Case law

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.

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.

Rodriguez v. Shanahan

84 F. Supp. 3d 251 · District Court, S.D. New York · Jan 30, 2015

A seven year delay hardly qualifies as a mere “administrative oversight.” … Congress established another set of rules, the Transition Period Custody Rules (“TPCR”), to apply in the interim. IIR-JRA § 303(b).

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

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.

United States v. Cuevas

402 F. Supp. 2d 504 · District Court, S.D. New York · Dec 12, 2005

Diplomatic custom demands such formality for good reasons: requiring that conditions of extradition be clearly established by diplomatic exchange avoids ambiguity, provides courts with clear evidence of intent, and establishes … multilateral treaty, under which the United States and the Dominican Republic (among others) agreed that certain drug offenses not contemplated by the Extradition Treaty, including those for which Juan and Jose were charged, qualify

Yim Tong Chung v. Smith

640 F. Supp. 1065 · District Court, S.D. New York · Jul 31, 1986

Such a tortuous procedure would clearly circumvent the asylum procedure as described in Chun, supra, 708 F.2d at 873 . See also Hotel & Restaurant Employees Union, Local 25 v. … United States temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States....”

Langman v. Western Electric Co.

488 F. Supp. 680 · District Court, S.D. New York · Mar 14, 1980

Although defendant has not clearly so stated, we assume that its argument must be addressed to the form of the notice rather than to its very existence. … Nyquist (2d Cir. 1977) 553 F.2d 296 , provides that no otherwise qualified handicapped individual shall be concluded from the participation in any program receiving Federal Assistance solely by reason of his handicap.

Bunten

District Court, S.D. New York · Jun 8, 2026

Donat appealed from that portion of the Opinion and Order that denied his motion for summary judgment based upon qualified immunity. … who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities

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.

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.

Colaio v. Feinberg

262 F. Supp. 2d 273 · District Court, S.D. New York · May 8, 2003

The Special Master reviews the claim and determines the amount of the award, a finding immune from judicial review. Act § 405. … The Special Master’s policies qualify for Chevron deference or, at a minimum, Skid-more respect.

United States v. Smith

985 F. Supp. 2d 506 · District Court, S.D. New York · Dec 4, 2013

Good cause exists “when a party shows that disclosure will result in a clearly defined, specific and serious injury.” … See Pansy, 23 F.3d at 786 (noting in civil context that “[g]ood cause is established on a showing that disclosure will work a clearly defined and serious injury.... The injury must be shown with specificity.”

Harry C. Partridge, Jr. & Sons, Inc. v. M & R Construction Corp. (In Re Harry C. Partridge, Jr. & Sons, Inc.)

48 B.R. 1006 · District Court, S.D. New York · May 7, 1985

The two percent retainage provision was established in recognition of the fact that M & R had also furnished a surety bond to Camden County to guaranty its faithful performance under the prime contract. 6. … As the qualified general contractor, M & R was entitled, as a matter of law, to the benefit of N.J.Stat.

Optopics Laboratories Corp. v. Savannah Bank of Nigeria, Ltd.

816 F. Supp. 898 · District Court, S.D. New York · Mar 22, 1993

. § 1330 , which provides that district courts shall have original jurisdiction over non-jury civil actions against a foreign state, and also under the Foreign Sovereign Immunities Act. … After the Letter of Credit was. established and in reliance thereon, Ashford shipped the pharmaceuticals to Mabson.

Acosta v. Mamaroneck

District Court, S.D. New York · Oct 28, 2024

Halpern United States District Judge ® Defendants also seek summary judgment dismissing the Amended Complaint on the basis that they are entitled to qualified immunity. (Def. … Given the conclusions reached herein, the Court need not and does not reach this argument regarding qualified immunity.

Upstream Energy Services v. Enron Corp. (In Re Enron Corp.)

326 B.R. 497 · District Court, S.D. New York · Jun 23, 2005

The Court stated that the exculpation provision in the Plan [was] appropriately limited to a qualified immunity for acts of negligence and [did] not relieve any party of liability for gross negligence or willful misconduct … Because Upstream failed to file its objections to the Plan before March 3, 2004, Upstream did not have access to the electronic document depository established by the debtors. (Rosen Deck ¶ 8.)

United States v. Bausch & Lomb Optical Co.

3 F.R.D. 331 · District Court, S.D. New York · Jan 15, 1943

These and certain administrative provisions of the wholesale and retail sublicenses clearly established them as the framework of an unlawful distribution system, in restraint of interstate trade. … Many genuine issues of material facts are clearly presented for a trial court and under Rule 56, F.R.C.P., a partial summary judgment cannot be granted when that is shown.

Relational Investors LLC v. Sovereign Bancorp, Inc.

417 F. Supp. 2d 438 · District Court, S.D. New York · Mar 2, 2006

Sovereign concedes that its classified board structure was established through its original Articles of Incorporation established by its incorporators, rather than through any bylaw adopted by those who became its shareholders … It provides, simply and clearly, that a majority vote of qualified shareholders may remove directors from office: No director of the Corporation shall be removed from office as a director, by the vote of shareholders, unless

Garcia v. Shanahan

615 F. Supp. 2d 175 · District Court, S.D. New York · May 1, 2009

In Chevron, the Supreme Court established a two-step framework for courts reviewing an administrative agency’s interpretation of a statute. Id. … Because the entire section speaks of certain qualifying offenses, it is only natural to read the “when the alien is released” clause to mean “when the alien is released from custody arising from the qualifying offense.”