Case law

Aziz v. Butt

District Court, S.D. New York · Aug 6, 2025

A court may issue a TRO without notice to the adverse party only if “specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before … But this too would fail to establish Section 1983 liability: judges are absolutely immune from suit for damages for any actions taken within the scope of their judicial responsibilities. See Mireles v.

Sparrow Fund Management LP v. Mimedx Group, Inc.

District Court, S.D. New York · Mar 22, 2020

No. 141) at 13-25) As to Statements 1-3 of Sparrow’s defamation claim, Defendants contend that these statements are subject to qualified immunity. … Supp. 162, 171 (S.D.N.Y. 1995), and statements fairly describing a legal proceeding are afforded qualified immunity from defamation claims. N.Y. Civ. Rts. Law § 74.

Miranda v. United States

325 F. Supp. 217 · District Court, S.D. New York · Jan 16, 1970

The files of this Court in the custody of the Clerk and the notes of the Court reporter are clearly “files and records of the case” as those words are used in 28 U.S.C. § 2255 . … These seem clearly to be “files and records of the case”. Such appears to have been assumed by *219 our Court of Appeals in United States v. Falu, 421 F.2d 687 (1969) (per curiam).

Fermin-Rodriguez v. Westchester County Jail Medical Personnel

191 F. Supp. 2d 358 · District Court, S.D. New York · Mar 25, 2002

The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether … Because we hold that plaintiff has failed to state a claim that his constitutional rights were violated by the federal defendants, we need not consider the federal defendants’ arguments with respect to qualified immunity,

Barberan v. Nationpoint

706 F. Supp. 2d 408 · District Court, S.D. New York · Mar 2, 2010

Thus, Plaintiffs have alleged facts sufficient to establish a plausible equitable quiet title claim against Nationpoint, MERS, and LaSalle. … In other words, § 1681h(e) is a limitation of liability provision that provides a qualified immunity defense to defendants who provide consumers required disclosures pursuant to §§ 1681g, 1681h, or 1681m.

Mattera v. Clear Channel Communications, Inc.

239 F.R.D. 70 · District Court, S.D. New York · Nov 14, 2006

While there is clearly a factual dispute as to whether Capstar was ever Mattera’s employer, the evidence submitted by the parties shows that Capstar employs most of the current sales representatives for CCC-affiliated radio … Furthermore, Capstar qualifies as an indispensable party under Rule 19(b).

Hausler v. JP Morgan Chase Bank, N.A.

740 F. Supp. 2d 525 · District Court, S.D. New York · Sep 13, 2010

Other courts examining the scope of TRIA § 201(a) have concluded that the Notwithstanding Clause specifically addresses potential conflicts of sovereign immunity. See Weininger v. … Since the CACRs were enacted under § 5(b) of the TWEA, they are clearly referenced by TRIA.

American National Fire Insurance v. Mirasco, Inc.

265 F. Supp. 2d 240 · District Court, S.D. New York · May 26, 2003

The first argument is clearly erroneous. Numerous pieces of evidence support the finding that Decree 6 resulted in the rejection of the IBP cargo. … Next, the translator, Khadiga Barrada (“Barrada”), was well-qualified.

Natural Resources Defense Council, Inc. v. United States Department of Interior

73 F. Supp. 3d 350 · District Court, S.D. New York · Dec 11, 2014

Klamath Water Users Protective Ass’n, 532 U.S. 1, 8 , 121 S.Ct. 1060 , 149 L.Ed.2d 87 (2001)), and “incorporates a qualified privilege for confidential commercial information,” Fed. Open Mkt. Comm. of Fed. … s monetary functions or commercial interests,” id. at 363 , 99 S.Ct. 2800 , by allowing bidders to approximate the Government’s confidential floor price with substantially greater accuracy. 2 *356 First, the declaration clearly

Budget Dress Corp. v. Joint Board of Dress & Waistmakers' Union

198 F. Supp. 4 · District Court, S.D. New York · Aug 25, 1961

The awards made against it establish that it repeatedly violated its agreement and falsified its records in order to avoid detection of its breaches. … The payments in suit qualify as valid under subdivision (c) (5) and are exempt from the strictures of subdivisions (a) and (b); they are also exempt under subdivision (c) (2) as payments made in satisfaction of a judgment

Norwick v. Nyquist

417 F. Supp. 913 · District Court, S.D. New York · Jul 20, 1976

Even if Section 3001(3) had safely *921 negotiated all of the other shoals, on this rock it clearly founders. … It is inconceivable that defendants could establish, on the basis of the proposed testimony of Dr.

In Re South African Apartheid Litigation

617 F. Supp. 2d 228 · District Court, S.D. New York · May 27, 2009

Dow Chemical Co., 517 F.3d 104, 120 (2d Cir.2008) (noting plaintiffs' concession that it was not clearly established that defendants' conduct during the Vietnam War violated norms of customary international law established … See also TRC Br. at 8 ("The ability of the TRC to grant amnesty to qualifying applicants belies the notion that some policy embodied in the TRC amounted to an implicit grant of amnesty to multinational corporations."). [315

United States v. Berger

826 F. Supp. 100 · District Court, S.D. New York · Jul 14, 1993

Berger cannot establish cause and prejudice for the failure to assert his merit-less ineffective assistance claim. … In any event, Berger clearly received adequate representation. Berger has not been prejudiced, and his § 2255 petition is denied. It is so ordered. .

In Re Grand Jury Proceedings (Roe)

153 F. Supp. 2d 403 · District Court, S.D. New York · Jul 16, 2001

Attorney Roe was not a target of the investigation and testified without immunity. … That need is not clearly established on the present submission. before this Court. 4 The Petition is denied for the foregoing reasons, without prejudice to the right of the real party in interest to apply upon notice and

Gruner v. Abbott & Cobb, Inc.

478 F. Supp. 529 · District Court, S.D. New York · Jan 29, 1979

his debt than some other creditor of the same class, (emphasis supplied) Section 60 is a technical, complex provision of the Act requiring a high standard of proof of each and every element contained therein in order to establish … Once the trustee is qualified, his title is absolute and the bankrupt loses all ownership interest in non-exempt properties.

Associated Dry Goods Corp. v. National Labor Relations Board

455 F. Supp. 802 · District Court, S.D. New York · Jul 13, 1978

Disclosure Under the FOIA Congress, in passing the FOIA, declared that the Act was intended “to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated language.” … This holding was prefaced by the qualifying phrase, “[whatever the outer boundaries of the attorney’s work-product rule are . . . .” Id.

Citizens for Responsibility & Ethics in Washington v. Trump

276 F. Supp. 3d 174 · District Court, S.D. New York · Dec 21, 2017

As the parties invoking this Court’s jurisdiction,' Plaintiffs bear -the burden of establishing standing, and at the pleading stage, they must do so by “clearly alleg[ing] facts demonstrating each element.” … Alternatively, an organization “may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.” Warth v.

Castillo v. Rice

581 F. Supp. 2d 468 · District Court, S.D. New York · Jul 28, 2008

These provisions of the INA are not ambiguous and they clearly do not prescribe any expedited scheduling of K-l or K-3 visa interviews by United States consulates, regardless that the legislative history behind the creation … An alien is classifiable as a nonimmigrant spouse under INA 101 (a)(l5)(K)(ii) when all of the following requirements are met: (1) The consular officer is satisfied that the alien is qualified under that provision and the

Lipton v. Consumers Union of the United States, Inc.

37 F. Supp. 2d 241 · District Court, S.D. New York · Jan 20, 1999

exception in Section 302(c)(5), the Court said, “relates, not to the purpose for which the trust fund is in fact used (an unrestricted fund that happens to be used ‘for the sole and exclusive benefit of the employees’ does not qualify … Judge Sand there pointed out that Demi-say clearly distinguished establishment cases from operation cases, and did not address the result of an establishment challenge.

Bryant v. Miller

District Court, S.D. New York · Feb 1, 2021

With respect to his Establishment Clause claim, the Court found that “Directive 4914’s attempt to accommodate religions that require head covers does not violate the Establishment Clause,” (Jan. … Mar. 18, 2010) (finding in the qualified immunity context that “neither the Supreme Court nor the Second Circuit has ruled that . . . non-Rastafarian inmates are . . . entitled to” First Amendment protection for dreadlocks