Case law

Duffelmeyer v. Marshall

682 F. Supp. 2d 379 · District Court, S.D. New York · Jan 29, 2010

Ex. ##, Rule # ”]. • “Information regarding official business will be disseminated only to those for whom it is intended, in accordance with established departmental procedures.” Defs.’ … As such, the Court need not address the parties’ remaining claims regarding individual liability, qualified immunity, and municipal liability.

Walker v. Triborough Bridge and Tunnel Authority

District Court, S.D. New York · Nov 18, 2021

immunity. … Because her claim fails for other reasons, however, the Court need not wade into the qualified immunity thicket. plaintiff’s [protected characteristics].” Robinson v. Harvard Prot. Servs., 495 F.

Berl v. County of Westchester

669 F. Supp. 625 · District Court, S.D. New York · Sep 14, 1987

Specifically, Berl was unanimously disapproved for a current promotion — “Career interest, somewhat reluctant to clearly explain position, I feel he’s promotable but at later date. Promotable but deferred.” … If the County then fails to carry the burden of establishing that the same decision would have been made absent the discriminatory motive, an equal protection violation is established. Hervey v.

United States v. Badalamenti

663 F. Supp. 1542 · District Court, S.D. New York · Jun 26, 1987

It was then shown how Gae-tano Badalamenti, operating from Brazil where he had fled to avoid prosecution, Mafia enemies or both, working through his family members who had established themselves in pizza restaurants in the … Since all of the Badalamentis’ telephone conversations were carefully coded, the nature of the conspiracy does not appear clearly from the evidence of their own actions.

Jou-Jou Designs, Inc. v. International Ladies Garment Workers Union

490 F. Supp. 1376 · District Court, S.D. New York · Jun 12, 1980

The Court held in Connell that, in the circumstances of the case, the union was not immune from federal antitrust statutes. … Jou-Jou correctly cites Connell for the proposition that the labor law exemptions do not confer a blanket antitrust immunity.

Williams v. Bowen

660 F. Supp. 192 · District Court, S.D. New York · Apr 29, 1987

In evaluating Williams’ disability application, the AU found that although the medical evidence in the record established the existence of a right knee condition on or before established the existence of a right knee condition … Her counsel clearly presented the argument that Williams need not meet or equal the listing in order to qualify for disability benefits if other evidence demonstrated that she could not perform any gainful activity.

Kornreich v. Bedford Central School District

District Court, S.D. New York · Dec 3, 2019

Qualified immunity shields government officials whose conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “A qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such

Bogan v. Northwestern Mutual Life Insurance

152 F.R.D. 9 · District Court, S.D. New York · Nov 18, 1993

Plaintiffs have intimated but not established that they may have to forego further depositions because of the financial burden imposed. … I do not find that Judge Fox acted clearly erroneously or contrary to law in authorizing the deposition.

Flores v. Southern Peru Copper Corp.

253 F. Supp. 2d 510 · District Court, S.D. New York · Jul 16, 2002

I decline to hold that a case properly brought under the ATCA is immune from forum non conveniens analysis. No Second Circuit case reaches that result. … Siles Vallejo is qualified to opine on that question, and his opinion is negative.

Katz v. Feinberg

167 F. Supp. 2d 556 · District Court, S.D. New York · Apr 11, 2001

Section 2(b) of the Purchase Agreement established the guidelines by which Mahoney, Cohen was required to determine the FSPP. … It would be most unusual if parties to an agreement established co-ordinate tribunals to determine the same issue.

Streichert v. Town of Chester, New York

District Court, S.D. New York · Sep 23, 2022

Mem. 13–15), and qualified immunity, (Defs.’ Reply Mem. of Law in Supp. of Mot. for Summ. J. (“Defs.’ Reply) 9–10 (Dkt. No. 66)). … Supp. 2d 374, 394 (S.D.N.Y. 2011) (“The right to be free from gender discrimination was clearly established at the time of the incidents in question.”.)

Kane v. City of New York

468 F. Supp. 586 · District Court, S.D. New York · Mar 19, 1979

A comparison of the allegations made in prior actions, state and federal, with those herein establishes that he is raising the identical claims except that he now blames all prior judicial improprieties on Mayor Koch and … Despite the denials of relief in each of these actions, he continued to initiate numerous federal and state suits which were clearly harassing in purpose.

Concerned Citizens v. United States Department of Transportation

579 F. Supp. 2d 427 · District Court, S.D. New York · Sep 12, 2008

Given this broad environmental assessment, the Court cannot conclude that the “categorical exclusion” classification was clearly erroneous. b. … Having failed to clearly establish a likelihood of success on the merits, the Citizens’ application for a temporary restraining order and their motion for a preliminary injunction are denied. It is so ordered. 1 .

H. v. The Archdiocese of New York

District Court, S.D. New York · Feb 3, 2025

By contrast, in ruling on a qualified-immunity defense in a case, brought under 42 U.S.C. §§ 1981 and 1983 and alleging peer-on-peer harassment against a Black kindergartner, the Second Circuit relied on Davis to note that … Margaret, and only one episode of which was clearly connected to her disability, qualifies as severe and pervasive. 2.

The Empress

8 F. Cas. 692 · District Court, S.D. New York · Jun 10, 1862

The warning and immunity from capture provided by the proclamation of April 19, 1SG1, must, therefore, be understood to refer to and embrace only those vessels which approach a port in ignorance of its being under blockade … The evidence of the dishonest intent of the vessel in her approach to the passes of the Mississippi is clearly deducible from a great number of circumstances established by the testimony.

Hill v. New York City Housing Authority

220 F. Supp. 3d 499 · District Court, S.D. New York · Nov 14, 2016

To establish a prima, facie retaliation .claim under the FMLA, a plaintiff must show that: “(1) she exercised rights protected under the FMLA; (2) she was qualified for her position; (3) she suffered an adverse employment … Defendant’s justification — Plaintiffs poor work performance— is clearly well-documented, predates any application for FMLA leave, and is divorced from any retaliatory motive.

United States v. Ruiz

246 F. Supp. 2d 263 · District Court, S.D. New York · Nov 27, 2002

Such individuals, however, may themselves be minor participants, or may even qualify for a minimal participant adjustment. … But this merely establishes that Ruiz was guilty of the crime charged. It says little about his precise role in the conspiracy or the extent of his knowledge of its details.

Santiago v. THE NEWBURGH ENLARGED CITY SCHOOL DIST.

485 F. Supp. 2d 327 · District Court, S.D. New York · Apr 5, 2007

In order to make out a prima facie case, a plaintiff must, inter alia, establish that she was qualified for *338 her position. A person who cannot type is not qualified to be a typist. … In connection with this motion, the court has obtained a copy of the EEOC charge, and it clearly alleges discrimination based on race, disability and retaliation.

Harris v. City of New York

District Court, S.D. New York · Mar 2, 2023

Specifically, the Court found that defendants were entitled to qualified immunity because the force used was not clearly established as unconstitutional, but there was at least a triable issue of fact as to the objective … To prevail on a bifurcation motion, a party need only establish the presence of one of these conditions. Ricciuti, 796 F. Supp. at 86; Amato v. City of Saratoga Springs, 972 F.

Mallgren v. Microsoft Corp.

975 F. Supp. 2d 451 · District Court, S.D. New York · Oct 3, 2013

To establish diversity jurisdiction under § 1332, a plaintiff must first allege that he and the defendants are citizens of different states. … Mallgren asserts that “there were several events, oceurances [sic] and that [he], upon information and belief, qualifies this as a case of $75,000 or more,” Am. Compl. ¶ I. 6.