Case law

Chiminya Tachiona v. Mugabe

216 F. Supp. 2d 262 · District Court, S.D. New York · Aug 7, 2002

Thus, liability is established under the ATCA. *275 2. … Department of State to intervene on its behalf and seek a dismissal of the complaint based on immunity.

Dor v. District Director, Immigration & Naturalization Service, New York District

697 F. Supp. 694 · District Court, S.D. New York · Sep 29, 1988

Noting that at oral argument counsel for Dor had suggested that Petitioner’s recent marriage to a United States citizen might qualify him for a waiver of deportation, the Court stayed issuance of its mandate for 21 days after … In a case that is in this context highly relevant, Judge Kaufman observed that “Congress clearly intended that the Attorney General have six unhampered months within which to effect deportation.” United States ex rel.

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

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.

Kim v. Goldberg, Weprin, Finkel Goldstein, LLP

862 F. Supp. 2d 311 · District Court, S.D. New York · May 4, 2012

To establish a prima facie case of retaliation under the FMLA, the plaintiff must show that “(1) he exercised rights pro *318 tected by the FMLA; (2) he was qualified for his position; (3) he suffered an adverse employment … Although the Complaint says "January through April 2009,” this is clearly a typographical error, so the Court will read the Complaint as saying "January through April 2010.” .

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.

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

Wechsler v. Hunt Health Systems, Ltd.

381 F. Supp. 2d 135 · District Court, S.D. New York · Oct 16, 2003

Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds. See Baxter Diagnostics, Inc. v. … The letter’s authenticity should be easily established at trial, as “Rule 901 [of the Federal Rules of Evidence] does not erect a particularly high hurdle.” See United States v.

Zito v. Donahoe

915 F. Supp. 2d 440 · District Court, S.D. New York · Dec 20, 2012

A plaintiff must first establish a prima facie case of unlawful discrimination. … Assuming, without deciding, that Zito was a member of a protected class at the time of the alleged discriminatory acts and that he was otherwise qualified for his position, Zito still has not established a prima facie case

Vega v. Molina

District Court, S.D. New York · Mar 21, 2025

It is “well established that officials acting in a judicial capacity are entitled to absolute immunity against § 1983 actions, and this immunity acts as a complete shield to claims for money damages.” Montero v. … Plaintiff incorrectly argues that the ALJ Defendants do not have judicial immunity because they acted contrary to “clearly valid statutes” that divested them of jurisdiction.

Chabot v. Day

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

Not only does this misstate Plaintiff’s allegations, it is insufficient to raise a qualified immunity claim at this stage. See Brown v. … May 16, 2019) (declining to consider qualified immunity argument where defendants “merely restate[d] the qualified immunity caselaw without meaningfully applying that caselaw to the facts of th[e] case”); Ben-Reuben v.

Wright v. Goldman, Sachs & Co.

387 F. Supp. 2d 314 · District Court, S.D. New York · Jan 26, 2005

Comply 5) In order to make out a prima facie case of discrimination on this ground, a plaintiff must establish that (a) he is a member of a protected class, (b) he was qualified for a job for which he applied, (c) he was … In these circumstances, the Defendants cannot show that Wright was not qualified to work as a processor in Goldman’s T & E unit.

Gattoni v. Tibi, LLC

254 F. Supp. 3d 659 · District Court, S.D. New York · May 25, 2017

Exhibit C to the Complaint clearly shows an “application,” rather than a certificate of registration, for the Photograph. … To establish a violation under subsection 1202(b), a plaintiff must show “(1) the existence of CMI on the [infringed work]; (2) removal and/or alteration of that information; and (3) that the removal and/or alteration was

In Re Wolfson

453 F. Supp. 1087 · District Court, S.D. New York · Jun 15, 1978

of participating in a “scheme to frame” him and of “railroading” him, adding that he could fully document his charges, inviting a lawsuit if he could not prove them, and asserting his financial responsibility and lack of immunity … S.Rep. 93-419, 93d Cong. 1st Sess. 5 (1973); H.R.Rep. 93-1453, 93d Cong. 2d Sess. 5 (1974).” 8 . “ . . . we do not say that the more vicious the attack on the judge the less qualified he is to act.

Estee Lauder, Inc. v. Harco Graphics, Inc.

621 F. Supp. 689 · District Court, S.D. New York · Mar 21, 1984

By its submission of a lengthy affidavit with attached exhibits, Perry has clearly gone beyond the face of the pleadings. … Estee Lauder’s action is clearly one based upon fraud.

Mazyck v. Metropolitan Transportation Authority

893 F. Supp. 2d 574 · District Court, S.D. New York · Sep 4, 2012

County of Nassau, 524 F.3d 160, 164 (2d Cir.2008) To establish a prima facie case regarding the alleged failure to transfer, Plaintiff must show that “[he] applied for an available position for which [he] was qualified, but … Nonetheless, in the Amended Complaint, Plaintiff Mazyck alleges that Defendant MTA’s actions deprived him of “rights, privileges and immunities secured by the United States Constitution and law and [§ 1983].” (Am.

Atlantis Health Plan, Inc. v. Local 713, I.B.O.T.U.

258 F. Supp. 2d 284 · District Court, S.D. New York · Apr 16, 2003

If the state law does not clearly refer to ERISA plans it may still be preempted if it has a “connection with” ERISA plans. Id. … For, the Court concludes that it does not have jurisdiction over this case because the second prong of the complete preemption doctrine is clearly not satisfied.

United States v. Lynch

952 F. Supp. 167 · District Court, S.D. New York · Jan 10, 1997

That kind of conduct is not present here. *171 Although the Second Circuit, in a criminal contempt case involving a defendant who refused to testify as a trial witness after he had been immunized and directed to answer questions … However, even assuming arguendo that the Court were satisfied that the Government’s proof established the requisite willfulness, the Court would still find the defendants not guilty.

Santana

District Court, S.D. New York · May 27, 2026

However, while “[p]ro se complaints are held to less stringent standards than those drafted by lawyers, even following Twombly and Iqbal,” dismissal is “appropriate where a plaintiff has clearly failed to meet minimum pleading … To state a claim under Section 504 of the Rehabilitation Act, a prisoner must establish that: (1) he is a qualified individual with a disability; (2) he is otherwise qualified to participate in the offered activity or program

Nieves v. Douglas Steamship, Ltd.

451 F. Supp. 407 · District Court, S.D. New York · May 8, 1978

Prior to the 1972 amendments to the Act, the Supreme Court held that in non-collision admiralty cases no right of contribution existed against a joint tortfeasor who was a compensation-paying employer immune from suit by … Clearly then, Golten’s tort contribution claim is one asserted “on account of” plaintiff’s injury within the meaning of § 905(a) and, as such, must be dismissed.