Case law

Tyler v. New York Telephone Co.

192 F. Supp. 52 · District Court, S.D. New York · Mar 9, 1961

The plaintiffs claim that these deductions violate the terms of the pension plan as originally established in 1913, and as amended in 1914. … The Employees’ Benefit Committee was established, to consist of five members appointed from management personnel by the company’s Board of Directors.

Gruss v. Zwirn

296 F.R.D. 224 · District Court, S.D. New York · Nov 20, 2013

(Answer ¶¶ 102-07, 138-217, 241-42) In sum, Gibson Dunn’s argument that the interview notes qualify as internal firm documents within the “narrow exception” of Sage Realty is not persuasive. … In camera review allows the Court to determine whether an alleged “work product concern is real, or only speculative,” and establishes a record for appellate review. See id.

Chaplin v. Consolidated Edison Co. of New York, Inc.

482 F. Supp. 1165 · District Court, S.D. New York · Jan 18, 1980

. §§ 793 , 794, alleging that Con Ed’s hiring policies discriminate against qualified job applicants who are epilepsy sufferers. … First, Cannon establishes that administrative exhaustion is not appropriately required here.

Thompson Medical Co., Inc. v. Ciba-Geigy Corp.

643 F. Supp. 1190 · District Court, S.D. New York · Apr 16, 1986

In order to rely on non-Dexatrim studies, it is incumbent on Thompson to establish point-by-point bioequivalance with an established Dexatrim BA profile. … I certainly am not qualified to make such a finding.

United States Ex Rel. Mikes v. Straus

84 F. Supp. 2d 427 · District Court, S.D. New York · Dec 10, 1999

Morton Thiokol, 706 F.Supp. 795, 810 (D.Utah 1988) (Engineering judgment “is clearly not a statement of fact that can be said to be either true or false, and thus cannot form the basis of a FCA claim”). … . § 1320c-5(a), a provision of the Social Security Act that prescribes various standards to which physicians must adhere in order to qualify for the Medicare program.

Marangello v. People of State of NY

563 F. Supp. 750 · District Court, S.D. New York · May 16, 1983

Virginia, supra, to sustain a criminal contempt conviction under New York law. 3 New York case law clearly establishes that proof of the content of the conversation is not a necessary element of a conviction for evasive contempt … According to Marangello, the prosecutor, by *754 showing Marangello the soundless videotape, deliberately pressured him into qualifying his initial unequivocal denials that he had discussed Galante’s murder with Can-none

Lawtone-Bowles v. Baum

District Court, S.D. New York · Aug 6, 2025

Court must dismiss an in forma pauperis complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … Appx. 10, 14-15 (2d Cir. 2017); Roth, 756 F.3d at 181 (“[I]f a servicer establishes a designated QWR address, then the borrower must deliver its request to that office in order for the inquiry to be a ‘qualified written

Pacelli v. United States

508 F. Supp. 496 · District Court, S.D. New York · Nov 25, 1980

Her agitated state on the witness stand stands out clearly in her responses in the record. … The petitioner merges with Cancio’s cooperation in 1971 the immunity arrangement made only in 1974 and spread on the record of the Torres case trial — so far as immunity from prosecution.

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.)

Jakubik v. Schmirer

956 F. Supp. 2d 523 · District Court, S.D. New York · Jul 26, 2013

This opinion chronicles, some of these episodes in greater detail below, see infra pp. 542-45, but the evidence clearly established that Jakubik engaged in a pattern of serious physical and verbal abuse of Schmirer during … Although Petitioner argued on several occasions that D.T.J. would be meeting with greater academic success in Hungary, that fact was not clearly established.

United States v. Bodmer

342 F. Supp. 2d 176 · District Court, S.D. New York · Jul 9, 2004

If immunity from the FCPA’s criminal penalties automatically conferred non-resident foreign nationals with immunity from the money laundering statute, these non-resident foreign nationals could openly serve as professional … The Government's charging decision, standing alone, does not establish the applicability of the statute.

105 Street Associates, LLC v. Greenwich Insurance

507 F. Supp. 2d 377 · District Court, S.D. New York · Sep 5, 2007

The parties do not dispute that the injury allegedly suffered by Conrad qualifies as an “occurrence” as that term is defined in the contract, nor that the Conrad Action qualifies as a “suit.” … Where an insurer fails to promptly inform an insured that its claim is denied based on the insured’s violation of a timely notice provision, the insurer’s delay may be excused if it can “establish that the delay ... was reasonably

Bacon v. Evans

District Court, S.D. New York · Dec 1, 2021

immunity. … Thus, “as a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity when acting

Groucho Marx Productions, Inc. v. Day & Night Co.

523 F. Supp. 485 · District Court, S.D. New York · Oct 2, 1981

It was not his purpose in accepting honorariums for speeches, permitting the use of his photographs, or selling the rights to his speeches to establish his personality as a commercial commodity . . . . ” Id. at 865 . … Clearly, the situation at issue herb is not analogous to that litigated in Frosch .

Bass v. Richardson

338 F. Supp. 478 · District Court, S.D. New York · Nov 19, 1971

Bass II is clearly a separate action from Bass I. … Failure to establish or even generally gauge such a standard does not assist the Court in establishing a figure.

A.M. ex rel. Y.N. v. New York City Department of Education

964 F. Supp. 2d 270 · District Court, S.D. New York · Aug 9, 2013

The Court agrees that Plaintiff has established a procedural violation of the IDEA. … To the extent that Plaintiff argues that Schneider does not qualify as the district representative because he does not meet the general requirement that the representative be "qualified to provide, or supervise the provision

Public Employees' Retirement System v. Merrill Lynch & Co.

277 F.R.D. 97 · District Court, S.D. New York · Aug 22, 2011

Third, it is clearly desirable to concentrate this litigation in this forum. … Under either the original or the revised estimate, however, the numerosity requirement is clearly satisfied. .

New York State Ass'n of Career Schools v. State Education Department

762 F. Supp. 1124 · District Court, S.D. New York · May 6, 1991

Munro, 650 F.2d 184, 188 (9th Cir.1981) (“the courts have consistently required that plaintiffs seeking to qualify as ‘prevailing parties’ [under § 1988] establish some sort of clear, causal relationship between the litigation … Plaintiffs’ direct effect on the legislative process therefore appears to have been the result of lobbying pressure, and thus an award of attorney’s fees is clearly not warranted on that basis.

Goldstein v. Puda Coal, Inc.

827 F. Supp. 2d 348 · District Court, S.D. New York · Dec 6, 2011

“The first step establishes as presumptive lead plaintiff the person or group of persons who meet(s) the following three criteria: (1) the candidate must have filed the complaint or made a motion in response to a notice; … Having decided that aggregation is appropriate, the collective losses of the Querub Group clearly constitute the largest financial loss of any movant.

Ingram v. Madison Square Garden Center, Inc.

482 F. Supp. 414 · District Court, S.D. New York · Oct 3, 1979

Local 3’s standardless and for the most part implicit policy of limiting referrals largely to personal friends or acquaintances of its business agent and laborer representative, James O’Hara, clearly operated to exclude the … They were on the premises, observed the laborers performing duties which they felt qualified to perform and were aware of the pay and benefit differentials. 24 .