Case law

Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC

691 F. Supp. 2d 448 · District Court, S.D. New York · Feb 22, 2010

However, O’Neill clearly goes beyond discussing the general role of the auditor-opining that particular standards apply to auditors and that these standards are higher than those that apply to administrators. … Although the Citco Defendants argue that determining NAVs is the responsibility of the investment manager, portfolio valuation also clearly falls within the scope of an auditor’s expertise.

Robertson v. Fluerinord

District Court, S.D. New York · Nov 8, 2024

immunity, the City Defendants contend for the first time, in reply, that Officer Theos is entitled to qualified immunity on the plaintiff’s false arrest and malicious prosecution claims. … In any event, qualified immunity is rarely a proper basis for granting a motion to dismiss. See, e.g., Chamberlain Estate of Chamberlain v.

Iaria v. Silver Line, Ltd.

56 F. Supp. 42 · District Court, S.D. New York · Dec 17, 1943

The eyewitnesses clearly establish the manner in which the accident occurred, that there was a defective winch, and the negligent acts of the respondents. Their testimony stands uncontradicted. … Louria, who qualified as an expert in diagnosis, agreed with the eminent text writers referred to by Dr.

In re Natural Gas Commodity Litigation

235 F.R.D. 199 · District Court, S.D. New York · Nov 16, 2005

of establishing the elements of a privileged relationship.” … received from Energy Company clearly goes to the heart of proving that the data was false."

Scott v. Gardner

287 F. Supp. 2d 477 · District Court, S.D. New York · Oct 31, 2003

immunity and that Scott has failed to state a claim upon which relief can be granted. … However, it is clearly established that prison officials cannot impose or threaten imposition of significant harm or risk of harm on a prisoner in retaliation for that prisoner’s exercise of a First Amendment right, whether

Morton v. City School Dist. of City of New York

742 F. Supp. 145 · District Court, S.D. New York · Jul 13, 1990

In my opinion, a department assistant principal must find a way to get along with every one of his or her subordinates, because supervision in that degree can only be achieved when relationships are strong, and Mary clearly … For the reasons stated above, the Court finds the decisionmak-ing process to have been a rational means of satisfying the government interest in hiring the best qualified candidate.

Plastistarch International Corp. v. Plastistarch Corp.

484 F. Supp. 1312 · District Court, S.D. New York · Feb 26, 1980

Moreover, since Delaware is not qualified to do business in New York and was not doing business in New York, it consequently could not claim residence in New York on the basis of doing business. … The facts, as detailed above, clearly establish that no negotiation either preliminary or substantial took place here. Plaintiff’s reliance on Liquid Carriers Corp. v.

Conradt Ex Rel. Conradt v. NBC Universal, Inc.

536 F. Supp. 2d 380 · District Court, S.D. New York · Feb 26, 2008

The Court vacated and remanded, however, because it concluded that the law enforcement defendants were protected by the doctrine of qualified immunity, as the law was not clearly established when the events in question occurred … On remand, the Ninth Circuit dismissed the claims as to the law enforcement officers based on qualified immunity, but held that the plaintiffs could proceed with their Fourth Amendment (and state law) claims against the media

United States v. Morciglio

280 F. Supp. 3d 412 · District Court, S.D. New York · Nov 16, 2017

On the other hand, Morciglio was 22 whén he solicited a 14 year old, making him clearly subject to SORNA’s strictures under a fact-based approach, The parties do not dispute that the approach applied necessarily determines … Since the former is not a SORNA-qualifying offense, the latter one is not either.

Everard Findlay Consulting, LLC v. Republic of Suriname

District Court, S.D. New York · Apr 30, 2020

Although, “[t]he party seeking to establish jurisdiction bears the burden of producing evidence establishing that a specific exception to immunity applies,” it is “the foreign state” who “bears the ultimate burden of persuasion … Because Tokyo’s New York trade promotion operation did not qualify as a “commercial activity” under FSIA, neither did the plaintiff’s employment. Id. Jurisdiction was therefore lacking over her claims.

National Council of La Raza v. DEPARTMENT OF JUST.

337 F. Supp. 2d 524 · District Court, S.D. New York · Sep 24, 2004

The Attorney General wrote, among other things: "Let me first state clearly the policy of the Department on this issue. … The requests for legal advice and responses to those requests qualify for the same reasons that the March and April OLC memoranda qualify.

Nicholas v. Bratton

District Court, S.D. New York · May 23, 2019

But the Court granted on qualified immunity grounds Defendants Davis and DeBonis’s motion for summary judgment to the extent that Nicholas’s First Amendment claims alleged that the seizure of his press credential reflected … As the Court explained in the Opinion, Davis and DeBonis were entitled to qualified immunity on Nicholas’s time, place, and manner claim predicated on the frozen zone, even though genuine disputes of fact existed with

Bergnes v. New York State Unified Court System/Office of Court Administration

District Court, S.D. New York · Jun 28, 2023

Under well-established principles of state sovereign immunity, a federal court may not hear a suit brought by any person against a state absent a valid congressional abrogation of immunity or the state’s consent. … Notwithstanding these well-established principles of state sovereign immunity, Plaintiffs argue in their May 26th supplemental letter that this suit is not barred by the Eleventh Amendment.

Hird/Blaker Corp. v. Sava

712 F. Supp. 1095 · District Court, S.D. New York · May 9, 1989

. § 1101 (a)(15)(H)(i), thereby qualifying Lim for a nonimmigrant H-l visa under section 214(c) of the Act, 8 U.S.C. § 1184 (c). … Blaker’s letter are accurate and represent a level of functioning clearly requiring an engineering education.”

Midland Investment Co. v. Van Alstyne, Noel & Co.

59 F.R.D. 134 · District Court, S.D. New York · Mar 15, 1973

Merely because the document is dated after the last act complained of, however, does not make it immune from discovery if it relates to relevant discoverable information. … Second, it is argued that the information is necessary to establish that the plaintiffs did in fact sell to the defendants.

American Commuters Association v. Levitt

279 F. Supp. 40 · District Court, S.D. New York · Dec 19, 1967

Clearly plaintiffs derive greater benefits than the visitor who does not work in or regularly commute to New York. … There are privileges that may be accorded by a *48 State to its own people in which citizens of other States may not participate except in conformity to such reasonable regulations as may be established by the State. * *

Interstate Properties v. Pyramid Co. of Utica

547 F. Supp. 178 · District Court, S.D. New York · Sep 22, 1982

The letter containing the waiver which was drafted by Finley, Kumble, clearly reminds Pyramid that it was aware of Finley, Rumble’s longstanding representation of Interstate, that Pyramid was “represented by counsel of [its … The efficacy of the waiver to immunize Finley, Rumble’s actions from sane-, tions under Canon 4 is less established.

Aziz Zarif Shabazz v. Pico

994 F. Supp. 460 · District Court, S.D. New York · Feb 11, 1998

immunity. … The burden of establishing that no genuine factual dispute exists rests on the party seeking summary judgment. Chambers, 43 F.3d at 36 .

Walker v. Metro North Commuter Railroad

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

“A plaintiff’s first step under McDonnell Douglas is to establish a prima facie case of discrimination by showing that ‘(1) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered an … June 13, 1997) (“Affording immunity from punitive damages awards to public benefit corporations under Title VII . . .

Cleary v. Blum

507 F. Supp. 514 · District Court, S.D. New York · Jan 21, 1981

Cleary’s resources are insufficient to meet the costs of necessary medical care and services, she does not qualify for public assistance because her resources exceed certain allowable limits. Instead, Mrs. … Attaining benefits for herself is sufficient to establish plaintiff as a prevailing party. As the Second Circuit stated in Zarcone v.