Case law

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

United Artists Associated, Inc. v. NWL CORPORATION

198 F. Supp. 953 · District Court, S.D. New York · May 24, 1961

The only qualified technician of the Fair-mont division would have the same functions to discharge at trial. … The insufficiency of the defense of misuse of copyright is not clearly apparent in the case at .bar. The motion to strike under Rule 12, F.R.Civ. P.

White v. Ezekwe

District Court, S.D. New York · Dec 11, 2023

Even if Plaintiff had established a serious medical condition, he has not shown that Ezekwe was deliberately indifferent to it. … The Court thereafter expressly 5 In light of the conclusions reached herein, the Court need not and does not address Defendant’s argument regarding qualified immunity.

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

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.

Commodity Futures Trading Commission v. U. S. Metals Depository Co.

468 F. Supp. 1149 · District Court, S.D. New York · Apr 5, 1979

The Commission has abundantly established willful violations of the antifraud and disclosure rules promulgated under the Commodity Act. … IF ANSWER IS YES TO ALL THREE QUESTIONS, YOU NOW HAVE A QUALIFIED FIRST CALL.

Bank of China, New York Branch v. NBM LLC

192 F. Supp. 2d 183 · District Court, S.D. New York · Mar 18, 2002

First, as discussed below and in my decision denying the motions to dismiss, the Bank has established that a cause of action exists, for these purposes. … Moreover, although the recently-filed counterclaims do seek massive amounts in damages, the Bank clearly does not concede that those amounts are "just.” 2 .

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 .

Dawkins v. Copeland

District Court, S.D. New York · Mar 31, 2020

In any event, Copeland would likely not be entitled to qualified immunity because a prisoner’s right to send and receive legal mail is clearly established. See Bellezza v. … July 12, 2011) (denying qualified immunity on motion to dismiss access to the courts and mails claim).

Clair v. Peter Thomas Roth, LLC

District Court, S.D. New York · Nov 30, 2020

must be clearly so designated before the material is disclosed or produced. … The Disclosing Party retains the burden of establishing the privileged or protected nature of the Protected Information.

Cuzco v. Orion Builders, Inc.

262 F.R.D. 325 · District Court, S.D. New York · Sep 30, 2009

Here, common questions of liability clearly predominate over any individual inquiries; namely, whether Defendants’ pay practices violated the NYLL overtime, minimum wage, and late payment provisions. … As explained above, there is no question that the WRLC is qualified to and fully capable of litigating this action.

Schear v. Food Scope America, Inc.

297 F.R.D. 114 · District Court, S.D. New York · Jan 10, 2014

Accordingly, adequacy of the representatives is established. e. … Defendants do not contest that Defendants Yokoyama and Picardi qualify as “employers” under the FLSA.

Diaz v. Bloomberg, L.P.

District Court, S.D. New York · May 31, 2023

, as an attorney-client communication, or other privilege or immunity. … The Producing Party bears the burden of establishing the privileged or otherwise protected nature of any inadvertently produced information or materials.

Agonafer v. Rubin

35 F. Supp. 2d 300 · District Court, S.D. New York · Dec 4, 1998

Agonafer was initially notified that she was qualified for the position, she was subsequently informed by letter that her name was not on the list of those who had been selected. … Shultz had clearly established views of racial animus, and that the entire panel was aware of Ms.

Bolanos v. Norwegian Cruise Lines Ltd.

212 F.R.D. 144 · District Court, S.D. New York · Nov 26, 2002

With regard to those portions of the Report to which no objection was made, the Court has reviewed them and found that they are not clearly erroneous. IV. … For all these reasons, plaintiffs have established typicality. D.

Securities & Exchange Commission v. Havener Securities Corp.

7 B.R. 839 · District Court, S.D. New York · Dec 23, 1980

The question is whether a reasonable attorney could have concluded that facts supporting the claim ‘might be established’, not whether such facts actually ‘had been established.’ ” Nemeroff, supra, at 348 . … Furthermore, the fact that in Equitable Equities, FNCB qualified as a “customer” is irrelevant to the issue of bad faith herein.

Tainsky v. Clarins USA, Inc.

363 F. Supp. 2d 578 · District Court, S.D. New York · Mar 14, 2005

Plaintiffs allegations, if true, clearly qualify as “pervasive” within the meaning of Oncale . … Defendants, on the other hand, state that Plaintiff did not follow the procedure and never clearly verbalized a sexual harassment complaint. (Def. Rule 56.1 ¶ ¶ 17, 19, 20, 21, 34.)

Vazquez v. City of New York

District Court, S.D. New York · May 17, 2021

“[A]n inmate cannot establish relevant actual injury simply by establishing that his prison’s law library or legal assistance program is subpar in some theoretical sense.” Lewis, 518 U.S. at 351. … To qualify as an adverse action, retaliatory conduct must be conduct that “would deter a similarly situated individual of ordinary firmness from exercising his or her constitutional rights. . . .

Natural Resources Defense Council, Inc. v. United States Food & Drug Administration

872 F. Supp. 2d 318 · District Court, S.D. New York · Jun 1, 2012

See Chaney, 470 U.S. at 832 , 105 S.Ct. at 1656 (“[A]n agency’s decision not to take enforcement action should be presumed immune from judicial review under [5 U.S.C.] § 701(a)(2).”). … However, none of these cases clearly supports this proposition.