Case law

Arthur Glick Truck Sales, Inc. v. Stuphen East Corp.

914 F. Supp. 2d 529 · District Court, S.D. New York · Dec 18, 2012

Sept. 20, 2006) (collecting authority for the proposition that partially manufactured goods can qualify as existing). Be that as it may, however, the contracts clearly do not refer to "identified” goods. … But neither Party has addressed whether Plaintiff's filing here qualifies as a voidable preference.

Vega v. Fox

457 F. Supp. 2d 172 · District Court, S.D. New York · Feb 21, 2006

Under Color of Law Aichhorn Defendants have attempted to narrow the state action inquiry by asserting that they had no licensing, monetary, or supervisory relationship with the City of New York. 86 But Aichhorn clearly does … Fox, Green, and Washington were clearly acting in the scope of their employment by supervising and leading a weekly meeting of YASL residents.

United States v. Cortes

697 F. Supp. 1305 · District Court, S.D. New York · Oct 7, 1988

Clearly, the constitutional attack on the Sentencing Guidelines presents a purely legal issue that can be resolved with no further factual development. … Nixon, 418 U.S. 683, 707 , 94 S.Ct. 3090, 3107 , 41 L.Ed.2d 1039 (1974) (held that the separation of powers did not support absolute Presidential immunity from judicial process because such immunity would conflict with the

Storyk v. Secretary of Health, Education, & Welfare

462 F. Supp. 152 · District Court, S.D. New York · Nov 22, 1978

Discussion For one to qualify for disability payments under the Social Security Act, one must show a disability on or before the last date on which that person was insured under the Act. 42 U.S.C. §§ 416 (i), 423(c); Gold … Here, the circumstances of Storyk’s work activities, taken together, clearly establish that she meets the exceptions covered in the “unless” clause. 6 She was unable to sustain even the number of hours re *158 quired by her

United States v. Pond and Fanelli

382 F. Supp. 556 · District Court, S.D. New York · Sep 30, 1974

In addition, paragraph six of the affida *558 vit set forth allegations tending to establish the grounds for belief in the sources’ reliability. … Clearly, the affidavit was based on hearsay evidence. This, however, is not fatal. As observed in Jones v.

Republic of Iraq v. ABB AG

920 F. Supp. 2d 517 · District Court, S.D. New York · Feb 6, 2013

The ethicality, illegitimacy, or illegality of the acts does not immunize the Republic of Iraq from responsibility. … Therefore, the defense should not be allowed “[u]nless the degrees of fault are essentially indistinguishable or the plaintiffs responsibility is clearly greater.” Pinter v.

Board of Education v. Califano

507 F. Supp. 827 · District Court, S.D. New York · Feb 11, 1981

The court, affirming the district court’s decision to vacate a partial summary judgment, reviewed the principles applicable to a determination whether a seniority system is “bona fide:” “Section 703(h) of the Act immunized … The separate qualifying tests given to male and female candidates to teach physical education rated the different capabilities required for the separate programs.

Libra Bank Ltd. v. Banco Nacional De Costa Rica, S.A.

570 F. Supp. 870 · District Court, S.D. New York · Aug 12, 1983

Heitner, 433 U.S. 186 , 97 S.Ct. 2569 , 53 L.Ed.2d 683 (1977) ] clearly overruled Harris [v. Balk] on its facts,” O’Connor v. … The loan agreement clearly does not provide for something that couldn’t happen. There is no such thing as a 590-day LIBOR rate.

Newton v. Chase Manhattan Bank, N. A.

436 F. Supp. 806 · District Court, S.D. New York · Aug 18, 1977

It is well established that a cause of action predicated upon federal question jurisdiction must arise directly under the Constitution, laws or treaties of the United States and “facts must be alleged to show that federal … A right or immunity created by Federal law must be an essential element of the claim in order to satisfy the jurisdictional prerequisite under this section. Gully v.

Brito v. Phillips

485 F. Supp. 2d 357 · District Court, S.D. New York · Apr 10, 2007

established federal law as determined by the Supreme Court in Strickland v. … Under the Strickland framework, “[a] petitioner may establish constitutionally inadequate performance if he shows that counsel omitted significant and obvious issues while pursuing issues that were clearly and significantly

Landscape Forms, Inc. v. Columbia Cascade Co.

117 F. Supp. 2d 360 · District Court, S.D. New York · Oct 6, 2000

Second, persuasive expert testimony established that several competitive designs already exist. See id. … On appeal, Columbia also argued that Landscape’s designs do not qualify for trade dress protection because they are not “ ‘likely to serve primarily as source designators.’ ” Landscape Forms, 113 F.3d at 376 .

Brager & Co. v. Leumi Securities Corp.

84 F.R.D. 220 · District Court, S.D. New York · May 10, 1979

It would serve to streamline the factual aspect of a predictably long trial if clearly undisputed facts recommended by the Magistrate were adopted. … Teichner stated that the report was a qualified one “due to the lack of response to our confirmations.” [Olivestone Aff.

Thomas America Corp. v. Fitzgerald

968 F. Supp. 154 · District Court, S.D. New York · Jul 11, 1997

ANALYSIS In light of the facts recently established, it seems fairly obvious that the contention that the offer had lapsed is no longer a valid one. … The letter clearly makes an offer which any reasonable offeree would understand to be legally binding if accepted 2 .

Securities & Exchange Commission v. Tourre

950 F. Supp. 2d 666 · District Court, S.D. New York · Jun 18, 2013

When evidence is challenged on an in limine motion, it should only be precluded when it is “clearly inadmissible on all possible grounds.” Commerce Funding Corp. v. … First, Bajaj is not qualified to present this opinion.

Application of Prudential Securities Inc.

795 F. Supp. 657 · District Court, S.D. New York · Jul 30, 1992

In order for a claim to arise under federal law, “a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff’s cause of action”. Gully v. … Pursuant to 28 U.S.C. § 1447 (c), federal courts may award costs and expenses, including attorneys’ fees, when the removing party has acted in “bad faith” or removal is predicated upon a diversity of citizenship that clearly

United States v. Morgan

11 F.R.D. 445 · District Court, S.D. New York · Apr 9, 1951

Many areas of factual and legal controversy were clearly delineated as the openings of counsel progressed. … One of the most difficult things in a trial covering so long a period Of time and such a multiplicity of separate transactions is to keep clearly in mind the independent proof which is said to establish the conspiracy and

Presbyterian Church of Sudan v. Talisman Energy, Inc.

244 F. Supp. 2d 289 · District Court, S.D. New York · Mar 19, 2003

In this case, defendants clearly have the upper hand when it comes to resources. … Certainly, as a sovereign country, Sudan is potentially entitled to immunity under the Foreign Sovereign Immunities Act, 28 U.S.C. § \602etseq. ("FSIA”).

Saveene Corp. v. Remo

District Court, S.D. New York · Oct 14, 2021

To qualify for immunity under the statute, the following three requirements must be met: (1) the defendant must be “‘a provider or user of an interactive computer service’”; (2) “‘the claim is based on information provided … OTC satisfies all three requirements necessary to establish its immunity under the CDA.

Abdullah v. Immigration & Naturalization Service

921 F. Supp. 1080 · District Court, S.D. New York · Mar 29, 1996

QDE”), which, under the Act, included “qualified voluntary organizations and other qualified State, local community, farm labor organizations, and associations of agricultural employers.” 8 U.S.C. § 1160 (b)(2). … If the applicant establishes that he or she has performed the requisite qualifying employment as a matter of just and reasonable inference, “the burden then shifts to the Service to disprove the applicant’s evidence by showing

Bronia, Inc. v. Seo Young Ho

873 F. Supp. 854 · District Court, S.D. New York · Jan 20, 1995

Be that as it may, the evidence clearly establishes that the mailings occurred. … Finally, although the defendant does not contest the accuracy of the USDA’s list of qualified PACA creditors, he does question the amount of commodities Trade-field purchased from plaintiffs.