Case law

Brown v. Griffin

District Court, S.D. New York · Sep 25, 2019

immunity, (id. at. 21–24). … immunity as to any Defendants or personal involvement as to Kopp, Howard, and Smith-Roberts.

Romanelli v. Long Island Railroad

898 F. Supp. 2d 626 · District Court, S.D. New York · Jul 13, 2012

LEGAL STANDARD The purpose of motions in limine is to allow a court to rule on the admissibility of potential evidence in advance of trial. 3 A court will exclude evidence on a motion in limine only if it is “clearly inadmissible … LIRR argues that Romanelli has not produced evidence identifying specific “toxins” to which he was allegedly exposed or quantified those exposures. 8 LIRR faults Romanelli for not retaining an industrial hygienist or other qualified

Messner Vetere Berger McNamee Scmetterer EURO RSCG Inc. v. Aegis Group PLC

974 F. Supp. 270 · District Court, S.D. New York · Aug 1, 1997

Maraco, 722 F.2d 1013, 1018-19 (2d Cir.1983) (qualified immunity). … Aegis owned Creamer, the tenant named in the written lease, from July of 1986 to June of 1992, and at different times owned subtenants of the leased property, performance of the tenant’s obligations under the lease is not clearly

Pickwick Music Corporation v. Record Productions, Inc.

292 F. Supp. 39 · District Court, S.D. New York · Jun 19, 1968

The proof at trial clearly establishes that Manlio Severino, John A. Severino, and George Alpert were the three individuals who ran Record Productions. The three of them formed the corporation (Tr. 10, 72). … But his corporate office is not a shield of immunity. Federal Trade Comm’n v.

Abreu

District Court, S.D. New York · Jan 9, 2026

immunity grounds. … Plaintiff has failed to allege facts sufficient to establish a Monell claim against the City Defendants.

Bainbridge Fund LTD v. The Republic of Argentina

District Court, S.D. New York · Sep 6, 2023

The Court of Appeals reasoned that, once the asset was recalled to the United States, it would “qualify as an asset ‘in the United States of a foreign state’” that should “be afforded … Similarly, the Specimen Note provides that the Republic “consents generally for the purposes of the [FSIA] to the giving of any relief,” clearly incorporating the FSIA into the consent

Carey v. Klutznick

508 F. Supp. 404 · District Court, S.D. New York · Oct 1, 1980

Carr, in which the Supreme Court set forth clearly the principles underlying the political question doctrine. … The Court has already determined that the conduct of the Census Bureau is not immune from judicial review.

Williams v. Essex

District Court, S.D. New York · Feb 5, 2021

To that point, it is well settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v. … Second, they argue that they are shielded by qualified immunity. (Def. Br. at 17-18). Given the conclusions reached herein, the Court need not and does not reach that issue.

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

Behlin v. Rite Aid Pharmacy Store

District Court, S.D. New York · Aug 24, 2020

Because Plaintiff requires multiple depositions to advance his case, and because his claims raise complex legal issues such as qualified immunity and the state action doctrine, the Court finds that, in this case, representation … The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. The Fund is especially intended for attorneys for whom pro bono service is a financial hardship.

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.

Hammonds for Green v. Bowen

652 F. Supp. 491 · District Court, S.D. New York · Jan 27, 1987

The record also establishes that up until his death Mr. Kiett was visiting Israel virtually every week even though he lived in Philadelphia and Israel lived in New York. … This type of claim is clearly not applicable to the present case where it is undisputed that Leon Kiett is Israel Green's father.

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.”

Janczuk v. United States

District Court, S.D. New York · Aug 21, 2024

Sovereign immunity The Court must dismiss Plaintiff’s claims against the United States of America under the doctrine of sovereign immunity. … factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible”); Livingston, 141 F.3d at 437 (“An action is frivolous when either: (1) the factual contentions are clearly

Choy v. Farragut Gardens 1, Inc.

131 F. Supp. 609 · District Court, S.D. New York · May 10, 1955

The FHA is an administrative unit of government and the authorization of suits against it was simply a waiver of sovereign immunity to make it amenable to process to the same extent that a private corporation would be under … Fox, 20 N.Y. 268 , until today the beneficiary of a promise, clearly designated as such, is seldom left without a remedy”. Ultramares Corp. v.

Van Alen v. Aluminum Co. of America

43 F. Supp. 833 · District Court, S.D. New York · Mar 18, 1942

Clearly, the delay is of sufficiently long duration to constitute laches provided the other elements of that defense are present. Has plaintiff had notice of the alleged infringement? … The defendant having successfully established the defense of laches, the complaint is dismissed.

McKinney ex rel. K.P. v. Huntsville Sch. Dist.

350 F. Supp. 3d 757 · District Court, S.D. New York · Oct 17, 2018

Free Speech Claim The law is clearly established that neither teachers nor students shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. S.J.W. ex. rel. Wilson v. … First, while it is well established that education is not one of the fundamental rights protected by the United States Constitution, San Antonio Sch. Dist. v.

Chrichlow v. Sipple

District Court, S.D. New York · Oct 7, 2022

To that point, it is well-settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v. … Given the conclusions herein, the Court need not and does not address Moving Defendants’ conclusory qualified immunity argument. II.

Pellegrino v. A. H. Bull Steamship Co.

309 F. Supp. 839 · District Court, S.D. New York · Apr 17, 1969

X-rays were taken there and established that plaintiff *842 had fractured two toes. The doctor applied splints and sent the plaintiff home. … This pallet was patently defective and clearly was not reasonably fit for its intended use. The missing portion on it caused this accident and the subsequent injury to the plaintiff. The S.S.

Paramore v. Filion

293 F. Supp. 2d 285 · District Court, S.D. New York · Sep 4, 2003

established federal law. … Mitchell, 329 F.3d 496, 501 (6th Cir.2003) (holding that state court decisions allowing admission of child victim’s hearsay statements were not contrary to clearly established Supreme Court precedent so as to warrant habeas