Case law

Zeng v. Chell

District Court, S.D. New York · Jan 23, 2024

The defendants now move for summary judgment dismissing each claim and in addition, contend that Detective Febus is entitled to qualified immunity. … immunity.

Bank of New York v. Tyco International Group

545 F. Supp. 2d 312 · District Court, S.D. New York · Mar 3, 2008

Circuit held that a transfer of assets pursuant to a plan of liquidation had to be evaluated “at the time the plan of liquidation is determined ....” 62 If Sharon Steel applies here, the transfer is invalid because Tyco clearly … Because BNY has not established at this time that defendants breached the Indentures, I do not reach the question of remedies. 36 . Fed.R.Civ.P. 56(c). 37 . Williams v.

Rochford v. New York Fruit Auction Corp.

33 F. Supp. 932 · District Court, S.D. New York · Jun 13, 1940

Ardeeco filed an involuntary petition in bankruptcy in this Court and an order of adjudication was thereafter made, a referee was appointed, and at the first meeting of creditors the plaintiff was appointed trustee and duly qualified … My conclusion is that the proof in the case falls far short of establishing any fraud; the relation was clearly that of debtor and creditor; title to the merchandise did pass, and the plaintiff is entitled to judgment.

Kenneway v. The Wickford

14 F. Cas. 330 · District Court, S.D. New York · Jul 1, 1840

the case, the respondents object at the hearing that the action cannot be maintained against them personally, because they were not owners of the vessel, but only mortgagees out of possession; and, if a promise to pay is established … The fact of the promise is established by a strong preponderance of proofs, and that it was made with great precision, and after full discussion and consideration of all the terms, and was not a mere offer for a settlement

Hassan v. Doe

District Court, S.D. New York · Jul 16, 2020

According to the defendants, they are entitled to qualified immunity because Hassan cannot establish that they violated any federally protected and clearly established right. … The defendants appear to assert, as their defenses, lack of personal involvement in the alleged violations and the lack of a notice of claim concerning any negligence allegations, and they argue that qualified immunity

People of The State of New York v. Trump

District Court, S.D. New York · Jul 19, 2023

Wriggelsworth, 748 F.3d 295, 301-03 (6th Cir. 2014) (holding that state-law fraud claims concerning election-related activity were not preempted under clearly established law); Thornburgh, 39 F.3d at 1280 (holding that … The People need not establish that Trump or any other person actually violated NYEL § 17-152 or FECA. People v.

Faustino v. Immigration and Naturalization Service

302 F. Supp. 212 · District Court, S.D. New York · Jun 17, 1969

Clearly, the request for convocation of a three judge court pursuant to 28 U.S.C. §§ 2282 , 2284 will not suffice. … While the latter is undoubtedly true, the former cannot be so easily established.

United States v. Ulbricht

31 F. Supp. 3d 540 · District Court, S.D. New York · Jul 9, 2014

The Court noted that if “Congress desires to go further ... it must speak more clearly than it has.” Id. at 411, 130 S.Ct. 2896 . … Civil Immunity for Online Service Providers The defendant argues that the existence of a civil statute for certain types of immunity for online service providers expresses a congressional intent to immunize conduct akin to

Bear, Stearns Securities Corp. v. Gredd (In Re Manhattan Investment Fund Ltd.)

397 B.R. 1 · District Court, S.D. New York · Dec 17, 2007

Sharp argued that the repayment was avoidable because the fraudulent scheme was clearly established — in other words, a strong presumption should apply. … As the Trustee correctly points out, the Code does not grant complete immunity for brokers.

Ovitron Corporation v. General Motors Corporation

295 F. Supp. 373 · District Court, S.D. New York · Feb 26, 1969

On the other hand, the natural monopolist is not immune from Section 2. See American Football League v. National Football League, 323 F.2d 124 (4 Cir. 1963); Union Leader Corp. v. … The case at bar is clearly distinguishable.

Wiesenfeld v. State of NY

474 F. Supp. 1141 · District Court, S.D. New York · Jul 9, 1979

Hernstadt, 373 F.2d 316, 318 (2d Cir. 1967), our Court of Appeals qualified its earlier ruling in Southard v. … Although the right "to marry, establish a home and bring up children" is a fundamental right, Meyer v. Nebraska, 262 U.S. 390, 399 , 43 S.Ct. 625, 626 , 67 L.Ed. 1042 (1923); see Zablocki v.

Mermelstein v. Maki

830 F. Supp. 180 · District Court, S.D. New York · May 20, 1993

It also advances Congress’s purpose of “establishing] a uniform federal system for removal of cases to federal court ... … Quite clearly, these facts may be pertinent to the motion at bar. Cf. Barber v.

Stonehill Communications, Inc. v. Martuge

512 F. Supp. 349 · District Court, S.D. New York · Apr 24, 1981

That purpose is purely economic in support of the American printing industry; it is to require certain kinds of books to be manufactured in the United States or Canada in order to qualify for American copyright protection … Further, they are clearly a factor in increasing sales. Indeed, a ready response to defendant’s position can be that one picture is worth a thousand words.

United States v. Kone

591 F. Supp. 2d 593 · District Court, S.D. New York · Nov 5, 2008

Although Groh involved the application of the qualified . immunity doctrine, the Court explained that "the same standard of objective reasonableness that we applied in the context of a suppression hearing in Leon defines … the qualified immunity accorded an officer." 540 U.S. at 565 n. 8, 124 S.Ct. 1284 (quotation marks omitted). 66 .

Ste. Marie v. Eastern R. Ass'n

458 F. Supp. 1147 · District Court, S.D. New York · Oct 16, 1978

Nor, where the employer demonstrates the weighing of each candidate’s talent, is the choice of a qualified man over a qualified woman for a single opening gender based discrimination under the Act. See e. g., Olson v. … Plaintiff has established that the old pattern of discrimination against women in re promotional opportunities persists. The test for Manager, Freight Department was clearly a farce.

Shapiro v. Rosenbaum

171 F. Supp. 875 · District Court, S.D. New York · Feb 25, 1959

But the legislative history clearly indicates that these Agreements do not contain the vices at which Congress was aiming. … The record clearly establishes that AFM is the representative of musicians employed by the Record Companies. For simplicity, the issue is stated as in the text. 8 .

Klaw v. Schaffer

151 F. Supp. 534 · District Court, S.D. New York · May 7, 1957

Sunshine Book Company as authority to provide immunity to such a business on the ground that only a substantial portion of it, rather than all of it, is offensive under the statute. … Plaintiff’s contention, not, however, pressed, that Section 259a is vague and indefinite, not establishing a reasonable standard of non-mailability, has been authoritatively rejected. Swearingen v.

Levich v. Liberty Central School District

258 F. Supp. 2d 339 · District Court, S.D. New York · Apr 23, 2003

. § 1983 alleging a deprivation of rights, privileges and immunities secured by the First and Fourteenth Amendments of the United States Constitution. … This argument merely establishes that there are issues of fact which contraindicate the preliminary injunctive relief sought by plaintiff. 3 .

Mustafa v. Meissner

945 F. Supp. 668 · District Court, S.D. New York · Nov 18, 1996

The standard for granting summary judgment is well established. … Section 1255a established a one time only legislative program that enabled aliens to apply for lawful temporary resident status and, after a one year waiting period, to apply for permanent residency. 1 In order to qualify

Fisher v. Vassar College

852 F. Supp. 1193 · District Court, S.D. New York · Jun 30, 1994

Plaintiff has established that she is a woman and that she was qualified for a tenured position in the Biology Department. She argues that men — Drs. … less qualified than Dr.