Case law

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.

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

Gilman v. Runyon

865 F. Supp. 188 · District Court, S.D. New York · Oct 18, 1994

. *191 Defendant clearly demonstrated that Toole relied on credible evidence that Gilman caused the desk incident as well as his prior offenses in deciding to terminate Gilman. … (“complainant [who files a complaint is not clothed] with immunity for past and present inadequacies, unsatisfactory performance, and uncivil conduct in dealing with subordinates and with his peers”), cert. denied, 488 U.S

Bowmar Instrument Corp. v. Continental Microsystems, Inc.

497 F. Supp. 947 · District Court, S.D. New York · Aug 21, 1980

The undisputed facts described above clearly establish that all three defendants violated section 43(a) of the Lanham Act. … The uncontroverted allegations made by the plaintiff in this case clearly establish a prima facie violation of section 368-d.

Klein v. Churchill Coal Corp.

612 F. Supp. 247 · District Court, S.D. New York · Jun 26, 1985

Once the substantial relationship is established, the court need not inquire whether the attorney in fact received confidential information. … The envelopes clearly show that Coal Pool—not Sheber Pomerantz—sent material to Churchill Coal.

Kagan v. Unum Provident

775 F. Supp. 2d 659 · District Court, S.D. New York · Mar 31, 2011

Kagan was clearly not well even following his surgery. … According to the TSA conducted on behalf of Unum, the occupations for which Kagan was qualified were also essentially sedentary jobs. (FULCL 732.)

Karas

District Court, S.D. New York · Mar 19, 2026

Kress & Co., 398 U.S. 144, 152 (1970)), the representation of a defendant by private counsel in state criminal proceedings does not constitute the degree of state involvement or interference necessary to establish a claim … in “this Circuit, it has not yet been decided whether Heck applies in cases where the plaintiff endures civil confinement, rather than a criminal conviction or sentence”), and noting that “other Circuits have concluded clearly

Potomac Capital Markets Corp. v. Prudential-Bache Corporate Dividend Fund, Inc.

726 F. Supp. 87 · District Court, S.D. New York · Dec 4, 1989

The Court finds that the Complaint’s statement that the defendants acted “without any attempt to protect shareholders” sets forth a sufficient allegation to establish a cause of action for “gross negligence.” … If the directors did not in fact have such authority, then the defendants’ argument that the liquidation occurred in the ordinary course of the Fund’s business clearly fails.

Upic & Co. v. Kinder-Care Learning Centers, Inc.

793 F. Supp. 448 · District Court, S.D. New York · May 15, 1992

Subsequent briefing, however, indicates that KCLC’s position is qualified. … Clearly, Paragraphs “2” and “6” of the Securities provide two distinct mechanisms pursuant to which the principal of the Securities may become payable: pursuant to Paragraph “2,” KCLC’s obligation to pay principal matures

Smalls v. New York City Employees' Retirement System

District Court, S.D. New York · Aug 7, 2019

Furthermore, even if the Court were to consider such claims adequately alleged, the individual Defendants would be protected by qualified immunity. … Government officials enjoy a qualified immunity that shields them from personal liability for damages under Section 1983 insofar as their “conduct does not violate clearly established statutory or constitutional rights

United States v. Standard Oil Company

136 F. Supp. 345 · District Court, S.D. New York · Dec 14, 1955

Horn and his firm as defense attorneys in this case, and that the division in functions between OSR/Paris and ECA/Washington has been clearly established. Specifically, the government has failed to prove: (1) that Mr. … No such opportunity is given to one partner in a law firm to disqualify himself and qualify the firm.

State Street Bank & Trust Co. v. Inversiones Errazuriz, Limitada

230 F. Supp. 2d 313 · District Court, S.D. New York · Feb 4, 2002

They offer detailed billing records and e-mails that establish Mr. … However, the doctrine is clearly a discretionary one. See, e.g., Wiwa v.

Shannon v. Fireman's Fund Insurance

156 F. Supp. 2d 279 · District Court, S.D. New York · Jun 7, 2001

Clearly, the jury could infer from both the evidence in the record and its assessment of the credibility of the witnesses that Shannon was equal or perhaps more qualified than either Reneri or Mills. … "To establish a prima facie case of age discrimination, a plaintiff must show four things: (1) he is a member of the protected class; (2) he is qualified for his position; (3) he has suffered an adverse employment action;

Anwar v. Fairfield Greenwich Ltd.

289 F.R.D. 105 · District Court, S.D. New York · Feb 25, 2013

RULE 23(b)(3) REQUIREMENTS In addition to satisfying Rule 23(a), Plaintiffs must also establish that this action is maintainable as a class action under Rule 23(b). … The Court concludes that, even absent a “fraud created the market” theory or the Affiliated Ute presumption of reliance, common questions of law and fact clearly predominate over any individual issues.

Ramirez v. Jones

530 F. Supp. 345 · District Court, S.D. New York · Nov 16, 1981

The burden of showing intent, the intent with which a crime has been committed rests upon the Prosecution to establish by evidence beyond a reasonable doubt. … situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary stan *347 dards of intelligence and morality, the desirability and urgency of avoiding such injury clearly

Blake v. Lang

669 F. Supp. 584 · District Court, S.D. New York · May 8, 1987

It is well established that the rule of federal non-intervention articulated in Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), and recently reaffirmed by the Supreme Court in Pennzoil Co. v. … First, the state court review initiated by plaintiff was clearly judicial in nature. The fact that he did not pursue it does not entitle him to bring a federal action now.

Chu Chung v. New Silver Palace Restaurant, Inc.

246 F. Supp. 2d 220 · District Court, S.D. New York · Sep 13, 2002

clearly the “employer,” from sharing tips. … A “custom” that is illegal cannot qualify as an exception, for that would defeat the very purpose of the statute itself. See Ayres, supra; Ngon Gung Corp., supra.