Case law

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.

Eastern Air Lines Inc. v. New York Air Lines, Inc.

559 F. Supp. 1270 · District Court, S.D. New York · Apr 20, 1983

The surveys have established that this type of advertisement misleads the public by suggesting that NYA furnishes the features of EAL’s service as well as additions thereto — clearly an overrepresentation of NYA’s service … Thus, NYA in no way provides guaranteed service, or even the qualified guaranteed service necessitated by PATCO.

Vulcan Society of Westchester County v. Fire Department of White Plains

82 F.R.D. 379 · District Court, S.D. New York · Apr 10, 1979

The common question here is not “whether one individual is better qualified than another, but whether that individual is considered less qualified, not because of his or her own worth, but because of discrimination forbidden … Further, it has not been established that an association can be a representative plaintiff.

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 .

Greens at Chester, LLC v. Town of Chester

District Court, S.D. New York · May 8, 2020

“The party invoking the Court's jurisdiction bears the burden of establishing jurisdiction exists.” Hettler v. Entergy Enters., Inc., 15 F. Supp. 3d 447, 450 (S.D.N.Y. 2014) (citing Conyers v. … The Court cannot determine based upon the plausible allegations in the Complaint whether the affirmative defenses of legislative or qualified immunity shield any of the individual defendants sued in their individual

Garcia v. Warden, Dannemora Correctional Facility

613 F. Supp. 302 · District Court, S.D. New York · Jul 18, 1985

Under this standard, Garcia’s insufficiency argument is clearly without merit. … The defense also called Ventura, who testified under a limited testimonial immunity that he was never inside the vestibule on the morning of the murders. At the conclusion of Ventura’s testimony, the defense rested.

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.)

Nigro v. City Of New York

District Court, S.D. New York · Dec 22, 2020

Ct. 1715 (2019), Nigro plausibly alleges that he was subjected to a retaliatory arrest in violation of the First Amendment, but dismissed the claim against the named individual Defendant based on qualified immunity. … By contrast, the Court concluded that Nigro’s failure-to-train claim against the City survived because “qualified immunity does not extend to municipalities.” Id. at *5.

Andujar v. Weinberger

69 F.R.D. 690 · District Court, S.D. New York · Jan 30, 1976

The language of the SSA and the regulations, quoted above, appears to us to establish that defendant has statutory obligations owing to plaintiffs. … Plaintiffs argue that the delays in payment of benefits to which they are clearly entitled works a deprivation of constitutional dimension and that, in the administration of the SSI program, the Secretary of HEW acts as an

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.

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.

Long v. Marubeni America Corp.

406 F. Supp. 2d 285 · District Court, S.D. New York · Oct 12, 2005

The complaint clearly claims that the discrimination was based on race, and therefore states a claim under § 1981. II. … Qualified Privilege Under New York law, “[t]here exists a qualified privilege where the communication is made to persons who have some common interest in the subject matter.” Foster v.

Maley v. Del Global Technologies Corp.

186 F. Supp. 2d 358 · District Court, S.D. New York · Jan 29, 2002

The Complexity, Expense and Likely Duration of the Litigation Weigh In Favor Of Approving the Settlement This case qualifies as complex, both in establishing liability and in proving damages. … The qualified and experienced counsel for both sides here recommend final approval of the Settlement.

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.

Walpex Trading Co. v. Yacimientos Petroliferos Fiscales Bolivianos

756 F. Supp. 136 · District Court, S.D. New York · Feb 1, 1991

. § 1330 (a) and section 1605(a)(2) of the Foreign Sovereign Immunities Act (the “FSIA”), 28 U.S.C. §§ 1602-1611 . See Walpex, supra. … These cases, however, have involved explicit provisions, clearly incorporated into written contracts signed by the parties. No such document exists in this case.

Odfjell ASA v. Celanese AG

380 F. Supp. 2d 297 · District Court, S.D. New York · Aug 8, 2005

However, the December 21 hearing was clearly proper under the standard set forth by the December 18 Order, inasmuch as the panel heard testimony and received documents, considered the authenticity of testimony and documents … Borg-Warner Corp., 381 F.2d 551, 554 (2d Cir.1967), “when a person has been subpoenaed to produce documents that are the propeity of a third party who claims that the material is immune from production, the third party has

Trautz v. Weisman

809 F. Supp. 239 · District Court, S.D. New York · Dec 11, 1992

We thus decline to dismiss plaintiffs’ § 1983 cause of action. 3. 29 U.S.C. § 794 : The Rehabilitation Act Claim The Rehabilitation Act states that “no otherwise qualified individual with handicaps ... shall, person[s] .. … plaintiffs must allege that defendants engaged in “1) a conspiracy; 2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities

Johnson & Johnson v. Guidant Corp.

525 F. Supp. 2d 336 · District Court, S.D. New York · Aug 29, 2007

Defendants argue (1) that Abbott’s role as a divestiture party qualifies it as an “other advisor [or] agent” within the meaning of the concluding catch-all, and (2) that the loan Abbott gave to BSC qualifies it as an “investment … its portion of Guidant from BSC, rather than directly from Guidant, so long as the inquiry could reasonably be expected to lead to a qualifying acquisition. 15 .

Jones v. County of Westchester

District Court, S.D. New York · Sep 15, 2023

immunity, because a substantive due process right to education is not clearly established; and (iii) that either way, the record demonstrates that D.J. was enrolled in school and/or placed into facilities … Accordingly, the Court need not assess whether Defendants are entitled to qualified immunity. II.