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

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

Bradford Trust Co. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

622 F. Supp. 208 · District Court, S.D. New York · Dec 9, 1985

During the trial of the instant case, counsel for the defendant stated clearly that Merrill Lynch had not stipulated that the Allens’ signatures were forged. See Tr. at 23-24. … The evidence needed to prove that a forgery occurred could have been provided by the testimony of a qualified expert or by a witness to the execution of the endorsement.

Barnet v. Ministry of Culture and Sports of the Hellenic Republic

District Court, S.D. New York · Jun 21, 2019

Plaintiffs’ claims due to Defendant’s sovereign immunity. … As a result, Defendant is not immune from suit. 1.

UNIVERSITY HOSP., NY UNIV. MED. CTR. v. Bowen

684 F. Supp. 1234 · District Court, S.D. New York · May 2, 1988

To qualify as a special care unit, the unit must comply with objective criteria which the Secretary has established to ensure that costs are properly allocated and that a provider's Medicare reimbursement is as accurate and … Plaintiff has only appealed the Secretary's determination that the CVSCU does not qualify as a special care unit.

Moore v. Westchester County

District Court, S.D. New York · Aug 19, 2019

Mem. 17–18), they merely restate the qualified immunity caselaw without meaningfully applying it to the facts of the case. … Accordingly, the Court declines to consider at this time whether Defendants are protected by qualified immunity.

Kurz v. Chase Manhattan Bank

273 F. Supp. 2d 474 · District Court, S.D. New York · Jul 21, 2003

. § 1666 , which clearly sets out the required procedure to be followed if the obligor wishes to query his bill. … One thing is quite clear: Kurz is not eligible to recover attorneys’ fees, even if he prevails, because an attorney pro se does not qualify for such reimbursement in this Circuit, Belmont v.

Yourman v. Dinkins

826 F. Supp. 736 · District Court, S.D. New York · Jul 12, 1993

Constitutionality Defendants posit that Garcia establishes an “undue burden” test. … Usery, 426 U.S. 833 , 96 S.Ct. 2465 , 49 L.Ed.2d 245 (1976), for determining state immunity under the Commerce Clause.

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.

Faulkner v. Arista Records LLC

46 F. Supp. 3d 365 · District Court, S.D. New York · Sep 15, 2014

After establishing this baseline, Mr. Nil-sen conducted point-by-point analyses of Mr. Coleman’s opinion that Arista’s records must be ignored. … Coleman is qualified to testify about interpolation. As discussed earlier, Ms.

United States Ex Rel. Taylor v. Gabelli

345 F. Supp. 2d 313 · District Court, S.D. New York · Jul 29, 2004

Two levels of federal discounts were made available to qualifying “very small” and “small” businesses. … "Rather, a plaintiff alleging fraud must establish a connection between fraudulent acts or statements and each defendant, or must establish facts that inform each defendant of its participation in the fraud.” Id.

United States v. Yonkers Board of Education

611 F. Supp. 730 · District Court, S.D. New York · Jun 17, 1985

After 120 days, if a certificate holder is unable to locate qualified housing in East Yonkers, the certificate can then be used anywhere in the City of Yonkers. Id. … As we have already indicated, the contract embodied in the Consent Decree clearly contemplates expeditious approval of the MHA’s Section 8 application.

Sunbeam Products, Inc. v. Wing Shing Products (BVI) Ltd.

311 B.R. 378 · District Court, S.D. New York · Jul 1, 2004

Coffee from surrendering patent rights that are actual and established — important protection considering that Mr. Coffee agreed to allow Wing Shing to use some of Mr. … Coffee with infringement” does not "lead[] to the inevitable conclusion that the first element of estoppel has been established.” (Sunbeam Br. at 35.)

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.

Henry A. Leonard & Co. v. United States Trustee (In Re River Foal, Inc.)

161 B.R. 568 · District Court, S.D. New York · Nov 24, 1993

Such a finding is, however, implicit and may not be set aside unless clearly erroneous; due regard must also be given to the opportunity of the Bankruptcy Judge to assess the credibility of those appearing when the issue … A statutory basis for continuing Bankruptcy Court jurisdiction might be found in the All Writs statute, 28 U.S.C. § 1651 , permitting all courts established by Act of Congress “to issue all writs necessary or appropriate

Saunders v. Edward

District Court, S.D. New York · Oct 17, 2024

Defendants Are Entitled to Qualified Immunity Defendants are entitled to qualified immunity as Plaintiff has failed to “show[] facts making out violation of a constitutional right.” … Defendant Venettozzi is also entitled to qualified immunity because Plaintiff has not alleged that Defendant Venettozzi was personally involved in any constitutional violations. See Spavone v.

Hill v. Tatum

District Court, S.D. New York · Mar 26, 2025

from liability, either through absolute or qualified immunity. … The Court need not decide whether Hill states a claim for any constitutional violation or the issues of qualified immunity and exhaustion under the PLRA. III.

Cortes v. City of New York

700 F. Supp. 2d 474 · District Court, S.D. New York · Mar 30, 2010

To the extent Plaintiff alleges that the various actions dating back to 2002 of which he complains comprised a hostile work environment encompassing the termination, however, his Title VII claim is not clearly time-barred … In order to establish a prima facie case of race or gender discrimination, a plaintiff must establish that: (1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse

Carroll v. Trump

District Court, S.D. New York · Mar 28, 2023

How ‘direct’ this connection must be has not been clearly defined. . . . And, in light of the broad construction of § 74, . . . … Trump has failed to establish as a matter of law that his statement is a “fair and true” report of a judicial proceeding.

Rapp v. Fowler

District Court, S.D. New York · Aug 9, 2022

.”’* It is well- established that Rule 501 does not look to state law on nonprivilege immunities even where such protections may be understood colloquially as “privileges” — as is commonly the case with attorney work-product … However, [the party claiming privilege] has asserted only the work product doctrine of Rule 26(b)(3), which is commonly recognized as a qualified immunity and not a privilege.”); see also Frontier