Case law

United States v. Castano

756 F. Supp. 820 · District Court, S.D. New York · Feb 19, 1991

The evidence at trial established the following facts. … Tested by that standard, a new trial is clearly not required here.

Batka v. Prime Charter, Ltd.

301 F. Supp. 2d 308 · District Court, S.D. New York · Feb 4, 2004

Prime Charter’s evidence clearly estab *316 lishes that perfunctory lay-offs were a common occurrence in the securities industry at that time. … Prime Charter argues that an employee on FMLA leave is not immune from an adverse employment action if the action was prompted by legitimate business concerns.

Ricciuti v. New York City Transit Authority

70 F. Supp. 2d 300 · District Court, S.D. New York · Nov 18, 1999

Assault in the Second Degree Plaintiffs clearly established the second element of their malicious prosecution claim for assault in the second degree. … Has defendant Harlise Watson proved by a preponderance of the evidence that he is entitled to a defense of qualified immunity in arresting Daniel Rieeiuti?

Mikropul Corp. v. Desimone & Chaplin-Airtech, Inc.

599 F. Supp. 940 · District Court, S.D. New York · Dec 28, 1984

In support of this motion DSC argues that as a subcontractor of Airtech with no contractual obligations to Mikropol, DSC is immune from Mikropol’s action. … I find that on the facts of this case architects and engineers fall within the rule established by White, supra, and Glanzer v. Shepard, 233 N.Y. 236 , 135 N.E. 275 (1922).

National Bank & Trust Co. of North America, Ltd. v. J. L. M. International, Inc.

421 F. Supp. 1269 · District Court, S.D. New York · Dec 20, 1976

Under the Uniform Commercial Code, “. . . once an irrevocable credit is established as regards . . . the beneficiary it can be modified or revoked only with his consent.” … Defendants Nigeria and Central Bank of Nigeria have urged the application of the doctrine of sovereign immunity as a defense to this action.

Handy v. City of New Rochelle

198 F. Supp. 3d 298 · District Court, S.D. New York · Jul 28, 2016

A plaintiff may establish a prima facie case by showing (1) that she is a member of a protected class; (2) that she sought and was qualified to rent or purchase the housing; (3) that she was rejected; and (4) that the housing … was not qualified to rent the apartment as she was not living in the unit in violation of 24 C.F.R. § 982.551 (h).

Doyle v. Shortman

311 F. Supp. 187 · District Court, S.D. New York · Mar 3, 1970

The Pension Plan, for example, provides that a non-union employer may qualify as an independent employer if, inter alia, he is a member of an employer association and adopts the Plan. (Article I, § 8). … The statute, therefore, clearly contemplates contributions by more than one type of employer.

Toney v. Grayson

339 F. Supp. 112 · District Court, S.D. New York · Jan 27, 1972

Clearly, if local rent control laws are to function effectively, local procedures, including those pertaining to notice, must apply. … We think that the Commission’s official interpretation, established by long practice and the opinion letter of its counsel, is of controlling significance.

In Re Gas Reclamation, Inc. Securities Litigation

733 F. Supp. 713 · District Court, S.D. New York · Mar 27, 1990

If the aider owes a duty of disclosure to the defrauded party, proof of recklessness will suffice to establish scienter. … Clearly, Esrine did not solicit purchases from any of these investors. The investors also cite cases which held that defendants who prepared and disseminated prospectuses qualify as section 12 sellers. See Capri v.

United States v. Freeling

31 F.R.D. 540 · District Court, S.D. New York · Nov 26, 1962

A bank employee or officer who testifies at an administrative hearing before the Board is granted immunity from prosecution. … He stated on the record that it should be clearly understood that there would be an early fall trial. On September 20, 1962, Judge Dawson adjourned the case until October 24, 1962. .

Eastern States Health & Welfare Fund v. Philip Morris, Inc.

11 F. Supp. 2d 384 · District Court, S.D. New York · Jun 29, 1998

and the plaintiffs relied upon federal law to establish that right. … Standing issues aside, the reimbursement suit quite clearly falls within the scope of § 502; the latter — that is, the suits involved here — just as clearly do not. 18 Thus, even were these suits to be considered ones brought

United States v. Carlin

948 F. Supp. 271 · District Court, S.D. New York · Nov 18, 1996

Martin Carlin alone attempts to immunize himself from liability by calling into question his status as a partner of Park Drive. … Not only are Martin Carlin’s assertions unsubstantiated, but the undisputed facts before this court clearly establishes Carlin’s status as a partner of Park Drive.

Camloc Fastener Corp. v. OPW Corp.

164 F. Supp. 15 · District Court, S.D. New York · Jul 25, 1958

It does not apply, however, to number 414291 issued in connection with certain specified hand and machine tools, as we think the mark as applied to them is clearly not descriptive. … We note here, also, plaintiff’s failure to establish any instances of actual confusion.

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.

Anderson v. Townsend

District Court, S.D. New York · Nov 17, 2021

’ qualified immunity defense is apparent from the face of the complaint. … that his actions did not violate some settled constitutional right.”*” District courts may grant a Rule 12(b)(6) motion on qualified immunity if “the facts supporting the defense appear on the face of the complaint’®

Firman v. Abreu

691 F. Supp. 811 · District Court, S.D. New York · Aug 19, 1988

Plaintiff’s first claim is clearly inadequate because plaintiff has failed to establish that defendant Abreu was acting under color of state law. See Adickes v. S.H. … prosecution, are sufficient to permit a rational inference of conspiracy, espe *814 daily where, as here, defendants have failed to offer any evidence that the Connecticut police officers could have reasonably believed that Abreu qualified

Freedom Holdings, Inc. v. Spitzer

447 F. Supp. 2d 230 · District Court, S.D. New York · Sep 14, 2004

Even if a per se violation is shown, the alleged anticompetitive scheme may still be immunized under the Parker state action doctrine ... if: (i) the restraint in question is “clearly articulated and affirmatively expressed … On the first of these two prongs, the Court of Appeals ruled that the action was in fact taken by the State, and it reduced the question to whether “the State’s policy goals are sufficient to qualify for the Parker immunity

Parker v. Motors Liquidation Co. (In Re Motors Liquidation Co.)

430 B.R. 65 · District Court, S.D. New York · Apr 28, 2010

not necessarily the product of a legal error or a clearly erroneous factual finding, cannot be located within the range of permissible decisions.” … Rather, a party must establish both.

Securities Investor Protection Corp. v. Havener Securities Corp. (In re Securities & Exchange Commission)

2 B.R. 284 · District Court, S.D. New York · Jan 22, 1980

Clearly, Fahnestock’s ultimate customers in connection with the October 6 transaction were Rodman and Zammas. … Documentary evidence establishes that FNCB acted as agent for both Zammas and Rodman, the ultimate customers and beneficial interests behind the October 6, 1972 trades.

M.Q. v. Kenneth Genalo

District Court, S.D. New York · Mar 31, 2025

“Importantly, to survive a motion to dismiss for lack of causation, ‘the plaintiff’s pleading need not clearly establish that the defendant harbored retaliatory intent. … This falls into a grey area, between timespans that are clearly short enough or too long.