Case law

Perez v. New York Presbyterian/Weill Cornell Medical Center

District Court, S.D. New York · Apr 8, 2024

“To establish a disability under prong (A), a plaintiff must: (1) ‘show that she suffers from a physical or mental impairment’; (2) ‘identify the activity claimed to be impaired and establish that it constitutes a major … June 1, 2020) (“[A] short-term impairment, absent long-term impact, is insufficient to qualify as substantially limiting a major life activity, as required to qualify as a disability under the ADA.”); Shaughnessy v.

Park Irmat Drug Corp. v. OptumRx, Inc.

152 F. Supp. 3d 127 · District Court, S.D. New York · Jan 12, 2016

As an initial matter, though Optum does not brief the viability of a “negative tying” theory in general, such a theory is far from well-established. … Tanner Decl. ¶ 7, The public has an interest in uninterrupted and safe medical care and, as such, the public interest would not clearly be served or disserved by ;the issuance of the- requested injunction.

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.

Jindal v. New York State Office of Mental Health

728 F. Supp. 1072 · District Court, S.D. New York · Jan 25, 1990

Burdine, 450 U.S. at 253 , 101 S.Ct. at 1093 . 3 In this case plaintiff has established a prima facie case of discrimination under McDonnell Douglas and Burdine , in that he is an East Asian born in India; 4 he was qualified … Plaintiff has also established that his supervisor, Mr.

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.

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.

Halpern v. Armstrong

491 F. Supp. 365 · District Court, S.D. New York · May 28, 1980

The plan clearly did not contemplate or authorize an exchange of higher priced for lower priced options of the sort authorized by Revlon’s Board herein. 15 .Since the May 22, 1974 Board amendments were not within the confines … plan here in issue after 1977. different non-qualified stock option plan.

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. Coving

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.

Reese v. Bara

479 F. Supp. 651 · District Court, S.D. New York · Sep 12, 1979

Clearly, if the jury found beyond a reasonable doubt that a knife was used in the slaying of the deceased, then, obviously, it was the “murder weapon.” … The court’s charge emphasized the presumption of innocence in his favor and the burden upon the People to establish guilt beyond a reasonable doubt.

In re NYSE Specialists Securities Litigation

260 F.R.D. 55 · District Court, S.D. New York · Jun 5, 2009

He is qualified to provide his expert opinion in the instant motion. … So explain that clearly to us? A.

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.

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.

Herman v. Town of Cortlandt, Inc.

District Court, S.D. New York · Oct 13, 2023

immunity for his actions. … immunity.

United States v. Ruiz

702 F. Supp. 1066 · District Court, S.D. New York · Jan 5, 1989

The Indictment sets forth the three charges clearly, and details the factual circumstances giving rise to those charges. … capacity; (13) medical and psychiatric background information relating to such individuals; (14) identification of any statement by a prospective witness that is inconsistent with any other statement by that witness; (15) immunity

YEDA RESEARCH AND DEVELOPMENT COMPANY LTD. v. Imclone Systems Inc.

443 F. Supp. 2d 570 · District Court, S.D. New York · Sep 18, 2006

After Bellot oversaw the immunization of eight mice, four of which were immunized with CH-71 cells and four of which were immunized with CH-71 cell membranes, Bellot performed tests on the sera, ie., the fluid portion of … Lippmann's report simply because he most clearly sets forth in writing the scientific underpinnings of the instant dispute. 11 . As Dr.

Sadowy v. Sony Corp.

93 F.R.D. 450 · District Court, S.D. New York · Jan 28, 1982

Sonam argues that they have a qualified privilege to make disclosures of possible illegalities to law enforcement authorities. A qualified privilege does not attach, however, where information is conveyed in bad faith. … The Morrison case clearly did not abolish prima facie torts which if properly distinguished from a defamation claim 2 will survive. See, e.g., Sheppard v.

Berman v. Le Beau Inter-America, Inc.

62 B.R. 262 · District Court, S.D. New York · May 29, 1986

ITT Glendale introduced Le Beau to various banks and established lines of credit for it. … The plaintiff's case, consisting exclusively of the testimony of plaintiff’s accountant, established at best, and could have been expected to establish at best, only (a) that Le Beau Tours, Inc. may have been insolvent on

City of New York v. Exxon Corp.

766 F. Supp. 177 · District Court, S.D. New York · Jun 19, 1991

Moreover, when the EPA Administrator’s interpretation of his own regulations is at issue, deference is even more clearly in order. E.g., Vermont v. Thomas, 850 F.2d at 102 ; Soler v. … There is no requirement that a waste qualify under both Subpart C and Subpart D.

Marianne T. O'Toole v. The City of New York

District Court, S.D. New York · Jul 7, 2022

Qualified immunity shields individual government officials acting in the discharge of their duties from liability unless “[1] the official violated a statutory or constitutional right that [2] was clearly established at … Defendants also argue that Commissioner Bratton is entitled to qualified immunity as to Officer Gonzalez’s First Amendment retaliation claim, arguing that Defendants are “unaware of any Second Circuit case clearly establishing