Case law

White v. Gutwein

District Court, S.D. New York · Jul 28, 2022

QUALIFIED IMMUNITY Lastly, Defendants argue that they should be afforded protection by qualified immunity. (M.T.D. at 14.) … The qualified immunity doctrine protects federal and state officials from suit for acts undertaken in their official capacity if “(1) their conduct does not violate clearly established constitutional rights, or (2) it was

Carval Investors UK Ltd. v. Giddens ex rel. SIPA Liquidation of Lehman Bros. (In re Lehman Bros.)

506 B.R. 346 · District Court, S.D. New York · Feb 26, 2014

“Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous.” Id.; see Solow v. … SIPA places the burden of proof to establish “customer” status on the claimant by requiring that a debtor’s obligations to its customers be “ascertainable from the books and records of the debtor” or “otherwise established

Young v. Patrice

832 F. Supp. 721 · District Court, S.D. New York · Sep 14, 1993

In many cases, the complaint will not clearly specify whether officials are sued personally, in their official capacity, or both. … In short, “the course of proceedings” in this case establish that this is, precisely as Young claims it is, a suit against Patrice in his personal capacity.

Natural Resources Defense Council, Inc. v. City of New York

528 F. Supp. 1245 · District Court, S.D. New York · Dec 7, 1981

establishes that the Council, Mr. … The designation of the Morosco as eligible for the National Register does not qualify as significant information mandating the preparation of a supplemental FEIS. This claim is dismissed.

Aurea Jewelry Creations, Inc. v. Lissona

344 F. Supp. 179 · District Court, S.D. New York · Jun 9, 1972

This case and Longines are clearly distinguishable. In sum, the court finds that defendant’s contacts with the New York forum are insufficient to establish the requisite jurisdictional predicate. … within the state, by any person authorized to make service within the state who is a resident of the state or by any person authorized to make service by the laws of the state ... in which service is made or by any duly qualified

Capo v. Bowers

218 F. Supp. 2d 505 · District Court, S.D. New York · Aug 29, 2002

In furtherance of their CBAs, the NYSA and the ILA have established jointly administered employee benefit trust funds to provide benefits to employees and their beneficiaries. … to the provisions of a CBA is afforded considerable deference and may be vacated, insofar as is relevant here, only if it is in manifest disregard of the law, i.e., if the arbitrator knew of a governing legal principle clearly

Valtin v. Hollins

248 F. Supp. 2d 311 · District Court, S.D. New York · Mar 5, 2003

federal law or involved an unreasonable application of clearly established federal law, as determined by the United States Supreme Court. … Moreover, the *315 state court’s application of clearly established federal law must be objectively unreasonable, not merely erroneous. See Williams, 529 U.S. at 387 n. 14, 120 S.Ct. 1495 .

Ceara v. Dirusso-Clarke

District Court, S.D. New York · Aug 5, 2019

As for the damages claims against Clark-DiRusso, the Court found that as a witness in the Family Court proceeding, Clark-DiRusso was entitled to absolute immunity. … The Second Circuit has held that a district court should not state at the time of dismissal whether the dismissal qualifies as a strike under § 1915(g), Instead, the district court should “clearly set forth the reasons

In Re Bank of America Corp. Securities, Derivative, & Employee Retirement Income Security Act (ERISA) Litigation

756 F. Supp. 2d 330 · District Court, S.D. New York · Aug 27, 2010

or qualifying employer securities.” 29 U.S.C. § 1104 (a)(2); see also Wright v. … Defendants argue that the failure to remove the Company Stock Option is conduct immune from judicial review because the defendants lawfully followed plan requirements.

Universal City Studios, Inc. v. Reimerdes

104 F. Supp. 2d 334 · District Court, S.D. New York · Jul 19, 2000

Creighton, 483 U.S. 635, 639 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) (in order to defeat qualified immunity defense to § 1983 claim, plaintiff must show that defendant unreasonably violated clearly established legal rule … ; legal rule must be defined in specific terms in order to avoid transforming doctrine of qualified immunity into basis for unqualified liability by generality of characterizations of constitutional rights). 109 .

LeBlanc-Sternberg v. Fletcher

781 F. Supp. 261 · District Court, S.D. New York · Dec 24, 1991

Plaintiffs urge that application of the Lugar test clearly demonstrates that the Airmont defendants were state actors. We disagree. … In Edmonson , the Court was considering the use of peremptory challenges which is a practice established by state statute.

Nieblas-Love v. New York City Housing Authority

165 F. Supp. 3d 51 · District Court, S.D. New York · Feb 26, 2016

A dispute over an issue of material fact qualifies as genuine “if the evidence is such that a reasonable jury could return a judgment for the nonmov-ing party.” Anderson v. … Nov. 26, 1985) (“[T]he law is settled that pro se litigants cannot qualify as adequate class representatives.”). Accordingly, Plaintiffs motion for class certification is denied.

Preble-Rish Haiti, S.A. v. Republic of Haiti

District Court, S.D. New York · Jun 29, 2023

These provisions covering “all correspondence” between the contracting parties qualify as a “special arrangement for service” between PRH and respondents within the meaning of section 1608(a)(1). See Arb. … Thus, § 26 does establish a special arrangement for the service of process under the FSIA.”) (collecting cases).

Carrero v. New York City Housing Authority

975 F. Supp. 501 · District Court, S.D. New York · Aug 19, 1997

Facts As defendant has the burden of establishing that there is no genuine issue as to any material fact, the Court views the record in the light most favorable to the plaintiff. … On April 12, 1996, Carrero complained to the DEO that a resident caretaker position for which she allegedly had applied had been given to a less qualified employee.

Plant Industries, Inc. v. Bregman

490 F. Supp. 265 · District Court, S.D. New York · May 19, 1980

The standards in this Circuit for preliminary injunctive relief are well-established. … Plant’s financial statements have in fact been qualified in each of the past ten years.

Higgins v. NYP Holdings, Inc.

836 F. Supp. 2d 182 · District Court, S.D. New York · Dec 7, 2011

To establish a prima facie case of retaliation, a *195 plaintiff must establish that (1) he exercised rights protected under the FMLA; (2) he was qualified for the position; (3) he suffered an adverse employment action; and … The Court also notes that plaintiff has not sought to impose liability on or recover damages from parties with immunity, a common feature of behavior held sanctionable. See, e.g., Gollomp, 568 F.3d at 372-73 .

Rodriguez

District Court, S.D. New York · Apr 20, 2026

The factual allegations here clearly implicate the First and Fourteenth Amendments.”).) Given Plaintiff’s pro se status, the Court will analyze Plaintiff’s Eighth Amendment claims regardless of any potential waiver. … Remaining Arguments Defendants also move to dismiss on the grounds of lack of Monell liability, lack of personal involvement, and qualified immunity. (Defs.

Bradshaw v. The City of New York

District Court, S.D. New York · Jun 17, 2019

and could not by themselves establish the existence of a policy or custom of violating constitutional rights. … Oct. 16, 2014); see also Barnes, 2016 WL 4702276, at *3 (summary judgment can qualify as a strike if there was an explicit finding of frivolousness, maliciousness, or failure to state a claim).

Johnson v. Vercollone

District Court, S.D. New York · Nov 6, 2023

Plaintiff asks the Putnam County court to “dismiss the case sua sponte . . . and to provide factual evidence of jurisdiction of the charges to the court over the parties, and want of a qualified witness to … Auth., 722 F.2d 20, 22 (2d Cir. 1983) (noting that “it is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se”).

Johnson v. Vercollone

District Court, S.D. New York · Nov 6, 2023

Plaintiff asks the Putnam County court to “dismiss the case sua sponte . . . and to provide factual evidence of jurisdiction of the charges to the court over the parties, and want of a qualified witness to … Auth., 722 F.2d 20, 22 (2d Cir. 1983) (noting that “it is established that a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se”).