Case law

Do Rosário Veiga v. World Meteorological Organisation

486 F. Supp. 2d 297 · District Court, S.D. New York · May 7, 2007

Kraft Foods Inc., 926 F.Supp. 407, 415 (S.D.N.Y.1996) (“Dismissal of a case on forum non conveniens grounds is discretionary and should only be granted ‘when trial in the chosen forum would “establish ... oppressiveness and … See Piper Aircraft, 454 U.S. at 254 , 102 S.Ct. 252 (noting that dismissal may not be in the interest of justice “if the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy

Kaur v. New York City Health and Hospitals Corp.

688 F. Supp. 2d 317 · District Court, S.D. New York · Feb 19, 2010

Plaintiff Has Failed to Establish a Case of Hostile Work Environment Plaintiff has failed to establish the occurrence of any incidents that were “severe or pervasive” enough to create an objectively hostile work environment … Holdings, Inc., 11 Misc.3d 764 , 816 N.Y.S.2d 310 , 317 (2006) (“[The] legislative history clearly contemplates that the New York City Human Rights Law be liberally and independently construed with the aim of making it the

Chen-Oster v. Goldman, Sachs & Co.

293 F.R.D. 547 · District Court, S.D. New York · Jun 18, 2013

The protection claimed must be narrowly construed and its application must be consistent with the purposes underlying the asserted immunity. Id. … While legal risks may ripen into litigation, not all risk management qualifies as anticipation of litigation. Generalized steps to avoid non-specific litigation are not accorded work product protection.

Galella v. Onassis

353 F. Supp. 196 · District Court, S.D. New York · Jul 5, 1972

To establish himself as the peerless photographer who could capture the comings and goings and doings of Mrs. … The other two, however, are pretty clearly not.

Laumann v. National Hockey League

105 F. Supp. 3d 384 · District Court, S.D. New York · May 14, 2015

Rule 23 would become an efficient means of immunizing wrongdoing— by allowing defendants to invoke the positive effects of their illegal conduct, to fend off liability. … Clearly, the “purpose of Illinois Brick was not to prevent the only non-conspirators in a multi-level distribution chain — consumers no less — from bringing a private antitrust suit.” Id. at 482 .

Morin v. Trupin

738 F. Supp. 98 · District Court, S.D. New York · May 8, 1990

The particular grounds for attachment urged here are those stated in subdivisions (1) and (3) of that provision: (1) the defendant is a non-domiciliary residing without the state, or is a foreign corporation not qualified … Strater, 20 A.D.2d 889, 248 N.Y.S.2d 945, 946 (1st Dep’t 1964) (defendant held non-domiciliary where he clearly had abandoned New York residence and established as his sole abode a city outside of the state); Harshbarger

Kumar v. Alhunaif

District Court, S.D. New York · Mar 17, 2025

Rather, he appears to fault Plaintiff for failing to cite the case earlier—essentially arguing that, in neglecting to rebut his claim to residual immunity in her Complaint, she failed to establish subject matter jurisdiction … It is well established that “delay alone is not a sufficient basis for establishing prejudice.” Davis v. Musler, 713 F.2d 907, 916 (2d Cir. 1983).

Herbert v. City of New York

748 F. Supp. 2d 225 · District Court, S.D. New York · Oct 8, 2010

Prima Facie Case In order to establish a prima facie case of discrimination, Herbert must show: “(1) that she belonged to a protected class; (2) that she was qualified for the position she held; (3) that she suffered an adverse … The pñma facie showing requires only a showing that she was “qualified for the position she held.” Holcomb, 521 F.3d at 138 .

United States v. Murgio

209 F. Supp. 3d 698 · District Court, S.D. New York · Sep 19, 2016

See Black’s Law Dictionary, supra, at 788 (“A sum of money or other liquid assets established for a specific purpose.” (emphasis added)). … The examples of “other assets” that Black’s provides—stocks, bonds, or working capital—are clearly broader than just “currency.”

Register. Com, Inc. v. Verio, Inc.

126 F. Supp. 2d 238 · District Court, S.D. New York · Dec 8, 2000

Although Register.com was unable to directly measure the amount by which its systems capacity was reduced, the record evidence is sufficient to establish the pos-sessory interference necessary to establish a trespass to chattels … Verio's e-mails clearly violate Register.com’s terms of use. Verio’s unsolicited e-mail solicitations are "mass” by any definition of the term.

Saroyan v. William Saroyan Foundation

675 F. Supp. 843 · District Court, S.D. New York · Dec 18, 1987

The Court determined that the children need only establish their biological relationship and a recognized status under state law to qualify. 351 U.S. at 580-81 , 76 S.Ct. at 979-80 . … Rather, the Foundation argues that plaintiffs must show additional elements to establish renewal rights.

Perales v. Thornburgh

762 F. Supp. 1036 · District Court, S.D. New York · Apr 18, 1991

The statute established a legalization program for qualified aliens who had resided in the United States unlawfully since before January 1, 1982, and required the Attorney General to designate a twelvemonth period during … Generally, the evidence of employment submitted under paragraph (d)(3)(i) of this section [to establish proof of the requisite period of continuous residence necessary to qualify for legalization under IRCA] will serve to

Angus Partners LLC v. Walder

52 F. Supp. 3d 546 · District Court, S.D. New York · Sep 16, 2014

Clause, and to the Privileges [or] Immunities Clause of the Fourteenth Amendment, as well as the Equal Protection Clause of the Fourteenth Amendment.” … First, Plaintiffs have failed to establish that the challenged programs even received TBTA surpluses.

Rodriguez v. Chandler

641 F. Supp. 1292 · District Court, S.D. New York · Aug 11, 1986

not violate clearly established statutory or constitutional rights of which a reasonable person would have known. 20 This argument, however, goes to the merits of plaintiff’s claim and is not properly the subject of a Rule … Whether Chandler is in fact shielded by good faith immunity is an issue to be determined at trial if plaintiff argues for relief under that theory- *1299 III.

Piazza v. Florida Union Free School District

777 F. Supp. 2d 669 · District Court, S.D. New York · Apr 7, 2011

Plaintiffs bear the burden of establishing that the futility exception applies. See J.S., 386 F.3d at 112 . … Therefore, Plaintiffs must establish that an exception to the exhaustion requirement applies. i.

Webcraft Technologies, Inc. v. McCaw

674 F. Supp. 1039 · District Court, S.D. New York · Nov 25, 1987

Webcraft is likely to succeed on the merits in showing that the contacts list qualifies as a trade secret. … In view of her clearly established breach of fiduciary duty, I believe this correctly draws the line. It leaves her free to solicit the remainder of the universe of prospective customers.

Zakre v. Norddeutsche Landesbank Girozentrale

396 F. Supp. 2d 483 · District Court, S.D. New York · Nov 2, 2005

Brown pulled away, clearly upset by Liesenfeld actions. Nord/LB has denied any knowledge as to her allegation. … A plaintiff can establish that the adverse action occurred in circumstances suggesting bias by showing that she was not considered for a job for which she arguably was qualified. See Stratton v.

Amalgamated Clothing & Textile Workers Union v. J. P. Stevens & Co.

475 F. Supp. 328 · District Court, S.D. New York · Jul 11, 1979

A fourth 1978 proposal asked the Board to establish a review committee to advise on management-employee relations. Each of these proposals was overwhelmingly defeated. … There are clearly instances of illegal conduct by director-nominees, unrelated to self-dealing, which would have to be disclosed, especially where they involved criminal convictions.

James v. New York City Housing Authority

622 F. Supp. 1356 · District Court, S.D. New York · Nov 15, 1985

FACTS In order to qualify for public housing, applicants must satisfy a variety of stringent eligibility standards. … Statutory Issues (1) The United States Housing Act Establishes a National Housing Policy The United States Housing Act, 42 U.S.C. § 1437 et seq., establishes a program of financial aid from the federal government to state

In Re Morgan Stanley Mortgage Pass-Through Certificates Litigation

810 F. Supp. 2d 650 · District Court, S.D. New York · Sep 15, 2011

Borrowers who did not strictly qualify for a loan under FNBN’s guidelines were coached by FNBN to falsify their loan applications to make it appear *657 that they did qualify. (Id. ¶ 61.) … Appraisers may be staff appraisers employed by the originator or independent appraisers selected in accordance with pre-established appraisal procedure guidelines established by the originator.