Case law

United States v. Reyes

934 F. Supp. 553 · District Court, S.D. New York · May 21, 1996

The third prong of this test is usually the most difficult to establish. … Under that standard, should the Second Circuit adopt it, Reyes’ Sixth Amendment claim clearly fails. 35 .

In Re Joint East. & South. Dist. Asbestos Litig.

237 F. Supp. 2d 297 · District Court, S.D. New York · Dec 27, 2002

It establishes an irrebuttable presumption that living claimants with confirmed mesothelioma qualify for such treatment since there is normally substantial medical doubt that they will survive beyond six months. … It also establishes a rebuttable presumption that living claimants with confirmed lung cancer caused by asbestos exposure qualify for Exigent Health treatment. 2002 TDP, supra, section C.10.(a).

Press v. Marvalan Industries, Inc.

468 F. Supp. 1072 · District Court, S.D. New York · Mar 28, 1979

M V Sandpiper, 331 F.2d 130 (2d Cir. 1964); 6 Moore’s Federal Practice at 56-64. *1078 Of course, the moving party carries the burden of clearly establishing the absence of any genuine issue of material fact and all doubts … He argues that he cannot be held accountable on these claims because he was at all times acting within the scope of his duties as an officer and director of both Marvalan and White Lamps and is thus entitled to immunity.

Lee v. Joseph E. Seagram & Sons, Inc.

413 F. Supp. 693 · District Court, S.D. New York · Apr 26, 1976

not in the habit of purchasing distributorships (these entities normally passed between independent businessmen), Seagram agreed to act as the conduit for the ownership in this instance since the prospective purchaser, qualified … Sommer, a Certified Public Accountant, who was duly qualified at trial as an expert with experience in evaluating business investments in general and liquor distributorships in particular.

Roberto v. United States

357 F. Supp. 862 · District Court, S.D. New York · Mar 29, 1973

When an entertainment establishment derives between two-thirds and three-quarters of its gross revenue from the sale of refreshments then the sale is important in its own right and is a significant attraction of the establishment … The facts and circumstances surrounding the operation of Club Caborrojeno clearly indicate a cabaret status within the meaning of 26 U.S.C.A. § 4231 (6).

Giuffre v. Prince Andrew

District Court, S.D. New York · Jan 18, 2022

In addition, a producing person may use its own document (e.g., as a deposition exhibit) containing material that is subject to a claim of privilege or immunity from disclosure for the purpose of establishing the basis … claim of privilege or immunity from disclosure for any purpose other than establishing the basis of such claim. 24, If the Producing Party seeks to claw back Inadvertently Disclosed Information, the Producing

American Trucking Associations, Inc. v. New York State Thruway Authority

199 F. Supp. 3d 855 · District Court, S.D. New York · Aug 10, 2016

In their brief opposing Defendants’ earlier motion to dismiss, Plaintiffs withdrew their Privileges-and-Immunities claim. (See Opp’s to Defs.’ Mot. to Dismiss (Dkt. No. 22) at 25.) … Any motorist can qualify for the commuter rate by purchasing a “bundle” of at least 20 trips. Only Grand Island residents, however, can get the lowest rate. Id. at 256 .

Litton Systems, Inc. v. American Telephone & Telegraph Co.

90 F.R.D. 410 · District Court, S.D. New York · Jun 4, 1981

This Order clearly encompassed the September 10, 1973 interviews conducted by Roberts; in fact, the Order specifically refers to Roberts’ September 10, 1973 interview with Leonard Mende, id. at 3. … The fact that certain documents were produced in that case — with its broader scope and reach of discovery — and not in this case does not, without more, establish gross negligence or wilful misconduct.

Lee v. Orange County Jail (Administration)

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

If a reasonable relationship can be established, punishment is not present and the Due Process clause is not violated.” United States v. Basciano, 369 F. Supp. 2d 344, 350 (E.D.N.Y. 2005) (quoting Boudin v. … immunity.

Financial Matters, Inc. v. PepsiCo, Inc.

806 F. Supp. 480 · District Court, S.D. New York · Nov 17, 1992

FMI next alleges that PepsiCo acquired its trademark through deception, by falsely representing that it was the unconditional owner of the marks, when it never actually had such rights because after 1977 it no longer qualified … Plaintiffs in the final analysis have failed to establish on this record that they will suffer any irreparable injury if an injunction in their favor is denied.

Ritch v. New York Eye and Ear Infirmary

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

[the Coordinator] also informed me that all applications are currently on hold and they are not giving out any badges at this time… I also spoke to the nurse at my doctor's office and was told that the immunizations forms … Patel clearly share a common interest. Dr. Patel is the Chairman of the Medical Board of NYEE. Dkt. No. 120 at ¶ 14. Dr. Tsai is the President of NYEE. Dkt. No. 120 at ¶ 1.

Cespedes v. Coughlin

956 F. Supp. 454 · District Court, S.D. New York · Feb 7, 1997

Accordingly, Frazier announced a two-part standard which prisoners must satisfy to establish a procedural due process claim due to segregated confinement: To prevail, [plaintiff inmate] must establish both that [1] the confinement … The rationale underlying this provision is clear: Persons proceeding informa pauperis are immune from imposition of costs if they are unsuccessful; and because of their poverty, they are practically immune from later tort

Odeon Capital Group, LLC v. Ackerman

149 F. Supp. 3d 480 · District Court, S.D. New York · Feb 29, 2016

But the petition does not give rise'to federal question jurisdiction — and no party in the instant litigation claims that it does — because the Federal Arbitration Act "creates a body of federal substantive law establishing … In Dixie Yams, the court found that an arbitration proceeding qualified as an ‘action for money damages’ for the purpose of applying New York Debtor and Creditor Law § 273-a, which required a fraudulent convey- or to be ‘

Lambros Seaplane Base, Inc. v. The Batory

117 F. Supp. 16 · District Court, S.D. New York · Dec 7, 1953

Nor do I believe, that if the ship was not guilty of conversion in taking the plane aboard, it became a converter by its qualified refusal to return the plane when libelant later demanded it. … There is clearly no surprise or prejudice here, since the issue of negligence was extensively argued by both parties.

Bush v. Fordham University

452 F. Supp. 2d 394 · District Court, S.D. New York · Sep 25, 2006

However, Bush has not met her de minimis burden to establish either that she was qualified for a Level 6 upgrade or that Fordham’s decision not to upgrade her gives rise to an inference of discrimination. … See Williams, 368 F.3d at 127 (finding that plaintiff failed to establish a prima facie case of retaliation where she failed to show that she was qualified for a promotion); Gadsden v.

Securities & Exchange Commission v. Wyly

788 F. Supp. 2d 92 · District Court, S.D. New York · Mar 31, 2011

insider trading liability, [section] 10(b) and Rule 10b-5 are violated when a corporate insider trades in the securities of his corporation on the basis of material, nonpublic information.” 168 Trading on such information qualifies … swap agreements. 185 Meanwhile, Congress simultaneously excluded security-based swaps from the definition of a “security” under the Exchange Act. 186 Thus, the Wylys argue, security-based swap agreements not only do not qualify

Cronin v. Board of Education

689 F. Supp. 197 · District Court, S.D. New York · May 23, 1988

Contending that Bruce had not attained the recommended targets established for him in the Boces program, the Cronins objected to the decision to graduate Bruce. … Unfortunately, OVR only provides transportation services if the family qualifies on the basis of financial need. The Cronins believe that they do not qualify for free transportation services. Id.

Guarnaccia v. Kenin

234 F. Supp. 429 · District Court, S.D. New York · Sep 3, 1964

The Rothstein proposal was •clearly contrary to the will of the majority as manifested by the referendum. … This qualifying language was not specifically included in the original proposal submitted by Senator McClellan. See II Legislative History of the LMRDA 1102(1) (1959).

Schapiro v. New York City Department of Health

179 F. Supp. 2d 170 · District Court, S.D. New York · Jan 10, 2001

The Court thus focuses on whether Schapiro has sufficiently established that he has an impairment that substantially limits a major life activity. … exclusive remedy provision of the Worker’s Compensation Law in New York does not bar allegations by an employee of intentional or deliberate acts by the employer directed at causing harm to the employee, this exception clearly

Universal City Studios, Inc. v. Reimerdes

111 F. Supp. 2d 294 · District Court, S.D. New York · Sep 6, 2000

Its expressive element no more immunizes its functional aspects from regulation than the expressive motives of an assassin immunize the assassin’s action. … Just as the potential chilling effect of defamation suits has not utterly immunized the press from all actions for defamation, however, the potential chilling effect of DMCA liability cannot utterly immunize web site operators