Case law

Warth Line, Ltd. v. Merinda Marine Co., Ltd.

778 F. Supp. 158 · District Court, S.D. New York · Nov 12, 1991

It went on to say that: The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … These well-settled principles establish that the arbitrators might properly have disregarded the Surveyor’s report without exceeding their powers under § 10(a)(4).

University Hospital, New York University Medical Center, New York University v. Bowen

684 F. Supp. 1234 · District Court, S.D. New York · May 2, 1988

To qualify as a special care unit, the unit must comply with objective criteria which the Secretary has established to ensure that costs are properly allocated and that a provider’s Medicare reimbursement is as accurate and … Plaintiff has only appealed the Secretary’s determination that the CVSCU does not qualify as a special care unit.

Bonano

District Court, S.D. New York · May 7, 2026

Similarly, at that court appearance, Judge Smith set a deadline for Plaintiff’s omnibus motion that was shorter than the time period established by state law, which Plaintiff took as further evidence of Judge Smith’s … The complaint does not clearly state the disposition of the motion. (Id. at 15-18.)

In Re AOL Time Warner, Inc. Securities & "Erisa" Litigation

381 F. Supp. 2d 192 · District Court, S.D. New York · May 5, 2004

Further, “linking future success to present and past performance does not render statements immune from liability.” APAC at *8. … See APAC, 1999 WL 1052004 , at *8 (holding that “linking future success to present and past performance does not render statements immune from liability”).

Glendora v. Cablevision Systems Corp.

893 F. Supp. 264 · District Court, S.D. New York · Jul 19, 1995

If joint action between state officials and Cablevision is established, state action may be present. … Selsky, 5 F.3d 616 (2d Cir.1993) ("Although the district court did not address the appellees’ claim that they were entitled to qualified immunity, we may affirm on any basis supported by the record, including grounds upon

Meachem v. Wing

77 F. Supp. 2d 431 · District Court, S.D. New York · Dec 9, 1999

The Marino court noted that [t]he Supreme Court has clearly distinguished between a claim that an established state procedure does not afford procedural due process and a claim that a property right was lost because of a … Thomas, 105 F.3d 65, 68 (2d Cir.1997) (“If an act by a state violates the federal Constitution or federal law, however, then the enforcing state actor loses official immunity....”)

Richardson v. City of New York

District Court, S.D. New York · Sep 29, 2020

immunity. … The doctrine of qualified immunity provides a complete defense where “either (a) it was objectively reasonable for the officer to believe that probable cause existed, or (b) officers of reasonable competence could disagree

Carner v. MGS-576 5th Ave. Inc.

977 F. Supp. 629 · District Court, S.D. New York · Aug 18, 1997

qualified beneficiary of his rights within 14 days of when the administrator was notified of the qualifying event. 29 U.S.C. 1166(c). 18 The qualified beneficiary is then given 60 days to elect to continue coverage after … Such sanctioning is clearly within this court’s discretion pursuant to 29 U.S.C. § 1132 (c).

Stewart v. New York University

430 F. Supp. 1305 · District Court, S.D. New York · Mar 16, 1976

Plaintiff challenges the Law School’s minority admissions policy, contending that it is unlawfully discriminatory since some of the applicants who were admitted to the September, 1974 entering class were less qualified than … It may mean an immunity from legal disability to own property or make a contract. . . .

Catskill Development, L.L.C. v. Park Place Entertainment Corp.

144 F. Supp. 2d 215 · District Court, S.D. New York · May 14, 2001

The Act established the National Indian Gaming Commission (NIGC) to regulate Indian gaming. … Plaintiffs have thus clearly identified the geographical market as the state of New York.

Cutner v. Fried

373 F. Supp. 4 · District Court, S.D. New York · Mar 13, 1974

All that is alleged, therefore, is a direct violation of Rule llb-l(a)(2) and the Act (since the Rule is promulgated under the Act), a situation clearly distinguishable from Weinberger . … Courts are not qualified to fix rates or to determine what practices related to rates are to be preferred.

United States v. Sperling

362 F. Supp. 909 · District Court, S.D. New York · Aug 23, 1973

Accordingly, on April 25, 1973 —within two weeks of the filing of the original indictment — a pretrial hearing was conducted, at which time the ground rules of discovery were established. … The record will clearly indicate that all requests of defendant Sperling were embraced in the charge, some in haec verba, except those which do not represent law in this Circuit.

United States Ex Rel. Tom We Shung v. Murff

176 F. Supp. 253 · District Court, S.D. New York · Jul 29, 1959

Clearly, there is no basis for a hearing de novo. … In any event, changes in foreign governments, whether peaceful or cataclysmic, do not create immunity for excludable aliens from the provisions of our exclusion laws.

East River Savings Bank v. Secretary of Housing & Urban Development

702 F. Supp. 448 · District Court, S.D. New York · Dec 16, 1988

Accordingly, section 1702’s waiver of sovereign immunity applies in this case. … Plaintiffs claims against HUD and against Vanguard clearly arise from a common nucleus of operative fact.

Rubio v. Chock Full O'Nuts Corp.

254 F. Supp. 2d 413 · District Court, S.D. New York · Mar 31, 2003

Rather, the EBAC is clearly the committee with the ultimate responsibility for plan interpretation. … While, by itself, the interpretation conveyed in the Haas Memo is not dispositive, as the Court has determined the document does not qualify as an SPD, it does clearly support the reasonableness of Plaintiffs’ understanding

Moskowitz v. United States

64 F. Supp. 3d 574 · District Court, S.D. New York · Dec 9, 2014

The former contains an important qualifier, but Petitioner’s brief repeatedly contorts Gold’s statement to say the latter. … Reputational harm, however, is clearly insufficient to establish continuing legal consequence. United States v.

Dawson v. Beebe

District Court, S.D. New York · Aug 19, 2025

alleged constitutional retaliation, Defendant Rivera “would clearly have moved to dismiss it as well.” … In Doe, the Court of Appeals characterized the definition of “employer” under the NYSHRL as “narrow,” and it specifically held that, under the NYSHRL, “a corporate employee simply does not qualify as an ‘employer,’

Figueroa v. Dean

425 F. Supp. 2d 448 · District Court, S.D. New York · Mar 31, 2006

TTY Telephone Access DOCS and Wende policy on inmate access to TTY is clearly established. … The established policies of DOCS and Wende regarding interpreters closely track the language of the Consent Decree.

Rivera v. City of New York

392 F. Supp. 2d 644 · District Court, S.D. New York · Oct 11, 2005

To establish a prima facie case, a plaintiff must point to record evidence showing that: (1) he is a member of a protected class; (2) he applied for and was qualified for a job for which the employer was seeking applicants … Norton clearly falls short of the strict standard required by courts in claims of intentional or negligent infliction of emotional distress.

Arrow, Edelstein & Gross, P.C. v. Rosco Productions, Inc.

581 F. Supp. 520 · District Court, S.D. New York · Feb 29, 1984

The corporate defendants clearly benefited from plaintiff’s professional services. … Clearly, plaintiff has not and can not rely on any of these grounds to establish the personal liability of Rossington and Collins. 21 . The exact status of the corporate defendants has never been revealed to the Court.