Case law

Tappe v. Alliance Capital Management L.P.

177 F. Supp. 2d 176 · District Court, S.D. New York · Oct 25, 2001

According to McDonnell Douglas and its progeny, a plaintiff establishes a prima facie case of discrimination by showing: (1) he is within a protected group, (2) he is qualified for the position, (3) he was subject to an adverse … A "long-standing” policy of paying severance qualifies as ongoing.

United States v. Steinschreiber

219 F. Supp. 373 · District Court, S.D. New York · Jul 29, 1963

Defendants also urge that the intendment and coverage of this criminal statute are unclear, except perhaps to biologists and persons similarly qualified, and that it follows, thus, that the necessary knowledge to establish … That each of these shipments was for sale in commerce is established by invoices in evidence.

Kumaran v. National Futures Association

District Court, S.D. New York · Jun 2, 2022

“Further, the objections ‘must be specific and clearly aimed at particular findings in the magistrate judge’s proposal.’” McDonaugh v. Astrue, 672 F. Supp. 2d 542, 547 (S.D.N.Y. 2009) (quoting Molefe v. … As discussed, Plaintiffs’ CEA injury is limited to actual losses resulting from their qualifying transactions.

Montalto v. Morgan Guaranty Trust Co.

83 F.R.D. 150 · District Court, S.D. New York · Jul 17, 1979

Such an arrangement is clearly desirable as a tool for conducting the litigation on an orderly basis. … is a member of the group protected or what her age is or that she was denied employment or retired or fired involuntarily or that she was ever employed by or a prospective employee of the defendant or even that she was qualified

Morales v. Human Rights Division

878 F. Supp. 653 · District Court, S.D. New York · Feb 21, 1995

The Court concludes that Plaintiff Morales was clearly not as qualified as Mr. Ortiz. Prior to working at the Division, Mr. … Plaintiffs have failed to meet the second prong for the establishment of a prima facie ease.

Indig v. Village of Pomona

District Court, S.D. New York · Aug 30, 2024

Qualified Immunity Defendants argue that even if Plaintiffs’ claims survive, the individual Defendants are “entitled to qualified immunity [because] their actions constitute … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Stearn v. MacLean-Hunter Ltd.

46 F.R.D. 76 · District Court, S.D. New York · Jan 27, 1969

Even if Stearn could himself be regarded as a “public figure” within the rule of the Butts case which we doubt, defendant would not be entitled to the full protection of the Times qualified privilege. … Although both parties have assumed that the applicable substantive law would be that of New York, it would seem that this proposition is not clearly correct.

National Paper & Type Co. v. Edwards

292 F. 635 · District Court, S.D. New York · Jun 1, 1923

Of course it qualifies and restricts the power to tax as broadly conferred. But to what extent? … S. 160, 163 , the court upon a review of numerous previous cases laid down certain propositions as established, among them these: (a) That the immunity of an individual or corporation engaged in interstate commerce from state

Underwood v. Trans World Airlines, Inc.

710 F. Supp. 78 · District Court, S.D. New York · Apr 5, 1989

Clearly, the difference between “obesity” and “overweight” is not merely one of semantics. … Plaintiff must pursue her grievance through the channels established by the RLA.

Securities & Exchange Commission v. Yorkville Advisors, LLC

300 F.R.D. 152 · District Court, S.D. New York · May 27, 2014

Yorkville,” which clearly would not be a privileged communication. (Morgan Decl, Ex. I at 75-76). … each element of the privilege or immunity that is claimed.”

In Re: Bernard L. Madoff Investment Securities LLC

District Court, S.D. New York · Mar 29, 2024

ADIA’s subscription into Fairfield Sentry is not a qualifying “act” on these facts within the meaning of FSIA. … While this Court finds that the Trustee has not met their burden to establish that an exception to ADIA’s sovereign immunity applies and reverses the Bankruptcy Court’s decision in part on those grounds, it also recognizes

Harper & Row, Publishers, Inc. v. Nation Enterprises

501 F. Supp. 848 · District Court, S.D. New York · Oct 21, 1980

Congress clearly indicated that “[t]he intention of Section 301 is to preempt and abolish any rights under the common law or statutes of a state that are equivalent to copyright and that extend to works within the scope of … Furthermore, for purposes of preemption under § 301, it is not necessary to establish that the work has sufficient originality to qualify for copyright protection under § 102.

Rubert v. King

District Court, S.D. New York · Sep 25, 2020

established right to overcome qualified immunity, purpose rather than knowledge is required”); see also Sash v. … See Iqbal, 556 U.S. at 677 (“In the context of determining whether there is a violation of a clearly established right to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability

Green v. Santa Fe Industries, Inc.

391 F. Supp. 849 · District Court, S.D. New York · Mar 27, 1975

The information statement clearly described the time limitations within which *852 the dissenting shareholders were to note their objection, and the time within which the appraisal action was to be commenced; it also included … In addition to other disclosure requirements, both of the proposed rules would require that, for the consideration *855 paid to be deemed fair, it must exceed the value placed on the securities by “two qualified independent

Drew v. PLAZA CONSTRUCTION CORPORATION

688 F. Supp. 2d 270 · District Court, S.D. New York · Jan 28, 2010

To establish a prima facie claim for retaliation under § 2615(a)(1), a plaintiff must show that: “(1) he exercised rights protected under the FMLA; (2) he was qualified for his position; (3) he suffered an adverse employment … In his Amended Complaint, Drew alleges facts, taken as true, that establish that he was a member of a protected class, that he was qualified for his position, and that he suffered an adverse employment action.

Essex Cement Co. v. Italmare, S.P.A.

763 F. Supp. 55 · District Court, S.D. New York · May 13, 1991

Therefore, the governing law alleged to have been disregarded by the arbitrators must be “well defined, explicit, and clearly applicable.” Id. … The arbitrators’ findings are well supported by the evidence establishing the defects in the vessel and its crew referred to above.

Hirsh v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

311 F. Supp. 1283 · District Court, S.D. New York · Mar 20, 1970

In Crane this prerequisite was clearly met; were it not for Standard’s manipulation, plaintiff’s tender offer stood a strong chance of success. … Finally, recognition of the Birnbaum purchaser-seller limitation will not result in this case in a novel or a typical scheme being declared immune from judicial review and allowed to frustrate the Securities Act intention

In re Puda Coal Securities Inc., Litigation

30 F. Supp. 3d 230 · District Court, S.D. New York · Jun 26, 2014

rely on defendant’s expert to establish the standard of care); Dapremont v. … In connection with the summary judgment motions before this Court, plaintiffs rely heavily on Hou to establish the professional standards that the Auditors should have met, and to establish the reasonableness of the particular

National Dynamics Corp. v. Petersen Publishing Co.

185 F. Supp. 573 · District Court, S.D. New York · Aug 11, 1960

The reference in the article to a test conducted of plaintiff’s additive is clearly at most libelous of the product and not ■of the plaintiff. … However, as to this ■allegation defendant moves for summary judgment on the ground that its affidavits establish the truth of this accusation.

Casiano v. Smalls

District Court, S.D. New York · Jul 16, 2021

Because Plaintiff requires multiple depositions to advance his case, and because his claims raise complex legal issues such as qualified immunity, the Court finds that, in this case, representation would “lead to a quicker … The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. The Fund is especially intended for attorneys for whom pro bono service is a financial hardship.