Case law

German v. Federal Home Loan Mortgage Corp.

885 F. Supp. 537 · District Court, S.D. New York · May 8, 1995

Here, counsel are particularly experienced and qualified in matters relating to lead paint exposure. … Section 1983 Confers a Federal Right of Action Against the PHA’s Section 1983 establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United

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.

Williams v. Social Security Administration

District Court, S.D. New York · Oct 10, 2023

As discussed in the Court’s May 30, 2023 order, such a request does not qualify as a request for a reasonable disability accommodation under the Rehabilitation Act. (ECF 6, at 13 n.8.) … Such a causal connection can be established “(a) indirectly by showing that the protected activity was followed closely by discriminatory treatment; (b) indirectly though other evidence such as disparate treatment of fellow

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.

Fogel v. Chestnutt

383 F. Supp. 914 · District Court, S.D. New York · Oct 29, 1974

Nor would it be acting for the account of “others” (plural) ; the suggestion is that it act for Fund alone to qualify for preferences. … This would not have established eligibility but would have been an administrative failure of NASD.

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

Rivera v. Goord

253 F. Supp. 2d 735 · District Court, S.D. New York · Mar 28, 2003

Defendants move for summary judgment based upon (1) Rivera’s failure to exhaust administrative remedies; (2) Rivera’s failure to raise a material issue of fact on the merits; and (3) qualified immunity. … Qualiñed Immunity I do not address the issue of defendants’ qualified immunity defense as the issue is moot as to the claims against the medical defendants and it is premature as to the other claims.

Nippon Fire & Marine Insurance v. M.V. Tourcoing

979 F. Supp. 206 · District Court, S.D. New York · Sep 17, 1997

If the carrier succeeds in establishing its prima facie case, the burden shifts to the shipper to demonstrate that a fair opportunity did not exist. Id. … In order for such a clause to be effective, the language must clearly demonstrate the parties’ intention to extend the limitation. Id. at 305 , 79 S.Ct. at 771 .

Gambles v. Sterling Infosystems, Inc.

234 F. Supp. 3d 510 · District Court, S.D. New York · Feb 13, 2017

. *517 To establish Article III standing, a plaintiff must establish the following three elements as an “irreducible constitutional minimum”: (1) injury-in-fact, meaning “an actual or imminent” and “concrete and particularized … Sterling argues that Spokeo marked a “change in the law,” establishing, it claims, that the reporting of inaccurate information does not establish an injury-in-fact.

Cronin v. BD. OF EDUC. OF EAST RAMAPO CENT. SCH. D.

689 F. Supp. 197 · District Court, S.D. New York · May 23, 1988

Contending that Bruce had not attained the recommended targets established for him in the Boces program, the Cronins objected to the decision to graduate Bruce. … Unfortunately, OVR only provides transportation services if the family qualifies on the basis of financial need. The Cronins believe that they do not qualify for free transportation services. Id.

Paul v. City Of New York

District Court, S.D. New York · May 30, 2023

Qualified and State Law Immunities Qualified immunity applies when an officer reasonably believes that their actions did not violate clearly established law. See Mullenix v. … Accordingly, the City Defendants’ motion for summary judgment on qualified and state law immunities is denied. 7.

Grimmer v. Lord Day & Lord

937 F. Supp. 255 · District Court, S.D. New York · Aug 28, 1996

If an employer must set forth specific facts in its notice in order to rely on a statutory exception, it is more difficult for one who does not truly qualify for the exception to invoke it. … This subsection clearly states that the “good faith defense” applies only after a violation of the statute has been established. Accordingly, this defense does not provide a basis for denying plaintiffs’ motion.

Shekhem' El-Bey v. City of New York

419 F. Supp. 2d 546 · District Court, S.D. New York · Mar 7, 2006

Additionally, defendants argue that qualified and absolute immunity bar the plaintiff from bringing claims against some defendants. … Furthermore, even assuming, ar-guendo, that plaintiff had successfully alleged the requisite causal connection and thereby established a prima facie case of retaliation, his claim would nonetheless fail.

Cederbaums ex rel. Martinez v. Harris

473 F. Supp. 1238 · District Court, S.D. New York · Jul 20, 1979

This instruction, said the federal court, “clearly shifted the bur *1240 den of proof on the element of knowing possession. This was error — and of manifest constitutional dimension.” Id. … First and foremost, it must be established that there was possession of a narcotic drug specified in the statute.” Trial Transcript at 1357.

Irvin Industries, Inc. v. Goodyear Aerospace Corp.

774 F. Supp. 849 · District Court, S.D. New York · Oct 1, 1991

This memorandum set forth defendant’s opinion that it would take approximately 4*/2 to 5 years for another company to qualify as a producer of the BSU-49 5 . … With respect to the first and second, plaintiffs inability to establish the requisite elements have already been disposed of by the foregoing discussion.

Hooper v. Colvin

199 F. Supp. 3d 796 · District Court, S.D. New York · Aug 5, 2016

[Hooper] clearly has mild intellec *803 tual disability ... but needs complete neu-ropsych testing.” Id. d. … First, the Commissioner must establish whether the claimant is presently employed. 20 C.F.R. § 404.1520 (a)(4)(i).

Katalyst Securities LLC v. Marker Therapeutics, Inc.

District Court, S.D. New York · Mar 9, 2022

This dispute arises from a contract (Docket entry no. 13, Ex. 2 (the “Agreement”)) entered into between Petitioner Katalyst, a registered broker-dealer and FINRA member (Agreement at 1) and Marker, a publicly traded immune-oncology … If the parties “clearly and unmistakably agreed to have” the issue of arbitration resolved by the arbitrator, “it is the obligation of the court to enforce their agreement.” Bucsek, 919 F.3d at 191.

Kohlasch v. New York State Thruway Authority

482 F. Supp. 721 · District Court, S.D. New York · Jan 7, 1980

Plaintiffs’ initial decision to proceed against the City in the state courts may be regarded as tacit recognition of the fact that the bulk of *725 their claims involve local issues to be resolved under well-established principles … Because the Thruway Authority was entitled to the limited immunity that would have been available to it had it been sued in a state court, state law claims against it could not be heard in federal court.

United States v. Gasparik

141 F. Supp. 2d 361 · District Court, S.D. New York · Mar 8, 2001

Had it done so, it could have made an earlier determination to grant immunity. … The statement is clearly offered against Fidler to show his intimate knowledge of the Blanchard Trust. 6 .

In Re E.F. Hutton Banking Practices Litigation

634 F. Supp. 265 · District Court, S.D. New York · May 2, 1986

Hutton paid a $2 million fine and established an $8,750,000 fund to pay for related costs, including the $750,000 the government had spent on its investigation of Hutton, and to secure its agreement to pay restitution to … oral argument we suggested that the very existence of such an agreement called into question the disinterest of the directors by demonstrating their willingness to tender a plea by the Corporation in exchange for their own immunity