Case law

Morser v. AT & T INFORMATION SYSTEMS

703 F. Supp. 1072 · District Court, S.D. New York · Feb 9, 1989

*1082 was qualified for the job that he held at the time of his layoff; and he was laid off as part of AT & T-IS’s reduction-in-force. … In light of this business judgment, Morser’s own belief that he was qualified to fill Ware’s position “carries little weight.” EEOC v.

WarnerVision Entertainment Inc. v. Empire of Carolina Inc.

915 F. Supp. 639 · District Court, S.D. New York · Feb 12, 1996

Clearly, some “imagination, thought and perception” is necessary to reach the conclusion that a box marked REAL WT3EELS contains a video cassette. … The Second Circuit noted that the statute may not even cover all marks that qualify as arbitrary and fanciful under the Abercrombie & Fitch analysis. Id.

Andros Compania Maritima, S.A. v. Andre & Cie., S.A.

430 F. Supp. 88 · District Court, S.D. New York · Mar 21, 1977

So much is established by statute, 9 U.S.C. §§ 4 , 206, and case law. … Case law establishes that a defendant may “be found within the district” — and hence immune to attachment under Rule B(l) — only if “(1) in personam jurisdiction can be obtained therein; and (2) he can, with due diligence

Levine v. Fenstermaker

District Court, S.D. New York · Jul 2, 2024

Abuse of Process To establish an abuse of process claim, a plaintiff must establish that the defendant “(1) employs regularly issued legal process to compel performance … Eleventh Amendment Immunity Under the Eleventh Amendment, “state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless

Woodruff v. Lavine

417 F. Supp. 824 · District Court, S.D. New York · Jul 13, 1976

AFDC families in writing no less often than annually of the availability of the early and periodic screening, diagnosis and treatment (EPSDT) program ... by providing pamphlets, brochures, or other written materials, which clearly … The evidence establishes that the Department has adhered to its prescribed procedure.

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,

Alisandrelli v. Kenwood

724 F. Supp. 235 · District Court, S.D. New York · Nov 14, 1989

The Court found the state rule to be "merely a form and mode of enforcing the immunity, Guaranty Trust Co. v. … Interstate Realty Co., 337 U.S. 535 , 69 S.Ct. 1235 , 93 L.Ed. 1524 (1949) (federal court must apply state law barring suits by corporations not qualified to do business in the state); Klaxon Co. v. Stentor Elec. Mfg.

Banyai v. Mazur

205 F.R.D. 160 · District Court, S.D. New York · Jan 8, 2002

Defendants’ objection to Judith Zinn as a class representative, although not clearly articulated, appears to be that Zinn is not typical because she did not become a beneficiary of the Fund until after the original complaint … That determination requires a two pronged inquiry: (1) class counsel must be “qualified, experienced, and generally able to conduct the litigation;” and (2) class members must not have antagonistic interests to one another

Adamowicz v. Internal Revenue Service

672 F. Supp. 2d 454 · District Court, S.D. New York · Nov 24, 2009

Indeed, Carney—Plaintiffs’ main case in support of this proposition— clearly shows the law is otherwise. … To withhold documents properly under this exemption, the Government must establish both that the statute invoked qualifies under Exemption 3 and that the documents withheld qualify for nondisclosure under that statute.

Valde-Cruz v. Russo

District Court, S.D. New York · Mar 15, 2022

immunity. … The Court will not opine on whether he is entitled to qualified immunity, however, because Plaintiff has not plausibly pled that he is entitled to relief. See Posr v.

Rosen v. The State of Florida

District Court, S.D. New York · Sep 19, 2022

Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998) (“[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly baseless . . . ; or (2) the claim is based on an indisputably meritless legal theory … Even if Plaintiff could represent the Trust, and it could proceed as a party in this action, these allegations are insufficient to establish that venue is proper in this district.

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

In Re Rezulin Products Liability Litigation

309 F. Supp. 2d 531 · District Court, S.D. New York · Mar 15, 2004

It incorporates principles established in Daubert v. … Bell clearly asserted also that Warner-Lambert did not comply with FDA reporting guidelines. Id. ¶ 46. For other examples of opinions that obviously touch on FDA regulations, see note 50. 55 .

DGM Investments, Inc. v. New York Futures Exchange, Inc.

224 F.R.D. 133 · District Court, S.D. New York · Aug 23, 2004

The party claiming the privilege “has the burden to establish its existence.” Friedman, 738 F.2d at 1341 . … Accordingly, the NYBOT Defendants have not established that NYBOT’s compliance manuals are protected from discovery by the qualified investigatory privilege.

Dodson v. CBS Broadcasting Inc.

423 F. Supp. 2d 331 · District Court, S.D. New York · Mar 29, 2006

Plaintiff has also asserted that, like the actionable promotions, Fontana was less qualified for the position than available male candidates. … Defendants refer to the possible ambiguous or neutral meaning of the remark, but, in light of Judge Wood’s previous holding, the weight and interpretation to give this statement is clearly a question for the factfinder.

DeSilvis v. National Railroad Passenger Corp.

97 F. Supp. 2d 459 · District Court, S.D. New York · May 9, 2000

Id. ¶ 7 . 7 DISCUSSION The principles governing the grant or denial of summary judgment are well established. … In addition, since Amtrak is a "corporation” and not “an agency or establishment of the United States Government,” 45 U.S.C. § 541 , it is also "deprive[d] of sovereign immunity from suit.”

Valentin v. Czubak

District Court, S.D. New York · Aug 2, 2021

Individuals who are imprisoned “cannot establish relevant actual injury simply by establishing that [a] prison’s law library or legal assistance program is subpar in some theoretical sense.” … “Because attorneys, by definition, are trained and qualified in legal matters, when a prisoner with appointed counsel claims that he was hindered by prison officials in his efforts to defend himself or pursue other relevant

Orient Overseas Container Line, (UK) Ltd. v. Sea-Land Service, Inc.

122 F. Supp. 2d 481 · District Court, S.D. New York · Nov 28, 2000

If the bill of lading cannot be read to list the container as a package, *490 then nothing described on the bill of lading qualifies as a COGSA package; the engines do not qualify, and the racks are not mentioned. … In the case at bar, the bill of lading clearly shows that the amount of freight on this shipment of 17 containers was calculated per container.

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

In Re Terrorist Attacks on September 11, 2001

689 F. Supp. 2d 552 · District Court, S.D. New York · Jan 13, 2010

suit under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1602 , et seq. … Moreover, the Plaintiffs clearly have reason to fear that NCB’s motion will remain pending for some time after it is fully briefed because Judge Daniels has expressed an intention to deal first with defense motions challenging