Case law

Doe v. Karadzic

176 F.R.D. 458 · District Court, S.D. New York · Dec 2, 1997

Therefore, joinder clearly would be impracticable and plaintiffs satisfy the numerosity requirement of Rule 23(a). … There can be no dispute that class counsel is well qualified to conduct the litigation.

Committee for Public Education & Religious Liberty v. Levitt

342 F. Supp. 439 · District Court, S.D. New York · Apr 27, 1972

We are guided so clearly by the decision of the Supreme Court last term in Lemon v. Kurtzman and Earley v. … Even before its holding in Lemon that such payments violated the establishment clause, the Court had cautioned in Walz v.

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.

Barnett v. The City of Yonkers

District Court, S.D. New York · May 19, 2020

performs the investigative functions normally performed by a detective or police officer, he is eligible only for qualified immunity.” (citations and quotation marks omitted)). … by absolute immunity.

Liberty Media Corp. v. Vivendi Universal S.A.

618 F. Supp. 2d 335 · District Court, S.D. New York · May 28, 2009

Research, Inc., 73 F.3d 464, 473 (2d Cir.1996) (“The party asserting the privilege must establish the essential elements of the privilege.”) … Indeed, the only possible question regarding the applicability of French law would the one the magistrate focused on: whether or not E & Y-U.S. qualifies as an “expert” under the Code de commerce.

General Textile Printing & Processing Corp. v. Expromtorg International Corp.

862 F. Supp. 1070 · District Court, S.D. New York · Sep 7, 1994

The burden is on the moving party to establish the grounds for the levy. Graubard Mollen Dannett & Horowitz v. Kostantinides, 709 F.Supp. 428, 432 (S.D.N.Y.1989). … Such damages are not ordinarily sufficient to establish irreparable injury. See Jackson Dairy, 596 F.2d at 72 .

Veras-Mejia v. Brennan

418 F. Supp. 680 · District Court, S.D. New York · Aug 25, 1976

The protection of the American labor market which Congress clearly sought to achieve in enacting § 1182(a)(14) would be completely eviscerated were plaintiffs’ interpretation to prevail, for vast changes could take place … Since there is clearly a genuine issue of material fact concerning the priority date which would have been reached by March 4, 1971 in the absence of the Directive held illegal in Lewis-Mota, neither the defendants’ nor the

Straker v. Jones

986 F. Supp. 2d 345 · District Court, S.D. New York · Dec 10, 2013

Yet Congress clearly did not contemplate such a windfall for alien defendants. … However, there are “established exceptions to the exhaustion rule,” and one, futility, applies here. Id.

Hirsch v. DuPont

396 F. Supp. 1214 · District Court, S.D. New York · Jun 9, 1975

b) or § 17(a), Kohns and Mundheim must establish that those interests were “securities.” … Indeed the undisputed facts presented on this motion, consisting largely of plaintiffs’ own deposition testimony, clearly establish that both Kohns and Mundheim had a very substantial degree of managerial responsibility and

Albritton v. Fredella

District Court, S.D. New York · Aug 22, 2024

Leon, 63 F.4th 132, 138 (2d Cir. 2023) (finding defendant Alexander absolutely immune from liability in § 1983 case related to parole board decision establishing special conditions of post-release supervision). … Div. of Parole, 442 N.Y.S.2d 179, 180 (3d Dep’t 1981) (“A review of the parole hearing transcript and the board’s decision clearly establishes that the board merely reflected on the circumstances surrounding the conviction

Baron v. Port Authority of New York and New Jersey

968 F. Supp. 924 · District Court, S.D. New York · Jun 29, 1997

Plaintiffs allege that positions for which they would have been qualified have been filled by individuals with less seniority. DISCUSSION I. … In accordance with Hess and the Compact, New York courts have clearly established that a bi-state agency is bound by the terms of the Compact and any amendments or supplements implemented by legislative action of both states

Fisher v. Fashion Institute of Technology

491 F. Supp. 879 · District Court, S.D. New York · Mar 28, 1980

Christiansburg establishes that, under Title VII, subjective bad faith need not be shown. … The panel decided, 2 to 2, against Daniels, finding him less qualified than the others promoted.

Metadure Corp. v. United States

490 F. Supp. 1368 · District Court, S.D. New York · Jun 11, 1980

Hampton, 433 F.Supp. 92 (S.D.N.Y.1977), in which the district court retained jurisdiction over a former government employee’s claims for injunctive relief while dismissing his claims for back pay in excess of $10,000, is clearly … In this case, the evidence submitted establishes only that Hassine complained about the Memorandum to DLA and that DLA agreed to destroy the record as soon as Hassine gave his approval.

Ayres v. 127 Restaurant Corp.

12 F. Supp. 2d 305 · District Court, S.D. New York · Jun 16, 1998

Defendant, therefore, failed to qualify for the tip credit during this time period. … State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter.” This argument, however, is frivolous.

Kounitz v. Slaatten

901 F. Supp. 650 · District Court, S.D. New York · Sep 28, 1995

Clearly, Kounitz was not terminated as a result of exercising her First Amendment rights. She spoke only after the adverse employment decision had been made. … If she is successful in asserting a good faith immunity defense, the municipality may be wholly liable because it cannot assert the good faith immunity of its employees as a defense to a § 1983 action.

Padilla v. Maersk Line, Ltd.

271 F.R.D. 444 · District Court, S.D. New York · Oct 26, 2010

Numerosity Plaintiff argues that “numerosity is clearly met” in light of the “number of potential class members” and their geographic dispersion across “at least 43 different U.S. states and territories.” (PI. … Co., 682 F.Supp. 333 (E.D.Mich.1988), and who has ably advocated on behalf of Padilla in this action, “is qualified, experienced, and generally able to conduct the litigation,” Spagnola v.

Williams v. Salvation Army

108 F. Supp. 2d 303 · District Court, S.D. New York · Jul 31, 2000

Civ.P.”) arguing that, among other things, 1) Plaintiff was terminated for disciplinary reasons, and 2) Plaintiffs alleged injury does not qualify as a disability. … Furthermore, as evidenced by the July 30, 1995 Employee Warning Notice — upon which Plaintiffs supervisor clearly indicated “dismissal” un *314 der the “action to be taken” with respect to Plaintiffs employment — Plaintiffs

Griffin v. Corporation Counsel

District Court, S.D. New York · Jun 18, 2024

Given the lack of factual allegations in the complaint, the Court declines to consider at this stage whether any of the individual defendants are entitled to qualified immunity. See also McKenna v. … Wright, 386 F.3d 432, 434 (2d Cir. 2004) (“[A] a qualified immunity defense can be presented in a Rule 12(b)(6) motion, but that the defense faces a formidable hurdle when advanced on such a motion[.]”).

Russo v. White

775 F. Supp. 639 · District Court, S.D. New York · Oct 8, 1991

or immunities secured by the Constitution or laws of the United States.” … Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), “[t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

Skeete v. IVF America, Inc.

972 F. Supp. 206 · District Court, S.D. New York · Jul 25, 1997

However, a white male, who is less qualified than I, was selected for that position. … In an affidavit attached to her EEOC Charge Skeete states “Given the fact that I am clearly more qualified, I believe that the reason why [another applicant] was selected for the position was because he is white.