Case law

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

W.D. v. Rockland County Department of Health

District Court, S.D. New York · Jan 30, 2024

In Friedman, the Second Circuit held that “the Commissioner clearly has a rational basis for allowing individual school districts the autonomy to determine how to implement the regulations in light of the varying populations … Accordingly, the Court will instruct the jury that Plaintiffs have established the sincerely held religious belief requirement of their First Amendment Free Exercise claim.

United States v. EZ Lynk, SEZC

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

Lit. 2017); see also Pirnik, 2017 WL 3278928, at *2 n.1 (some “emissions-regulating software . . . does not qualify as a ‘defeat device’”). … The Second Circuit, like the “majority of federal circuits,” interprets Section 230 to “establish broad federal immunity to any cause of action that would make service providers liable for information originating with a

Billhofer v. Flamel Technologies, S.A.

281 F.R.D. 150 · District Court, S.D. New York · Mar 15, 2012

Specifically, commenting on counsel’s “clearly superlative litigating and negotiating skills” and the firm’s “outstanding reputation, experience, and success in securities litigation nationwide,” the Enron court stated, “ … Indeed, courts within this Circuit have repeatedly found Robbins Geller to be adequate and well-qualified for the purposes of litigating class action lawsuits.

Sanabria v. Village of Monticello

424 F. Supp. 402 · District Court, S.D. New York · Dec 23, 1976

Under New York law statutes of limitations are given prospective application unless a contrary intent is clearly indicated. People v. Cohen, 245 N.Y. 419, 421 , 157 N.E. 515 (1927); Hastings v. H. M. … For, as stated above, municipal immunity from suits under 42 U.S.C. § 1983 stems from the unique legislative history of the Act. See City of Kenosha v.

Deem v. DiMella-Deem

District Court, S.D. New York · May 2, 2019

Supp. 2d 692, 712–13 (S.D.N.Y. 2011) (holding that state court judge’s action of issuing a protective order was “clearly a judicial function” and protected by judicial immunity); Tota v. … All three Younger requirements are clearly met in this case.

Oliver v. City of New York

District Court, S.D. New York · Feb 22, 2023

App’x 47, 51 (2d Cir. 2018)) (brackets in R&R)) Finally, Judge Cott finds that dismissal 18 should not be granted on qualified immunity grounds, because the “qualified immunity [inquiry … qualified immunity shields the individual defendants to the extent sued in their individual capacities”)) Because — as Judge Cott concludes the SAC pleads actionable conduct, Defendants’ qualified immunity argument fails

State of Russia v. Bankers Trust Co.

4 F. Supp. 417 · District Court, S.D. New York · Sep 18, 1933

Notwithstanding the differences in the facts, the principles of that decision are clearly controlling in this. 2. There is no defect of parties in the failure to name Lomonosoff as a defendant. … He was not a party to the contract in suit, and has no interest in the fund established under it.

Beach v. The City of New York

District Court, S.D. New York · Sep 30, 2024

. § 1983 and New York state law on substantive and qualified immunity grounds. … It is well established in the Second Circuit that the courts are permitted to consider video footage if the Plaintiff relied upon it when preparing the complaint.

LAYZER v. Leavitt

770 F. Supp. 2d 579 · District Court, S.D. New York · Mar 7, 2011

. § 1395 et seq., establishes the Medicare program, which provides health insurance to Americans aged 65 and over, as well as Americans with certain qualifying disabilities. … Under Chevron Step One, courts must first consider whether Congress has “clearly spoken” on the issue at hand.

Thomas v. N.Y. Department of Corrections Community Supervision

District Court, S.D. New York · Jul 14, 2022

Defendants argue that the Court should dismiss the Amended Complaint for failure to state a claim, and alternatively, based on qualified immunity. (See Mot. at 7–16.) … immunity and Drewes’ lack of personal involvement.

Block v. First Blood Associates

763 F. Supp. 746 · District Court, S.D. New York · Apr 30, 1991

To qualify for purely prospective application, a decision “must establish a new principle of law, either by overruling clear past precedent *752 on which litigants may have relied, ... or by deciding an issue of first impression … whose resolution was not clearly foreshadowed.”

Danielson v. Painters District Council No. 20

305 F. Supp. 1108 · District Court, S.D. New York · Oct 17, 1969

Thus, proscribed secondary activity was clearly established, for the union’s refusal to handle the new fabricator’s pipe had as an object to compel the owner to cease doing business with the fabricator-nonemployer and to … Under this test, it would appear that a violation has not been established in the instant case.

United States v. Covino

652 F. Supp. 660 · District Court, S.D. New York · Feb 3, 1987

The Government's principal witness was Robert Brennan who had been immunized. … The Court held "unless Congress conveys its purpose clearly, it will not be deemed to have significantly changed the federal-state balance.

Gunn v. Annucci

District Court, S.D. New York · Apr 29, 2021

To that point, it is well settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v. … immunity.

Okocha v. HSBC Bank USA, N.A.

700 F. Supp. 2d 369 · District Court, S.D. New York · Mar 25, 2010

Other courts have found that Section 1681t preempts Section 1681h. 14 This approach effectively provides Furnishers with complete immunity from state-law claims. … Any claim with respect to the former clearly is time-barred since the alleged initial mistake occurred in 1997.

United States v. Deardorff

343 F. Supp. 1033 · District Court, S.D. New York · Oct 5, 1971

Those jurors who qualify on the basis of their completed questionnaires, and are not otherwise excused, are placed on the qualified jury wheel — the source of the grand jury venires and the individual grand juries. … Kennedy appears in the Senate Report (Report No. 644, 87th Cong., 1st Sess., pp. 15-16) : “The target clearly is organized crime.

Thomas

District Court, S.D. New York · Aug 5, 2026

that, if credited, would establish jurisdiction over the defendant. … “Where, as here, a case is at the pleading stage, the plaintiff must clearly allege facts demonstrating each element.” Id. (citation cleaned up) (quoting Warth v.