Case law

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. . . .

In Re Dejay Stores, Inc.

220 F. Supp. 497 · District Court, S.D. New York · Jul 17, 1963

before the filing of the Chapter XI petition, justifies considering this case as one arising under § 321.” 7 The Referee’s Findings of Fact are not contested and the dispute involves only his legal conclusions to which the “clearly … will be disregarded and the court will determine and note the actual priority “where one day only is involved, and the rights of litigants depend on priority in time of two occurrences on that day, and the priority can be established

Amendola v. Bristol-Myers Squibb Co.

558 F. Supp. 2d 459 · District Court, S.D. New York · Jun 4, 2008

But, to qualify for this exemption “[t]he exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or … Thus, “the activities of the marketing representatives are clearly ancillary to John Alden’s principal production activity — the creation of insurance policies.” Id. at 10 .

Hall v. Department of Corrections Medical Department

District Court, S.D. New York · Jul 21, 2020

immunity. … Qualified Immunity Defense Defendants argue in the alternative that Plaintiff’s Eighth Amendment claim must be dismissed based on the defense of qualified immunity.

Grotrian, Helfferich, Schulz, Th. Steinweg Nachf. v. Steinway & Sons

365 F. Supp. 707 · District Court, S.D. New York · Oct 1, 1973

Before the amendment to § 1114(1) in 1962, both the Act and the cases applying it required confusion of “purchasers as to the source or origin of such goods or services.” 1 The amendment, however, eliminated the qualifying … investment *719 had increased from $500,000 to $900,000 over an eight-year period in which the senior user remained silent; the defendant spent these large sums as it was increasing its business in reliance upon its apparent immunity

Mooney v. AXA Advisors, L.L.C.

19 F. Supp. 3d 486 · District Court, S.D. New York · Apr 10, 2014

The Court need not examine whether the allegations in the complaint meet all the elements necessary to establish a qualified privilege. Mooney has sufficiently pled that the statements were made with actual malice. … Absent the elements of qualified privilege appearing on the face of the complaint, “defendants may not establish the existence of an affirmative defense by a motion to dismiss under Civ.R. 12(B)(6).”

Wedbush Morgan Securities, Inc. v. Robert W. Baird & Co.

320 F. Supp. 2d 123 · District Court, S.D. New York · May 31, 2004

Instead, the error must be “plainly evident from the arbitration record,” Duferco, 333 F.3d at 388, such that it is “obvious and capable of being readily and instantly perceived by the average person qualified to serve as … When the bases for the decision are not explained, the reviewing court must attempt to infer from the facts of the case whether the arbitrators appreciated and ignored a clearly governing legal principle. Id. at 12-13 .

In Re South African Apartheid Litigation

624 F. Supp. 2d 336 · District Court, S.D. New York · May 27, 2009

Mem.") at 6. [16] If defendants' argument that courts are required to defer to the Governments' views without conducting any independent analysis were correct, this issue would clearly involve a controlling issue of law. … Alvarez-Machain cited only one case, which concerned deference to the Executive Branch under the Foreign Sovereign Immunities Act ("FSIA").

Robinson v. Metro-North Commuter Railroad

197 F.R.D. 85 · District Court, S.D. New York · Sep 27, 2000

If applied to this case, such a standard would clearly require denial of class action status under Rule 23(b)(2), since determination of the damages suffered by individual members of the class would require individualized … Accordingly, the Court concludes that this case does not qualify for class certification, either in its entirety or as bifurcated, under either Rule 23(b)(2) or Rule 23(b)(3).

Trautz v. Weisman

846 F. Supp. 1160 · District Court, S.D. New York · Mar 16, 1994

The first part of the analysis is whether or not counsel is qualified, experienced and generally able, to conduct the litigation. In re Drexel, 960 F.2d at 291 . … Defendants concede that the attorneys at Disability Advocates Inc. who are handling this case are sufficient *1168 ly qualified and experienced to represent the class.

Simon Property GRroup, L.P v. U.S. Bank National Association

District Court, S.D. New York · Nov 17, 2021

The word “CONFIDENTIAL” shall be placed clearly on each page of the Protected Material (except deposition and hearing transcripts) for which such protection is sought. … , such production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any such privilege, doctrine, or immunity.

In re Grand Jury Proceedings

994 F. Supp. 2d 510 · District Court, S.D. New York · Jan 28, 2014

It is therefore appropriate to set forth some of the established principles of law at work in this matter. The grand jury is a centuries-old “constitutional fixture.” United States v. … This is because, like it or not, “it is clearly recognized that the giving of testimony and the attendance upon court or grand jury in order to testify are public duties which every person within the jurisdiction of the Government

Adamowicz v. Internal Revenue Service

552 F. Supp. 2d 355 · District Court, S.D. New York · Mar 31, 2008

In this case, the Government relies on the Dichter Declaration to establish the adequacy of its search. (Defs Reply 2.) … To properly withhold documents under this exemption, the Government must establish both that the statute invoked qualifies under Exemption 3 and that the documents withheld qualify for nondisclosure under that statute.

Johnson v. McMahon

District Court, S.D. New York · Jun 26, 2019

This claim clearly challenges judicial conduct. It is therefore barred under the doctrine of judicial immunity and is dismissed on this basis. B. … Vill. of Kiryas Joel, 207 F.3d 105, 110 (2d Cir. 2000) (discussing “the well-established rule that a plaintiff cannot avoid the effects of res judicata by ‘splitting’ his claim into various suits, based on different legal

Medina

District Court, S.D. New York · Feb 11, 2026

However, Plaintiff’s remaining activities do not qualify as protected activity. … Mar. 30, 2021) (dismissing NYSHRL and NYCHRL claims against CUNY pursuant to Rule 12(b)(1) on sovereign immunity grounds).

Zaretsky v. William Goldberg Diamond Corp.

69 F. Supp. 3d 386 · District Court, S.D. New York · Nov 17, 2014

consigned it, along with other items, to Derek Khan, a well-known celebrity fashion stylist. 2 The purpose of the consignment — which reflected an ongoing arrangement between Khan and WGDC, 3 and between Khan and other established … “By his occupation,” Khan clearly “[held] himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction.” 33 Therefore, the merchant entrustment rale applies, and WGDC is estopped

United States v. Bethlehem Steel Corp.

21 F.R.D. 568 · District Court, S.D. New York · Mar 15, 1958

However, the defendants urge that use of information furnished is permitted in certain instances and that the provisions of Section 9 are qualified by exceptions incorporated in Section 8 which provides : “(b) The Secretary … since under Section 8 the Secretary of Commerce is empowered to make disclosure only in the event it is not detrimental to the persons submitting the information, this involves an exercise of discretion, which Congress *571 clearly

In re Scotts EZ Seed Litigation

304 F.R.D. 397 · District Court, S.D. New York · Jan 26, 2015

The pictures reflect that EZ Seed clearly outperforms ordinary seed. Above the pictures are the words, “50% THICKER WITH HALF THE WATERtf.” … A defendant must clearly manifest his intent that the payment "represents a full satisfaction of the claim.” Id.

Bowen v. New York News, Inc.

366 F. Supp. 651 · District Court, S.D. New York · Aug 23, 1973

It has long been established that vertical restraints as to territory or customers are per se violations of the Sherman Act if they are ancillary to *673 price fixing as they clearly are here. See White Motor Co. v. … In order to accomplish this task, The News is seeking the services of qualified men to supervise the boy delivered franchise districts.

Equal Employment Opportunity Commission v. New York State

846 F. Supp. 306 · District Court, S.D. New York · Mar 23, 1994

It held that “In order to qualify for the § 4(j) exemption, a firefighter or law enforcement mandatory retirement law____must be no more restrictive than the retirement rule that the employer had in place on March 3, 1983 … By its own terms, the law on its face is clearly not retroactive, as it took effect 30 days after passage. The line of cases cited by the defendants is therefore clearly inapposite.