Case law

United States v. International Business MacHines Corp.

857 F. Supp. 1089 · District Court, S.D. New York · Jul 28, 1994

Simply put, defendant’s allegations clearly do not meet the standard for recusal enunciated in Liteky . … Accordingly, defendant has failed to establish the statutory grounds for recusal.

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

Haxhia v. Lee

90 F. Supp. 3d 163 · District Court, S.D. New York · Mar 2, 2015

. § 2254 only by showing that the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court,” or resulted in a decision that was … The Court agrees, and holds that the trial court acted “contrary to ... clearly established Federal law.” 28 U.S.C. § 2254 (d)(1). *174 “[C]learly established Federal law” includes only “the holdings, as opposed to the dicta

Watson

District Court, S.D. New York · Feb 12, 2026

Under state law, a child support order can be modified if there has been a change in the parents’ circumstances since the prior order was established, such as a job loss. … To qualify for removal pursuant to Section 1443(1), a defendant must show both (1) “that he or she was denied a federally protected civil right on racial grounds” and (2) “that he or she was denied the opportunity to bring

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 .

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.

Pippins v. KPMG LLP

921 F. Supp. 2d 26 · District Court, S.D. New York · Nov 30, 2012

Plaintiffs do not controvert KPMG’s assertion that Audit Associates must “writ[e] conclusions that clearly state the results of work performed and conclusions reached.” … Case law similarly provides that following established procedures in a manual or guideline does not preclude an employee’s use of discretion or judgment.

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

Schulman Investment Co. v. Olin Corp.

514 F. Supp. 572 · District Court, S.D. New York · May 21, 1981

Co., 70 A.D.2d 929 , 417 N.Y.S.2d 751 (2d Dep’t 1979) (complaint clearly established that insured was not engaged in any activities covered by policy); Contracting Plumbers’ Cooperative Restoration Corp. v. … But the Court of Appeals substantially qualified this statement by adding: “to the extent that the market value of the entity is reduced in excess of the value of the defective component.” 37 N.Y.2d at 73 , 371 N.Y.S.2d at

Madden v. International Ass'n of Heat & Frost Insulators & Asbestos Workers

889 F. Supp. 707 · District Court, S.D. New York · Apr 19, 1995

the LMRA The individual Defendants also argue that Madden has failed to state a claim against them under Section 301 of the LMRA, (“§ 301”). 4 The individual Defen *712 dants assert that courts have construed § 301(b) to immunize … Two Supreme Court cases have established the analytical framework for § 301 claims against individual union officers. In Atkinson v.

Bleiwas v. City Of New York

District Court, S.D. New York · Sep 30, 2019

Even if a court concludes that an arresting officer lacked probable cause to arrest, the officer is entitled to qualified immunity if the officer establishes that “(a) it was objectively reasonable for the officer to believe … �e Court finds that, at the very least, Lian had arguable probable cause and may enjoy qualified immunity for his actions.

A. v. City of New York

District Court, S.D. New York · Sep 26, 2023

Qualified Immunity Plaintiffs’ federal claims—which are all brought solely against Cudjoe—fail for an independent reason: Cudjoe is entitled to qualified immunity. … “ACS caseworkers and their superiors are generally entitled to qualified immunity from claims under Section 1983 if it was objectively reasonable for the caseworkers to believe their conduct did not violate clearly established

Aramony v. United Way of America

28 F. Supp. 2d 147 · District Court, S.D. New York · Nov 20, 1998

Aramony’s misconduct was clearly directed at the public because the United Way is a quintessentially public charity. Defrauding the United Way is akin to an attack on motherhood or the flag. … qualified Plan would remain unchanged at $100,000 as a consequence of § 415.

United Veterans Memorial & Patriotic Ass'n v. City of New Rochelle

72 F. Supp. 3d 468 · District Court, S.D. New York · Dec 22, 2014

Defendants' argue that Plaintiffs fail to state any claim on which relief can be granted and that the individual defendants are protected by qualified and legislative immunity. 3 II. Discussion A. … Barring other limitations on its speech (such as the Establishment Clause), the government “is entitled to say what it wishes and to select the views that it wants to express.”

Glover v. Crestwood Lake Section 1 Holding Corporations

746 F. Supp. 301 · District Court, S.D. New York · Aug 7, 1990

This Court is satisfied that the number of current and prospective minority Section 8 voucher holders in Yonkers is sufficiently large to include within it a significant number of individuals who would qualify to rent housing … “[I]t is well established that civil rights actions are the paradigmatic 23(b)(2) class suits, for they seek class-wide structural relief that would clearly redound equally to the benefit of each class member.”

Abadi v. Adams

District Court, S.D. New York · May 28, 2024

These orders did not contain an exception for “those recovered from Covid, who have natural immunity.” (Id. at 18.) … At the pleading stage, “the plaintiff must ‘clearly . . . allege facts demonstrating’ each element” of standing.

Brontel, Ltd. v. City of New York

571 F. Supp. 1065 · District Court, S.D. New York · Sep 23, 1983

In addition, the constitutionality of rent control is well established. See, e.g., Bowles v. Willingham, 321 U.S. 503 , 64 S.Ct. 641 , 88 L.Ed. 892 (1944); Eisen v. … See also Areeda, Antitrust Immunity for “State Action” after Lafayette, 95 Harv.L.Rev. 435, 445 n. 50 (1981).

R-GOSHEN LLC v. Village of Goshen

289 F. Supp. 2d 441 · District Court, S.D. New York · Oct 29, 2003

“To have a property interest entitled to Fourteenth Amendment procedural protection, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … The record before this Court clearly establishes that the Planning Board, like the ARB in the RRI case, and the VEB in Southview, had discretion with regard to approval of proposed projects in the ADD.

Martin Marietta Corp. v. County of Madison

32 B.R. 173 · District Court, S.D. New York · Jul 28, 1983

To do so would clearly prejudice Continental and the other interested parties to the reorganization. … Any argument that this Court does not have the jurisdiction to apply Section 507(a)(6) would be clearly spurious.

In Re Kassover

448 B.R. 625 · District Court, S.D. New York · Apr 4, 2011

release provisions in the Plan, Confirmation Order and Final Decree pertaining to her role as Trustee and Liquidating Trustee apply equally to her role as Disbursing Agent pursuant to the Merger Agreement and, therefore, immunize … First, the party must establish that the matter has a “close nexus to the bankruptcy plan or proceeding, as when a matter affects the interpretation, implementation, consummation, execution, or administration of the confirmed