Case law

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

Complaint of Cosmopolitan Shipping Co.

453 F. Supp. 268 · District Court, S.D. New York · May 23, 1978

And beyond this policy of restraint, there is a “well-established judicially declared rule,” Donovan v. … Under these circumstances injunctive relief is clearly warranted.

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.

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.

Steinberg v. PRT Group, Inc.

88 F. Supp. 2d 294 · District Court, S.D. New York · Mar 28, 2000

The prospectus clearly and unequivocally warned investors that the IT business was highly competitive; “The Company experiences intense competition. … prospectus “[gave] examples of specific customer contracts” and generally described PRT’s relationships with its customers in highly positive terms, PRT had a duty to disclose that it was not securing Y2K business from its “established

Manchanda v. Reardon

District Court, S.D. New York · Feb 1, 2024

May 2, 2013) (“[B]ecause state bar disciplinary proceedings are clearly judicial in nature, quasi-judicial immunity bars Plaintiff[’]s claims against these members of the First Departmental Disciplinary Committee.” … Supp. at 120-21 (“[B]ecause state bar disciplinary proceedings are clearly judicial in nature, quasi-judicial immunity bars claims against state bar disciplinary committee members . . . and the members of the Grievance

Application of Reconstruction Finance Corp.

106 F. Supp. 358 · District Court, S.D. New York · Jul 30, 1952

Certainly, an assignee was as qualified to perform them as an assignor. … Significantly, the contracts establish that the Eastern Shipper, the respondent herein, in addition to its right to receive payment under specified conditions also assumed obligations which required it to make payments and

Grant v. Esquire, Inc.

367 F. Supp. 876 · District Court, S.D. New York · Nov 28, 1973

The publisher of a newspaper has no special immunity from the application of general laws. … This aspect of plaintiff’s claim — although spelled out in oral argument of the instant motions — is by no means clearly stated in the complaint.

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.

PPG Industries, Inc. v. Hartford Fire Insurance Co.

384 F. Supp. 91 · District Court, S.D. New York · Nov 11, 1974

To qualify as the holder of a security interest, PPG must come within the definitional requirements of Section 6323(h). … The facts of Andrello are clearly similar to those in the case at bar.

Jimenez v. Donahoe

968 F. Supp. 2d 609 · District Court, S.D. New York · Sep 11, 2013

Here, the USPS does not dispute that Jimenez is a member of a protected class who is qualified for the position he holds. (See Def.’s Mem. at 3). … Thus, a worksite rape in a suit alleging sex-based discrimination clearly would qualify. Id. (citing Ferris v. Delta Air Lines, Inc., 277 F.3d 128, 136 (2d Cir.2001)).

Morris Okun, Inc. v. Harry Zimmerman, Inc.

814 F. Supp. 346 · District Court, S.D. New York · Feb 22, 1993

PACA establishes a statutory trust for the benefit of sellers and suppliers. This trust arises from the moment perishable goods are delivered by the seller. … The regulations also clearly establish this proposition, providing that “[a]ny act or omission which is inconsistent with this responsibility [preserving trust assets], including dissipation of trust assets, is unlawful.”

City of Almaty v. Ablyazov

226 F. Supp. 3d 272 · District Court, S.D. New York · Dec 23, 2016

Framed as to answer Judge Daniels’ overarching questions, the Kazakh Entities clearly “got poorer” in Kazakhstan. … The Kazakh Entities’ allegations do not implicate the most established example of such circumstances: that some “discrete financial base ... established away from home” suffered the brunt of the losses at issue.

Folio Impressions, Inc. v. Byer California

752 F. Supp. 583 · District Court, S.D. New York · Oct 4, 1990

It clearly appears from the defendants’ uncontroverted evidence that the background of RG28.1 was an unaltered photocopy of a documentary design. Additionally, the credible testimony of Ms. Bruckert and Prof. … CONCLUSION Defendants have failed to establish that Folio’s copyright is totally invalid.

Rivera v. Heyman

982 F. Supp. 932 · District Court, S.D. New York · Oct 7, 1997

An “independent establishment” is defined within the Code as “an establishment in the executive branch.” 5 U.S.C. § 104 . … The Smithsonian is an instrumentality of the United States, established through the generosity of James Smithson, who bequeathed all his property to the United States to found an “establishment for the increase and diffusion

Seff v. National Organization of Industrial Trade Unions Insurance Trust Fund

781 F. Supp. 1037 · District Court, S.D. New York · Jan 20, 1992

The Associate Membership Agreement which DeFaber signed clearly stated that *1041 contributions must be made on behalf of all employees in order for an employer to qualify for Fund participation. … However, we recognize that the trustees decision was clearly informed by DeFaber’s admission that plaintiff was an independent contractor.

Oliver

District Court, S.D. New York · Aug 6, 2026

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Sept. 7, 2022) (“Defendants, having raised qualified immunity as to other claims but not as to this claim[,] have waived a qualified immunity argument for this claim.”) (citing McCardle v.

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.

Evans v. Board of Education of the Rhinebeck Central School District

930 F. Supp. 83 · District Court, S.D. New York · Jun 10, 1996

King testified that Moore is not qualified “for work with an adolescent. … The testimony of the experts on dyslexia clearly establishes that to benefit educationally Frank requires an intensive program of individualized, integrated, multi-sensory, sequential training.

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