Case law

Osorio v. Westchester County

District Court, S.D. New York · Aug 21, 2019

Indeed, Rule 8 of the Federal Rules of Civil 2 To the extent Defendants also make a qualified immunity “argument,” (see Defs.’ … Mem. 15), Defendants merely restate the qualified immunity caselaw without meaningfully applying it to the facts of the case.

Nouinou v. Guterres

District Court, S.D. New York · Sep 22, 2021

OCT “advertised the post [that] Plaintiff was filling and hired a similarly qualified applicant” for the position that Plaintiff had held on a temporary contract. (Id. at 19, ¶ 69.) … These allegations are arguably insufficient to meet Plaintiff’s burden of establishing diversity jurisdiction. 5 Even if Defendant Smith were not immune from suit, Plaintiff fails to plausibly allege

Ramos v. City of New York

District Court, S.D. New York · Jul 16, 2020

In light of this, the Court need not reach the issue of qualified immunity with respect to false arrest. 2. … In light of this, the Court need not reach the favorable termination and malice elements of malicious prosecution, or qualified immunity. 3.

In Re Ephedra Products Liability Litigation

393 F. Supp. 2d 181 · District Court, S.D. New York · Sep 18, 2005

Clearly, the DCC’s cross-examination of Dr. Franklin might properly lead a jury to doubt his credibility and accept instead the opinion of the DCC’s expert, Dr. … Also sufficiently reliable — so long as he qualifies it by acknowledging that there is not enough data to prove it by scientific standards — is Dr.

Gruby v. Brady

838 F. Supp. 820 · District Court, S.D. New York · Jan 25, 1999

In order to qualify for class action status, plaintiffs initially must establish that (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; … These allegations clearly concern injury to the Fund as a whole.

Rubens v. Mason

417 F. Supp. 2d 262 · District Court, S.D. New York · Feb 15, 2006

First, a plaintiff must establish the standard of professional care in the legal community. Hatfield, 109 F.Supp.2d at 179 . … This assertion is clearly contradicted by the record.

Pagan

District Court, S.D. New York · Sep 30, 2025

On a motion to dismiss, Plaintiff bears a de minimis burden to plead a prima facie case of disparate treatment under this framework “by establishing (1) she is a member of a protected class; (2) she is qualified for her … New York, moreover, “has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983.” Bryan v.

Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Co.

155 F. Supp. 932 · District Court, S.D. New York · Sep 27, 1957

However, where the object is clearly a work of art in itself, the fact it is also a useful article will not preclude its registration.” … This recognizes a penumbra where the object is so clearly a work of art that its utility will not preclude its registration. Such an object would be an engraved glass vase.

United States v. Peña

978 F. Supp. 2d 254 · District Court, S.D. New York · Oct 11, 2013

Thus, this conduct appears to qualify as establishing a modus operandi “signature.” … While evidence of the surveillance itself may constitute direct proof, the Court is not persuaded that drug possession or use in connection with that episode qualifies.

National Union Fire Insurance Co. of Pittsburgh v. American Re-Insurance Co.

351 F. Supp. 2d 201 · District Court, S.D. New York · Jan 3, 2005

Asbestos clearly falls into this definition if it is literally interpreted. See Sphere Drake Ins. Co. v. Y.L. … The Underlying Facts Giving Rise to the Claim do Not Qualify as Environmental Pollution For the American Re pollution exclusion clause to apply, the underlying facts giving rise to the Milacron lawsuits would have to fall

Grove Press, Inc. v. Christenberry

175 F. Supp. 488 · District Court, S.D. New York · Jul 21, 1959

The complainant relied on the text of the novel and nothing more to establish obscenity. … Christenberry, D.C.S.D.N.Y.1958, 175 F.Supp. 485 , Judge Dimock found the material clearly obscene. It was “unnecessary to seek support in the rule that an administrative determination must stand unless clearly wrong.”

In re Kit Digital, Inc. Securities Litigation

293 F.R.D. 441 · District Court, S.D. New York · Mar 13, 2013

McHardy alleges (1) HMEPS has not established standing to sue because it has not established independent losses; (2) HMEPS is subject to unique defenses because of its relationship with a small mutual fund, Neumeier Poma … Wyeth, 284 F.R.D. 173, 179 (S.D.N.Y.2012) (footnote omitted); see also Parmalat, 2008 WL 3895539 , at *6 (finding that “a person is ineligible to represent a class of securities purchasers only if he ‘clearly did not rely

National Communications Ass'n v. American Telephone & Telegraph Co.

813 F. Supp. 259 · District Court, S.D. New York · Feb 19, 1993

However, NCA does not qualify for LABO because the tariffs require that the SDN customer and its multiple designated locations operate in a common business. Id. … The FCC clearly has better insight and expertise and is better equipped than this Court to fulfill that investigation, which will require the evaluation of extrinsic evidence and the establishment of policy in this area.

Wultz v. Bank of China Ltd.

291 F.R.D. 42 · District Court, S.D. New York · May 23, 2013

documents.” 28 The OCC states that it “cannot” do so “until it is provided an opportunity to review the materials pursuant to a Touhy request.” 29 Rather than asserting the bank examination privilege over specific documents or clearly … Second Circuit’s approach that governs this Court. 32 Because ordering BOC to produce the materials at issue in the April 9 Order did not “compel [the government] to act,” the order did not violate the principle of sovereign immunity

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).

Marte v. Immigration & Naturalization Service

562 F. Supp. 92 · District Court, S.D. New York · Jan 25, 1983

The immediate relatives specified in this subsection who are otherwise qualified for admission as immigrants shall be admitted as such, without regard to the numerical limitations in this chapter. . … The disposition of the summary judgment motions in this case also makes clear that the Bivens claim is clearly legally insufficient.

Giscombe v. New York City Department of Education

39 F. Supp. 3d 396 · District Court, S.D. New York · Aug 12, 2014

The movant may satisfy his burden by “showing that the materials cited do not establish the absence or presence of a genuine dispute.” Fed.R.Civ.P. 56(c)(1)(B). … This discrepancy in the Second Circuit’s case law remains unresolved, as the courts that have confronted this issue have dismissed plaintiffs’ claims under the doctrine of qualified immunity, see id., or on the merits, see

Access 4 All, Inc. v. Trump International Hotel & Tower Condominium

458 F. Supp. 2d 160 · District Court, S.D. New York · Oct 12, 2006

Indeed, the evidence is clearly to the contrary.”). That is not the case here. … Defendant's position on whether Spalluto qualifies as an individual with a disability under the ADA is unclear.

Asensio v. DiFiore

District Court, S.D. New York · Sep 13, 2019

has abrogated the states’ Eleventh Amendment immunity . . . .” … In particular, Judge Fasanya clearly had jurisdiction to issue the January 15, 2016 suspension order, see N.Y. Fam. Ct. Act § 651(b), N.Y. Dom. Rel.

Rodriguez v. Burnett

District Court, S.D. New York · Nov 7, 2024

In any event, Plaintiff has failed to establish the subjective prong. … Halpern United States District Judge ® Given the conclusions reached herein, the Court need not and does not reach Gibbons’s arguments regarding Eleventh Amendment and qualified immunity