Case law

Pryor v. USX Corp.

806 F. Supp. 460 · District Court, S.D. New York · Nov 12, 1992

If this interpretation were correct, defendant would clearly be mistaken in asserting that it was sufficient for condition (ii) to be met on or before the proration date. … Plaintiffs are mistaken, as a matter of law, when they assert that it is defendant's burden to establish that these shares were timely delivered.

Mason Tenders District Council Pension Fund v. Messera

4 F. Supp. 2d 293 · District Court, S.D. New York · May 7, 1998

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v. … Contractual privity is clearly lacking. Therefore, an attorney-client relationship between Tunick and the Funds cannot be established.

Smith v. Veterans Affairs Harbor Healthcare System

District Court, S.D. New York · Jul 2, 2021

, unless such immunity is waived.”). … But “the remedial scheme established by the CSRA precludes federal civil service employees from challenging adverse employment decisions through Bivens actions for money damages.” Dotson v.

Burgos v. Murphy

692 F. Supp. 1571 · District Court, S.D. New York · Jul 28, 1988

Maddox is not a member of the panel of counsel, established pursuant to Article 18-B of the County Law, N.Y. … Maddox alleges also that the application and interview requirement is the work of a conspiracy among the defendants to deprive him of his constitutional rights to equal protection and privileges and immunities, and/or the

UrthTech LLC v. Gojo Industries, Inc.

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

relevant privilege or immunity. … , or any other immunity, or (ii) any applicable privilege or immunity has been waived other than by the inadvertent production of such material. 6.

Chambers & Barber, Inc. v. General Adjustment Bureau, Inc.

60 F.R.D. 455 · District Court, S.D. New York · Jul 30, 1973

The complaint, reading both paragraphs together, states quite clearly that the plaintiff and members of the class had no knowledge of the illegal acts or of any of the facts which might have led to the discovery thereof until … Paragraph 20 adequately sets forth activities which from their general nature may be presumed to be secret and which could qualify as means of concealment. 5 These allegations are that the defendant and co-conspirators have

Krueger International, Inc. v. Nightingale Inc.

915 F. Supp. 595 · District Court, S.D. New York · Jan 31, 1996

The general rules of trade dress protection had been long established. … Unicor clearly explained during the bid process that interstackability was only one of many considerations.

Ross v. Coughlin

669 F. Supp. 1235 · District Court, S.D. New York · Jul 30, 1987

The recent Supreme Court standards established in Turner would also suggest that the “initial shave” regulation is not protected by the First Amendment. … Moreover, the State’s obligation to provide an adequate kosher diet is a clearly established constitutional right. Kahane v. Carlson, 527 F.2d at 492 .

Winter v. American Institute of Medical Sciences & Education

242 F. Supp. 3d 206 · District Court, S.D. New York · Mar 17, 2017

On this point, the moving party must “‘clearly specify the key witnesses to be called and must make a general statement of what their testimony will cover.” … While the parties have different domiciles, the bulk of the factors clearly favor New Jersey as the “center of gravity.” Therefore, the Court will apply New Jersey law. b.

Mattera v. JPMorgan Chase Corp.

740 F. Supp. 2d 561 · District Court, S.D. New York · Sep 30, 2010

Qualified for the Position Defendants claim plaintiff cannot establish that he was qualified for his position in JPMC’s Treasury Services because he did not meet JPMC’s criteria for the job. (Def.’s Mem. at 7.) … Clearly such performance shortcomings would constitute a legitimate nondiscriminatory reason for plaintiff’s termination.

Sussle v. Sirina Protection Systems Corp.

269 F. Supp. 2d 285 · District Court, S.D. New York · Jun 10, 2003

Moreover, courts have found that Hepatitis C qualifies as a physical impairment under the ADA. See, e.g. … “The word ‘substantial’ thus clearly precludes impairments” from qualifying as disabilities where they “interfere in only a minor way” with the performance of a major life activity. Id. See also Albertson’s, Inc. v.

Dolph Clothiers, Inc. v. Salomon (In re Martin Fein & Co.)

34 B.R. 333 · District Court, S.D. New York · Nov 10, 1983

The interim trustee has since qualified and is currently acting in that capacity. On September 15, 1982, an order for relief was entered against Martin Fein & Co. 2. … In the instant case, the proceeds from the auctions conducted by the debtor for the plaintiffs were not commingled with the debtor’s funds; they were clearly segregated, identified and they created no tracing problem.

Fox v. International Conference of Funeral Service Examining Boards

242 F. Supp. 3d 272 · District Court, S.D. New York · Mar 17, 2017

statute, ordinance, regulation, custom, or usage ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … It clearly and expressly prohibits test-takers from discussing or sharing NBE content without first obtaining express permission.

United States v. International Brotherhood of Teamsters

803 F. Supp. 748 · District Court, S.D. New York · Jul 14, 1992

Once again, on November 1, 1983, Talerico was ordered to testify under a grant of *752 immunity. Once again, Talerico refused to testify and was held in civil contempt. … If that qualifies as discussion, then there was discussion.” (IO Ex. 2 at p. 47).

G. & A. BOOKS, INC. v. Stern

604 F. Supp. 898 · District Court, S.D. New York · Feb 5, 1985

That government here uses land use regulation does not then automatically immunize its actions from constitutional scrutiny. … The court’s findings of fact further establish that the second requirement of the test is met.

Universal Motors Group of Companies v. Wilkerson

674 F. Supp. 1108 · District Court, S.D. New York · Dec 11, 1987

Moreover, the salutary purpose of Congress in establishing a specific time frame for filing a removal petition was to promote efficiency in the judicial system and “minimize unwarranted intrusion into the jurisdiction of … After DiMeglio , all cases but one have clearly held that an initial document, by whatever name, which contains enough information to allow defendant to “intelligently ascertain removability” qualifies as an initial pleading

Lewin v. Shalala

887 F. Supp. 74 · District Court, S.D. New York · May 26, 1995

On July 7, 1992 the ALJ found that Plaintiff did not have a qualified hospital stay prior to her admission to the Loeb Center, and therefore, no part of her SNF stay is reimbursable. … As such, Plaintiff has not established a denial of equal protection. For the above mentioned reasons, I find that the ALJ’s decision is supported by substantial evidence.

DiBartolo v. Abbott Laboratories

914 F. Supp. 2d 601 · District Court, S.D. New York · Dec 21, 2012

Cui provide reason for this Court not to apply IID — a doctrine firmly established in New York law. c. … Rather, it qualifies the findings of the studies described in the preceding sentence, involving “malignancies [ ] other than lymphoma and nonmelanoma (basal cell and squamous cell) skin cancer.” Humira Label, at 6-7.

Banff Ltd. v. Express, Inc.

921 F. Supp. 1065 · District Court, S.D. New York · Dec 29, 1995

The evidence presented at trial clearly supported the jury’s determination that Express infringed Banffs copyright. Notably, Express does not challenge this determination. … Those sweater designs therefore fail to qualify for protection of trade dress inherent in product design. Knitwanes, 71 F.3d at 1008 (emphasis added).

Demarco v. Robertson Stephens Inc.

228 F.R.D. 468 · District Court, S.D. New York · Jan 20, 2005

[and they] will seek to offer the same evidence to prove their claim and to establish defendants’ liability.” (P. Mem.12-13.) D. … Their attorneys are qualified, experienced, and able to conduct complex securities litigation.