Case law

VDP PATENT, LLC v. Welch Allyn Holdings, Inc.

623 F. Supp. 2d 364 · District Court, S.D. New York · Jun 28, 2007

Yet the method clearly if implicitly contemplates visualization of some aspect of the earwax-removal process. … The patentee sought “[r]econsideration of the rejection ... on the basis of Goldenberg in view of Grossan,” arguing that Golden-berg was “non-analogous art” and that “Grossan clearly does not disclose or suggest establishing

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).

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.

Gorman v. Prudential Lines, Inc.

637 F. Supp. 879 · District Court, S.D. New York · Jun 16, 1986

The condition of the machinery and equipment on the SAROULA clearly left much to be desired. … After a period of approximately 5 months of recuperation and rest, Gorman requested a qualifying physical examination in which he was found fit for duty.

Monaco v. Chrysler Sales Corp.

191 F. Supp. 648 · District Court, S.D. New York · Feb 20, 1961

As to the defendant Chrysler Corporation, the manufacturer of the car, clearly there was no privity between said defendant and the plaintiff’s employer, Ziff-Davis Publishing Company; nor was there any privity between said … Lorenz, 1959, 7 A.D.2d 968 , 183 N.Y.S.2d 46 the Appellate Division dismissed the complaint of the infant on the ground that she failed to establish a cause of action.

Morris v. The United States of America (GOV)

District Court, S.D. New York · May 5, 2020

These defendants are therefore immune from any liability under the doctrine of sovereign immunity. … I have established a PACER account; 3.

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).

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.

Logan v. Matveevskii

57 F. Supp. 3d 234 · District Court, S.D. New York · Sep 29, 2014

United States, 31 Fed.Cl. 758, 761 (Fed.Cl.1994) (“It is well-established that HUD’s grant of funds does not establish an agency relationship, even if the local public housing authority is nothing more than a conduit for … Cates, 2009 WL 723021 , at *5 (“[T]he [defendants’ brief maintains that, as federal employees, the [e]mployee [defendants are immune from suit under the [FTCA], and the pleadings make clear that the [e]mployee [defendants

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.

Palma v. Cabrini of Westchester

District Court, S.D. New York · Aug 15, 2022

“[A] defendant generally may not remove a case to federal court unless the plaintiff’s complaint establishes that the case arises under federal law.” McCulloch Orthopaedic Surgical Servs., PLLC v. … Supp. 3d at 258 (holding an anticipated immunity defense under the PREP Act is insufficient for removal under Grable).

Martens v. Smith Barney, Inc.

181 F.R.D. 243 · District Court, S.D. New York · Jun 23, 1998

Douglas James Scanlon, 473 U.S. 234, 238 , 105 S.Ct. 3142 , 87 L.Ed.2d 171 (1985) (requiring, to abrogate state sovereign immunity, clear statutory language) (citation omitted); see also Tafflin v. … Dispute Resolution Process The settlement would “establish a new dispute resolution process ... as an exclusive forum ...

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.

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.

Hurley v. Toia

432 F. Supp. 1170 · District Court, S.D. New York · May 3, 1977

This is especially true because of the absence of clearly defined standards circumscribing the “good cause” determination. … Alternatively, plaintiffs have raised serious questions going to the merits of this controversy and have established that the balance of hardships tips decidedly in their favor.

United States v. a & N Cleaners and Launderers, Inc.

854 F. Supp. 229 · District Court, S.D. New York · May 26, 1994

Even if the Government had *243 established that the 1985 Sample was of Ironing Machine Condensate, the small amount of PCE detected in this Sample might have qualified the Berkman Defendants for a de minimis settlement under … An uncertain chance of qualifying for the innocent purchaser defense may be seen as insufficient to justify these costs and risks. 13 .

McGuiggan v. CPC International, Inc.

84 F. Supp. 2d 470 · District Court, S.D. New York · Jan 31, 2000

CPC established the geographic routes; distributors were not allowed to distribute products outside the .established route. … If this does not qualify as interstate commerce, I am hard pressed to understand what is.

Witt v. Village of Mamaroneck

992 F. Supp. 2d 350 · District Court, S.D. New York · Mar 31, 2014

The two pre-Irene comparators are clearly inapposite on this basis. … Compl. ¶¶ 169-70, or whether Melillo is entitled to qualified immunity. See Defs.’ Mem. of Law in Supp. at 29-31. .

Shtilman v. Baker

District Court, S.D. New York · Jun 27, 2022

Makram; and (3) the moving Defendants are, at a minimum, entitled to qualified immunity. (See Mot. at 3, 6, 7, 9, 10.) The Court addresses these arguments below. I. … immunity.

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