Case law

Elghossain v. Bank Audi S.A.L.

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

P. 12(b)(1), because it is immune from suit under the Foreign Sovereign Immunities Act (“FSIA”). (Banque du Liban Br. (Dkt. … At that preliminary stage, the plaintiff’s prima facie showing may be established solely by allegations.” Id.

Adey v. United Action for Animals, Inc.

361 F. Supp. 457 · District Court, S.D. New York · Jun 25, 1973

“Has Adey qualified himself to use this modern and precise research? Apparently not.” (Report, P. 12) j. … The plaintiff’s status placed upon him, under the rule established by New York Times Co. v.

American Civil Liberties Union v. Clapper

959 F. Supp. 2d 724 · District Court, S.D. New York · Dec 27, 2013

Sovereign Immunity The United States, as sovereign, is immune from suit unless it unequivocally consents to being sued. United States v. … Congress was clearly aware of the need for breadth and provided the Government with the tools to interdict terrorist threats.

Telerate Systems, Inc. v. Caro

689 F. Supp. 221 · District Court, S.D. New York · Jun 10, 1988

Accordingly, the term “reverse engineering” is not a talisman that may immunize the theft of trade secrets. … Moreover, it cannot be considered an expert opinion because its author has not been qualified as such.

Yeung v. Reno

868 F. Supp. 53 · District Court, S.D. New York · Nov 3, 1994

See Lin, 855 F.Supp. at 8 n. 6 (“Senator Simon states, ‘although [Chinese who otherwise qualify for the protections we established against forced return should not be barred because they entered the United States without … Clearly, cases can and will be made on both sides of this issue.’ ”).

Cunningham v. Agro

District Court, S.D. New York · Sep 30, 2019

In the alternative, the Defendants argue that Defendant Argo is entitled to qualified immunity. I. … Should Plaintiff sufficiently plead Defendant Argo’s personal involvement in his third amended complaint, the Court will need to consider whether Defendant Argo is entitled to qualified immunity,

SCG MiMa Towers LLC v. Noble

District Court, S.D. New York · Jul 2, 2025

Defendants assert, contrary to my conclusion in my May 16, 2025 Opinion & Order, (see Prior Op. 5–6), that “subject-matter jurisdiction is established independently under 28 U.S.C. § 1330(a), irrespective of the well-pleaded … While I need not address this argument because 28 U.S.C. § 1447(d) and related case law clearly prohibits reconsideration, I briefly explain why Defendants’ argument is incorrect and their citation to Verlinden is misplaced

Avent v. Unknown Charity Ass. Att. Generals

District Court, S.D. New York · Jan 17, 2020

Plaintiff alleges that he is the “President and Founder and the top executive responsible for . . . establishing the potential establishment of . . . African World Wide Unity Incorporated” as a nonprofit. … New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983. See Trotman v.

Dunleavy v. Ternullo

410 F. Supp. 1166 · District Court, S.D. New York · Mar 5, 1976

Further following well established precedent, the State has submitted for the Court’s consideration a virtually useless memorandum and affidavit in support of the motion. … For the purposes of this motion, the following facts can therefore be treated as established.

In re Magnum Hunter Resources Corp. Securities Litigation

26 F. Supp. 3d 278 · District Court, S.D. New York · Jun 23, 2014

On August 12, 2012, Ferguson told investors that Magnum Hunter’s wells were “clearly exceeding the ... decline curve that we are projecting.” (Id. ¶ 92.) … The company also “hired a new Chief Accounting Officer with *287 the appropriate knowledge and experience to establish and maintain [its] desired control environment.” (Id.)

Fierro v. New York City Department of Education

994 F. Supp. 2d 581 · District Court, S.D. New York · Feb 4, 2014

Authority to set municipal policy resides in “the official or officials responsible for establishing final policy with respect to the subject matter in question.” … (the “Americans with Disabilities Act” or “ADA”); id. § 12132 (prohibiting discrimination against any “qualified individual with a disability ... by reason of such disability”), not by the Constitution, see Bd. of Trustees

United States Ex Rel. Fortmueller v. Commissioner of Immigration

14 F. Supp. 484 · District Court, S.D. New York · Mar 21, 1936

Without more, clearly this statement was enough to enable the Labor Department to make a finding adverse to the relator on the first charge. That being true, there is no occasion to go further in the inquiry. … I think examination of the record makes clear that the department was entitled to say, as it did say, that the third finding also was established.

Correa v. Heckler

587 F. Supp. 1216 · District Court, S.D. New York · May 1, 1984

The ‘‘Prevailing Party” Requirement In order to qualify for an award of attorneys’ fees under the EAJA, plaintiff must prove that she is a “prevailing party” within the meaning of that statute. … In that case, the Second Circuit held that where meritorious claims are clearly separable from nonmeritorious claims, an attorney’s fee award under 42 U.S.C. § 1988 may be reduced to ex-elude costs incurred in connection

Pateman v. The City of White Plains

District Court, S.D. New York · Mar 25, 2020

established right for which qualified immunity is unavailable.” … Sept. 29, 2011) (“[T]he qualified immunity inquiry turns on whether the defendants’ actions were objectively reasonable under clearly established law; and the clearly established law of excessive force itself hinges on

In re World Trade Center Lower Manhattan Disaster Site Litigation

954 F. Supp. 2d 192 · District Court, S.D. New York · Oct 22, 2012

The Victims Compensation Fund (VCF), established by Congress in 2001 and expanded by the James Zadroga 9/11 Health and Compensation Act of 2010, Pub. L. … My court orders clearly ordered that plaintiffs provide proper oaths or affirmations attached or specifically referring to their interrogatory answers.

Swaida v. IBM Retirement Plan

570 F. Supp. 482 · District Court, S.D. New York · Aug 24, 1983

sole purpose of the 1000 hour language was to protect part time workers, others expressed the view that the 1000 hour rule was to protect full time workers as well. 25 Because the 1000 hour rule cannot be claimed to have a clearly … Congress’ specific concern was that the minimum standards established by ERISA would discourage the growth of pension plans. See H.R.Rep.

M.A. v. New York Department of Education

1 F. Supp. 3d 125 · District Court, S.D. New York · Feb 25, 2014

The individually-named City defendants go on to argue that they are entitled to qualified immunity from liability on plaintiffs’ claims under the ADA and the Rehabilitation Act. (Id. at 10-11; City Defs.’ Summ. J. … Based on our determination that plaintiffs have failed to establish liability, we do not address the individual City defendants' argument that they are entitled to qualified immunity. .

United States v. Peltz

18 F.R.D. 394 · District Court, S.D. New York · Dec 1, 1955

They must be given their ordinary meaning to carry out the purpose of establishing a more liberal policy for the production, inspection and use of materials at the trial.” … He is immune from question or comment on his silence; he cannot be convicted when there is the least fair doubt in the minds of any one of the twelve.

Wallace v. All Personal Liability Carriers-Underwriters of Land

District Court, S.D. New York · Sep 25, 2023

“sovereign immunity protects states and state officials from damages . . . [and] Louisiana had not waived its immunity against suits in federal courts.” Id. (citations omitted). … Thus, this dismissal does not qualify as a strike because it is a mixed dismissal. See Escalera, 938 F.3d at 381-82.

Mitchell v. Fab Industries, Inc.

990 F. Supp. 285 · District Court, S.D. New York · Jan 9, 1998

Fab asserts that Mitchell was not qualified for her position and that her termination resulted from complaints about her work performance. … In the present case, Mitchell clearly satisfies the first and third prongs of the prima facie test.