Case law

Gissin v. Endres

739 F. Supp. 2d 488 · District Court, S.D. New York · Sep 1, 2010

Forward-Looking Statements Defendants assert that any alleged misstatements are immunized from liability *505 under the safe harbor provision of the PSLRA. … Schottenfeld Qualified Assoc. v. Workstream, Inc, No. 05 Civ. 7092, 2006 WL 4472318 , at *3 (S.D.N.Y. May 4, 2006). 124 . In re IAC/InterActiveCorp Sec.

Borg-Johnson Electronics, Inc. v. Christenberry

169 F. Supp. 746 · District Court, S.D. New York · Jan 19, 1959

One of the primary purposes of the Act was to establish qualified, impartial Hearing Examiners who would not be mere “rubber stamps” for the agency’s prosecuting arm. Ramspeck v. … I am constrained to reach this result despite my personal view that plaintiff’s acts clearly warrant the imposition of a fraud order.

Antoine v. Larotonda

District Court, S.D. New York · Jul 25, 2019

See Figueroa, 825 F.3d at 100 (in false arrest context, “an arresting officer is entitled to qualified immunity so long as arguable probable cause was present when the arrest was made”) (internal quotation marks omitted … Miller, 66 F.3d 416, 425 (2d Cir. 1995), and so Defendant would be entitled to qualified immunity even if he lacked probable cause to charge.

Securities & Exchange Commission v. Reserve Management Co.

275 F.R.D. 154 · District Court, S.D. New York · May 23, 2011

(In re Grand Jury Subpoenas Dated March 19, 2002 & August 2, 2002), 318 F.3d 379, 384 (2d Cir.2003) (“It is, moreover, well established that the party invoking a privilege bears the burden of establishing its applicability … May 9, 2011) (“As the party asserting privilege, the [plaintiffs] had the burden of establishing it. ”); Seyler v. T-Systems N.

AAI Recoveries, Inc. v. Pijuan

13 F. Supp. 2d 448 · District Court, S.D. New York · Jun 23, 1998

Pijuan must show that for each note there exists a written agreement that qualifies his repayment obligation and that Capitol and Pijuan executed these agreements contemporaneously with each note. … Pijuan claims that these depositions will “establish what knowledge they had regarding the defenses to the notes.” Pijuan Aff. ¶ 8-9.

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

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.

Gramercy Spire Tenants' Ass'n v. Harris

446 F. Supp. 814 · District Court, S.D. New York · Sep 16, 1977

Clearly, protection of the utmost import is afforded tenants under the RSL. A basic level of fair rent increase is established by the Rent Guidelines Board. … Plaintiff clearly has the requisite “associational standing” to bring suit in this case. See Hunt v.

Village of Piermont v. American Alternative Insurance

151 F. Supp. 3d 438 · District Court, S.D. New York · Dec 17, 2015

Compl. ¶ 7 (emphasis added). ., Comparing the policy language with the allegations, the Individual Defendants are clearly insured under the policy’s definition. … Because the Individual Defendants qualify for a defense under' GL Coverage B,'the-Court does not reach this issue.

Hansen Packing Co. v. Swift & Co.

27 F. Supp. 364 · District Court, S.D. New York · Apr 20, 1939

On or about that date Swift of West Virginia withdrew from Montana and Swift of Illinois qualified to do business there. … Such activities clearly constituted business transacted within the State of Montana, Eastman Kodak Co. v. Southern Photo Co., 273 U.S. 359 , 47 S.Ct. 400 , 71 L.Ed. 684 .

Record Club of America, Inc. v. United Artists Records, Inc.

611 F. Supp. 211 · District Court, S.D. New York · Jun 17, 1985

In my view, neither Felsen nor the other authorities cited by defendant establish this unconditional proposition. … A parent corporation that is motivated by malice toward a plaintiff, or that uses fraudulent or illegal means, is not immune from liability. Id.; see also Coniff v.

United States v. Guerrerio

675 F. Supp. 1430 · District Court, S.D. New York · Dec 8, 1987

As noted above, money damages are often not recoverable as a result of the web of privileges and immunities accorded to the actors in the criminal justice system. … The New York Bar has established a sophisticated system to review and disciple attorneys for violations of the Code of Professional Responsibility as adopted by the New York Bar Association.

in Re: Voyager Digital Holdings, Inc

District Court, S.D. New York · Apr 1, 2023

A finding of fact is clearly erroneous if the court is “left with the definite and firm conviction that a mistake has been committed.” In re Manville Forest Prods. … Ray, 386 U.S. 547, 553-54 (1967) (“Few doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction.”

Robinson v. Davison

District Court, S.D. New York · Sep 27, 2021

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 … , unless such immunity is waived.”).

United States v. Rodney

302 F. Supp. 2d 276 · District Court, S.D. New York · Feb 11, 2004

In this regard, the particular language the Circuit Court employed is qualified by the caveat that “if the evidence viewed in the light most favorable to the prosecution” gives equal circumstantial support to a theory of … Clearly, this is a test that applies in the Rule 29 context from a perspective of the court viewing the whole evidence retrospectively in assessing its sufficiency to support a conviction, and not one relevant to a jury’s

Childs v. Drexel Burnham Lambert Group (In Re Drexel Burnham Lambert Group, Inc.)

146 B.R. 84 · District Court, S.D. New York · Oct 13, 1992

Childs, Jr., a partner at Jones, Day, Reaves & Pogue, qualified as Executor of Davidson’s Estate. *86 The Jones, Day law firm was one of lead counsel in the Chapter 11 proceedings, having served from the inception of the … The record clearly supports this.

Broidy v. Global Risk Advisors LLC

District Court, S.D. New York · Mar 31, 2021

However, absent such a request, the Court considers the second step and decides “whether all the requisites for such immunity exist[s]” while also considering “whether the ground of immunity is one which it is the established … However, the Circuit also has clearly stated that “if a plaintiff suffers the same harm at the hands of two defendants, the plaintiff may institute one suit against one defendant and a separate suit against another defendant

Kurlan v. Tirrell Bros. Silk Corp.

102 F. Supp. 970 · District Court, S.D. New York · Feb 19, 1952

It has been established to my satisfaction that throughout the entire period involved in this case, there were established market values for the firsts and seconds of the kind of lastex here involved. … It is, however, clearly usage. .

Ducler

District Court, S.D. New York · Jul 29, 2026

He lists criminal statutes that qualify as predicate acts, but he provides no facts showing that any Defendant engaged in the underlying conduct or otherwise violated the RICO statute. … To establish diversity jurisdiction under 28 U.S.C. § 1332, a plaintiff must first allege that the plaintiff and the defendant are citizens of different states. Wis. Dep’t of Corr. v.

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