit “has recognized unequivocally that where an employee has been told that he will be terminated at the end of a 90-day period no matter what he did, this ‘statement alone suffices to establish … The law is not as clearly defined as the petitioner implies.