Case law

Mirza v. Orange Regional Medical Center

District Court, S.D. New York · Apr 28, 2020

production of information or materials that are protected by the attorney-client privilege, the work product immunity or any other privilege or immunity shall not operate as a waiver of such privilege or immunity. … The producing party bears the burden of establishing the privileged nature of any inadvertently-produced information or materials.

Muddy Bites, Inc. v. Evergreen USA LLC, d/b/a Just The Fun Part

District Court, S.D. New York · Sep 17, 2025

Under the “narrow sham exception” to the Noerr-Pennington doctrine, otherwise protected activities do “not qualify for [] immunity if [they are] a mere sham to cover an attempt to interfere directly with the business relationships … other companies were selling substantially identical products.74 Evergreen argues that this “knowledge is demonstrated by, among other things: (i) the 2021 cease-and-desist letters sent by Muddy Bites to Evergreen, [which clearly

Interdigital Communications Corp. v. Nokia Corp.

407 F. Supp. 2d 522 · District Court, S.D. New York · Dec 28, 2005

Nokia claims that Sony Ericsson failed to purchase a sufficient portion of Ericsson’s assets to qualify as a Major Competitor under this definition. … New York law clearly requires that prejudgment interest be computed “to the date the verdict was rendered or the report or decision was made.” N.Y. C.P.L.R. § 5001 (c).

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

Simpson v. United States

467 F. Supp. 1122 · District Court, S.D. New York · Apr 6, 1979

best officers from many qualified ones, and winnowing the force to provide opportunities for others to advance. … providing this exemption for those technicians (principally secretaries, clerk-typists, and security guards, id.) whose jobs, in the opinion of the Secretary, are completely non-military, Congress indicated all the more clearly

Birmingham Fire Insurance v. Koa Fire & Marine Insurance

572 F. Supp. 962 · District Court, S.D. New York · Jul 22, 1983

LeBlanc was one of five foreign reinsurance brokers or intermediaries that helped to establish the AAU pool. … Hence, the case at bar is clearly one involving a foreign corporation as a supplier of services to companies in New York. Pomerantz Aff. at 9.

Damassia v. Duane Reade, Inc.

250 F.R.D. 152 · District Court, S.D. New York · May 27, 2008

This testimony is clearly relevant to the question of whether the assistant manager is either an “executive” or “administrative” position. … However, the declarations were clearly composed by lawyers, with little input, it seems, from the assistant managers themselves.

Ades v. Deloitte & Touche

843 F. Supp. 888 · District Court, S.D. New York · Feb 7, 1994

Blyth, Eastman Dillon & Co., 570 F.2d 38 (2d Cir.), cert. denied, 439 U.S. 1039 , 99 S.Ct. 642 , 58 L.Ed.2d 698 (1978), was clearly not overlooked by the Court, having been cited in the September 16 Opinion. See Ades v. … The September 16 Opinion stated that the plaintiffs in Software Toolworks had “faded to establish recklessness on the part of [the Defendants].” Ades, 1993 WL 362364 , at *20, 1993 U.S.Dist. LEXIS 12901, at *63.

In Re the United States for Material Witness Warrant

214 F. Supp. 2d 356 · District Court, S.D. New York · Aug 5, 2002

Nor does it suffice that the witness may possibly have civil remedies available to him for the harm inflicted by the alleged misconduct (although governmental immunities may limit such redress). … Nor does it appear that the greater part of the Government’s written submissions qualify for continued sealing.

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.

Gray v. Cleaning Systems and Suppliers, Inc.

834 F. Supp. 123 · District Court, S.D. New York · Oct 25, 1993

This will enable other parties to establish what portion of fault, if any, in connection with the accident was attributable to the employer. … V The shipper argues that it is immune from liability because it did nothing unusual in loading the truck, and the customer was aware of the method utilized.

Mister Sprout, Inc. v. Williams Farms Produce Sales, Inc.

881 F. Supp. 2d 482 · District Court, S.D. New York · Jul 25, 2012

When an attorney agrees to represent a client in litigation, it is expected that he is already qualified to litigate the case. … As to any portion of the Report to which no objections have been made, the Court concludes that the Report is not clearly erroneous. See Pizarro, 776 F.Supp. at 817 .

Tenzer Greenblatt LLP v. Silverman (In Re Angelika Films 57th, Inc.)

246 B.R. 176 · District Court, S.D. New York · Mar 24, 2000

Alternatively, even if debtor’s counsel was qualified to represent the debtor at the commencement of the case, because of counsel’s failure to avoid conflicts of interest, the Court finds that counsel lost its disinterestedness … The facts establish that the Court’s reliance was misplaced.” (A1980). 7 . The Court also finds it unfortunate that the Bankruptcy Court did not take appropriate action as soon as the Motion to Assign was denied. 8 .

Seetransport Wiking Trader Schiffarhtsgesellschaft MBH & Co. Kommanditgesellschaft v. Republic of Romania

123 F. Supp. 2d 174 · District Court, S.D. New York · Dec 1, 2000

While such language appears to clearly express the parties’ intent that New York law should apply in the instant dispute, defendant argues that the Release was in draft form and signed only by plaintiff, and therefore cannot … Iordachescu is not qualified as a fact witness to testify as to the intent of the parties, as he was not present at the negotiations and was in fact not employed by the Finance Ministry at the time the settlement was reached

Lettieri v. U.S. Immigration and Customs Enforcement

District Court, S.D. New York · Aug 6, 2024

Humane Soc’y, No. 23-CV-07777, 2023 WL 7017081, at *3 (E.D.N.Y., Oct. 25, 2023), appeal pending, No. 24-1874 (2d Cir.). 2 Cases dismissed on Section 1915(g) grounds qualify as strikes even if the … Melindez, 199 F.3d 108, 113 (2d Cir. 1999) (requirement of notice and opportunity to be heard “plays an important role in establishing the fairness and reliability” of the dismissal order, “avoids the risk that the court

Loving v. Superintendent

District Court, S.D. New York · Jul 27, 2022

Should Plaintiff choose to file 12 As stated supra, Morton also argues that he is entitled to qualified immunity. (See Def.’s Mem. 6–8.) … “The Court will not opine on whether he is entitled to qualified immunity, however, because Plaintiff has not plausibly pled that he is entitled to relief.” Valde-Cruz v.

Smalls v. Cooper

District Court, S.D. New York · Jun 21, 2022

Kress & Co., 398 U.S. 144, 152 (1970)), an attorney’s representation of a defendant in state criminal proceedings does not constitute the degree of state involvement or interference necessary to establish a claim under … Plaintiff’s defense attorney, Matthew Caretto of the Legal Aid Society, does not qualify as a state actor. Plaintiff therefore does not state a claim against Defendant Caretto under Section 1983. B.

Equal Employment Opportunity Commission v. Locals 14 & 15, International Union of Operating Engineers

438 F. Supp. 876 · District Court, S.D. New York · Oct 14, 1977

In order to establish retaliation under Section 704(a) of Title VII, the plaintiff must establish three elements: (1) protected participation or opposition under Title VII known by the retaliator; (2) an employment action … On the second element, the Court finds that the EEOC has clearly established an employment action or actions disadvantaging a person or persons engaging in protected activities. 1 In determining whether Local 15 has retaliated

TVT Records v. Island Def Jam Music Group

250 F. Supp. 2d 341 · District Court, S.D. New York · Mar 7, 2003

This matter, however, is clearly relevant to the question of damages, and the Court does not recognize a potential for confusion that cannot be clarified in due course at trial. … A), which, together with his accounting background, adequately qualifies him to make such projections of sales performance.

The Napoleon

17 F. Cas. 1154 · District Court, S.D. New York · May 15, 1803

In that state of the proceedings, the vessel was condemned, as lawful prize of war, in December term last It thus clearly belongs to the claimant to show, by further proofs, collated with such as shall be given by the libel-lants … That portion of the decree must, therefore, stand .unaffected by this rehearing; and the lien or special interest of the claimant in the residue of the vessel, if established, does not intercept or qualify the right of- the