Case law

The Dondo

287 F. 239 · District Court, S.D. New York · Dec 3, 1921

Unless it follows as a reasonable conclusion from that admission that the contents was also in good condition, I do not understand that the shipper has established even a prima facie case. … Clearly they would not be wet .by any sea water which had not permeated all the bales which lay between them and the source of the water.

Hardy v. New York News Inc.

114 F.R.D. 633 · District Court, S.D. New York · Jan 28, 1987

This information is clearly relevant on the issue of *643 discriminatory intent. Sweeney v. … By contrast, some documents pertaining to this litigation were clearly marked confidential, or, at the very least, captioned in a manner that clearly indicated their connection with pending litigation.

American Travelers Club, Inc. v. Hostetter

219 F. Supp. 95 · District Court, S.D. New York · Jun 24, 1963

The fact that plaintiff additionally imports and delivers the liquor to its customers does not establish that it is acting primarily for their benefit and not for itself. See Restatement (Second), Agency § 14 K (1958). … The Wylegala decision, however, is clearly inapplicable to the instant case, for here the shipments are not intrastate and there is no licensee under § 116 (c) . 11 The conclusion which emerges most clearly from a study of

Pastre v. Weber

717 F. Supp. 987 · District Court, S.D. New York · Jul 26, 1988

subduing plaintiff were directly caused by his conduct and were necessary, reasonable, authorized by New York Law and consistent with the policies and procedures of the Division; third, that the defendants are entitled to qualified … immunity from liability as the circumstances were such that they could not have foreseen that their actions could be found to be unreasonable.

Review of Couto v. Shaughnessy

123 F. Supp. 926 · District Court, S.D. New York · Sep 3, 1954

Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry”. Here, the proceeding is executive in nature, as in the Harisiades case. … “The term ‘special inquiry officer’ means any immigration officer who the Attorney Gene'ral deems specially qualified to conduct specified classes of proceedings, in whole or in part, required by this chapter to be conducted

Matos v. Hove

940 F. Supp. 67 · District Court, S.D. New York · Sep 25, 1996

Pursuant to the FTCA, these claims are exempt from any waiver of immunity, and thus may not be brought against the FDIC or the United States. … Section 105 of Title 5 further provides, " 'Executive agency’ means an Executive department, a Government corporation, and an independent establishment.” 5 U.S.C. § 105 (1996).

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.

United States v. Wallace & Wallace Fuel Oil Co.

540 F. Supp. 419 · District Court, S.D. New York · May 19, 1982

Wallace Fuel, a black-owned oil concern, qualified for participation in the Section 8(a) program and beginning in 1970 was awarded subcontracts to supply fuel and heating oil to certain agencies of the United States Government … Condition Precedent The defendants argue that the conditions to be performed by the SBA were conditions precedent to the establishment of any contractual duty on the part of the Wallace parties.

Lehey v. Northwell Health, Inc.

District Court, S.D. New York · Apr 19, 2024

There is no dispute for purposes of this Motion that Plaintiff’s atrial fibrillation is a qualifying disability under the ADA and NYSHRL. (Compl. ¶ 32; Def. Br. at 11, n. 6). … shall be inapplicable only until such immunization is found no longer to be detrimental to such personnel member’s health.

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC

476 B.R. 715 · District Court, S.D. New York · May 15, 2012

Under this definition, the account agreements between Madoff Securities and the defendants clearly qualify as securities contracts. … If the net is positive, the receiver has established liability....”).

Rutherford v. City of Mount Vernon

District Court, S.D. New York · Dec 15, 2023

Evidence of training and policy is particularly relevant where, as here, the defendants intend to argue that they are protected by qualified immunity. … Supp. 2d at 275 (denying qualified immunity where “[a]ny rational jury would find that the [defendant officer’s] order, which overtly violated written [c]ounty policy, was so flawed that no reasonable officer would have

Picard v. Katz

462 B.R. 447 · District Court, S.D. New York · Sep 27, 2011

Furthermore, any payment by Madoff Securities to its customers that somehow does not qualify as a “settlement payment” qualifies as a “transfer” made “in connection with a securities contract.” … Int’l, LLC, 487 F.3d 295 , 301 (5th Cir. 2007) ("In this circuit, proving that IERC operated as a Ponzi scheme establishes the fraudulent intent behind the transfers it made.”); In re Agric. Research & Tech.

Morrison v. Potter

363 F. Supp. 2d 586 · District Court, S.D. New York · Mar 23, 2005

Here, the Postmaster General is clearly entitled to summary judgment. 1. … Because Morrison has failed to establish that she suffered any adverse employment action, she has not made out a prima facie case of either discrimination (whether based on age or race) or of retaliation.

Fraternity Fund Ltd. v. Beacon Hill Asset Management LLC

371 F. Supp. 2d 571 · District Court, S.D. New York · Jun 6, 2005

evidenced the parties’ intent to arbitrate questions of arbitrability because it (1) was “broadly worded” despite the qualifying language, and (2) incorporated the rules of the International Chamber of Commerce, which empower … The parties’ briefs cite, for the most part, cases applying New York law, and "such 'implied consent ... is sufficient to establish choice of law.' " Motorola Credit Corp. v.

Atlantic Overseas Corp. v. Feder

452 F. Supp. 347 · District Court, S.D. New York · May 12, 1978

responsibilities and liabilities of the “shipper” it appears that if AOC is entitled to indemnity on the facts of this case, it is limited by the express language of these provisions to recovery from defendant PITC, which alone qualifies … The testimony of Mondon (the lawyer called by plaintiff to testify as an expert witness on the Ivory Coast Customs Code) clearly rebuts PITC’s contention.

Sonds v. ST. BARNABAS CORRECTIONAL HEALTH SERVICES

151 F. Supp. 2d 303 · District Court, S.D. New York · May 21, 2001

. § 1983 , because Plaintiff's injury does not qualify as "serious" under the objective prong of the "deliberate indifference" test. Furthermore, as to defendant St. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Sony Music Entertainment v. Triller, Inc.

District Court, S.D. New York · Mar 3, 2023

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

Sykes v. Mt. Sinai Medical Center

967 F. Supp. 791 · District Court, S.D. New York · Jun 25, 1997

Plaintiff can clearly establish the first element of his prima facie case; as an African-American, he is a member of a protected class. … As to the question of whether the defendant was qualified, the court holds that plaintiff has introduced enough evidence to make this a genuine issue of material fact.

Tug Ocean Prince, Inc. v. United States

436 F. Supp. 907 · District Court, S.D. New York · Sep 6, 1977

These contentions will be discussed in order. *918 The burden is clearly upon plaintiffs, in a proceeding under Title 46 U.S.C. § 183 , to establish their own lack of privity or knowledge in order to limit their liability … He had available charts and publications which clearly designated the location of the submerged rocks.

NY STATE NAT. ORGANIZATION FOR WOMEN v. Terry

732 F. Supp. 388 · District Court, S.D. New York · Feb 27, 1990

The evidence clearly and convincingly establishes that Herlihy knowingly violated the May 4 Order. Therefore, Herlihy is liable for coercive civil contempt sanctions in the amount of $25,000. B. … The evidence clearly and convincingly established that A.