Case law

Monte v. Ernst & Young LLP

330 F. Supp. 2d 350 · District Court, S.D. New York · Aug 10, 2004

According to Plaintiff, the role of project leader was assigned to a less qualified and less experienced Senior Manager, Keith Andrezewski, despite the fact that Plaintiff informed both Scharkss and another Partner, John … Plaintiff has met his burden of establishing a prima facie case of retaliation. Termination is clearly a materially adverse change in the terms or conditions of employment sufficient to satisfy the third prong.

Mercado v. The City of New York

District Court, S.D. New York · Jun 26, 2024

Four to five police officers then approached plaintiff’s vehicle, qualified immunity, that “a plaintiff can sue an officer’s municipal employer for promulgating unconstitutional policies or practices … immunity argument.

United States v. Kahaner

204 F. Supp. 921 · District Court, S.D. New York · May 4, 1962

of absolute official silence” and “the Justice Department [refusal] to comment”), the allegation by defendant’s counsel that the Government was the source of the leaks, resting as it does upon surmise and conjecture, is clearly … jurors have formed opinions often prove groundless ; the impact of news items upon the public mind, depending upon their nature, may be more imaginary than real. 9 Further, impressions or even an opinion do not necessarily establish

Socialist Workers Party v. Attorney General of the United States

463 F. Supp. 515 · District Court, S.D. New York · Dec 15, 1978

Of course, double recoveries will not be allowed, and once a traditional tort has been established the allegation with respect to prima facie tort will be rendered academic. … Clearly the discretionary function exception has no application to the disruption program.

Sokolow v. Palestine Liberation Organization

60 F. Supp. 3d 509 · District Court, S.D. New York · Nov 19, 2014

To establish an “unlawful action,” Plaintiffs must show that their injuries resulted from an act of “international terrorism.” … Palestinian Auth., 467 F.Supp.2d 107, 113 (D.D.C.2006) (“It has also been determined by other federal courts that the PLO qualifies as an unincorporated association under Rule 4(h) of the Federal Rules of Civil Procedure

Dooner v. NMI LTD.

725 F. Supp. 153 · District Court, S.D. New York · Oct 27, 1989

In addition, leave to amend will not be given when “the proposed change is clearly frivolous or advances a claim or defense that is clearly meritless.” Slavin v. Benson, 493 F.Supp. 32, 33 (S.D.N.Y. 1980). … Weaver, supra, 455 U.S. at 559-60 , 102 S.Ct. at 1225 , requires a number of limited partners for a limited partnership interest to qualify as a security.

Amelio

District Court, S.D. New York · Jan 13, 2026

“Even if probable cause to arrest is ultimately found not to have existed, an arresting officer will still be entitled to qualified immunity from a suit for damages if he can establish that there was ‘arguable probable … Because the TAC and Police Complaint Report establish that the police had probable cause to arrest Carmine – and, at the very least, arguable probable cause sufficient for qualified immunity to apply – Claim XI should

Concesionaria DHM, S.A. v. International Finance Corp.

307 F. Supp. 2d 553 · District Court, S.D. New York · Mar 6, 2004

The parties also agree that there is jurisdiction in this Court pursuant to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1330 (a), because CAF is an agent or instrumentality of a foreign state. … That is not the situation in this case, which is clearly based on the defendants’ refusal to disburse funds under the loan agreements. The breach of implied covenant claims are thus redundant and are dismissed.

Gulino v. Board of Education of the City School District

907 F. Supp. 2d 492 · District Court, S.D. New York · Dec 5, 2012

Circuit, therefore, Plaintiffs can challenge the LAST under Title VII by suing the Board, their employer, for requiring them to pass the exam. 9 With respect to the Board’s and SED’s second argument, the Second Circuit clearly … Dist., 906 F.2d 1017, 1020 (5th Cir.1990) (holding Texas is immune from *527 Title VII suit for teacher certification test), cert. denied, 498 U.S. 1026 , 111 S.Ct. 676 , 112 L.Ed.2d 668 (1991).

A.I. Trade Finance, Inc. v. Altos Hornos de Vizcaya, S.A.

840 F. Supp. 271 · District Court, S.D. New York · Dec 27, 1993

Plaintiff claims to' be a holder in due course of - the notes in question and thus immune from the defenses that defendants may have against Delta. … Research discloses no cases in this Circuit or state that govern whether participation in financing a commercial transaction qualifies as “dealing” under § 3-305(2).

Lusker v. Ohrenstein

995 F. Supp. 388 · District Court, S.D. New York · Feb 24, 1998

The State defendants argue that the claims against them are barred by the statute of limitations and qualified immunity and that the complaint fails to state a claim under 42 U.S.C. §§ 1983 and 1985. … It is well established that an allegation of class-based animus is essential to state a claim under § 1985. Bray v.

International Society for Krishna Consciousness, Inc. v. New York Port Authority

425 F. Supp. 681 · District Court, S.D. New York · Jan 14, 1977

It is also well-established that, by virtue of this rule, government agencies are not subject to suit under Section 1983. Zuckerman v. … The constitutional requirements are clearly delineated in this area.

Janczuk v. United States

District Court, S.D. New York · Aug 12, 2024

such immunity is waived.”). … The burden of establishing standing to sue rests with the party bringing the action. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992).

Dopico v. Goldschmidt

518 F. Supp. 1161 · District Court, S.D. New York · Jul 24, 1981

If governing regulations “were to require substantial adjustments in existing programs beyond those necessary to eliminate discrimination against otherwise qualified individuals, they would do more than qualify the meaning … National Sea Clammers Association 65 establish two key exceptions to the Thiboutot rule.

John E. Andrus Memorial, Inc. v. Daines

600 F. Supp. 2d 563 · District Court, S.D. New York · Mar 4, 2009

Note 10 of the financial statements clearly establishes that the Andrus had a surplus of $509,179 at the end of 2005. 13 (Hr’g Tr. 207:24-208:2.) Further, Mr. … This fact was not clearly established at the preliminary injunction hearing. (See Hr'g Tr. 256:11-258:21.) 11 . Ms. Biddle's testimony regarding the telephone call with Mr.

Finley v. Giacobbe

827 F. Supp. 215 · District Court, S.D. New York · Jul 19, 1993

Plaintiff alleges that she was forced to resign her position as the Medical Director of SPH/RCI because of her efforts to provide health care services for patients with acquired immune deficiency syndrome (“AIDS”). … While the Appellate Division never clearly stated the basis for its holding in St. Agnes, Giannelli clearly states that medical by-laws can form the basis for a breach of contract claim.

Giannacopoulos v. Credit Suisse

37 F. Supp. 2d 626 · District Court, S.D. New York · Feb 26, 1999

In spring 1993, Ergis clearly breached its duty to Mr. Giannacopoulos if it “refused to honor its corporate guaranty” to him. … However, not all strangers generally qualified to respond to a negligent misrepresentation can sue based on their reliance on the misrepresentation.

In Re Gas Reclamation, Inc. Securities Litigation

659 F. Supp. 493 · District Court, S.D. New York · Apr 9, 1987

Defendants’ first argument is clearly fallacious under law established by the Texas Supreme Court. Defendants are correct that Riverside National Bank v. … However, subsequent cases clearly confined Riverside National Bank to its facts.

Elatos Restaurant Corp. v. Sava

632 F. Supp. 1049 · District Court, S.D. New York · Mar 18, 1986

If the beneficiary is clearly unqualified, the petition should be denied. … When examination of the petition indicates that the petition may be approvable if the beneficiary is qualified, but that additional documents are required, the petition shall be returned to the petitioner with a request for

New York v. United Parcel Service, Inc.

179 F. Supp. 3d 282 · District Court, S.D. New York · Apr 19, 2016

. *285 Specifically, UPS’s motion turns on whether it has established its entitlement to judgment as a matter of law with respect to plaintiffs’ PACT Act claims on the basis that it is exempt from liability pursuant to 15 … Clearly, it does apply to the states.” (UPS’s 56.1 ¶ 13.)