Case law

Soba v. McGoey

761 F. Supp. 273 · District Court, S.D. New York · Mar 29, 1991

immunity and on liability of a municipality in conjunction therewith (as well as time spent on a motion to amend the complaint which never was filed), telephone conferences with the client who was refusing to agree to dismissal … The medical expert witness fee will be allowed to plaintiff as costs, since the expert’s testimony was necessary in establishing the plaintiffs claim. Coughenour v.

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

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

United States v. Goodfellow

320 F. Supp. 812 · District Court, S.D. New York · Dec 28, 1970

The clerk of Local Board 55 testified that some years before 1966 the board adopted a resolution authorizing her to send induction notices to qualified registrants in the order of their respective ages. … Each registrant will be considered as available for military service until his eligibility for deferment or exemption from military service is clearly established to the satisfaction of the local board.

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.

Aguirre v. New York State Police

156 F. Supp. 2d 305 · District Court, S.D. New York · Jul 5, 2001

Plaintiffs counter that, nonetheless, they were qualified for their respective positions. … Defendants’ argument that Plaintiffs were not qualified fails considering Plaintiffs’ long record of employment with the New York State Police. See Gregory v.

MasterCard International Inc. v. Nike, Inc.

164 F. Supp. 3d 592 · District Court, S.D. New York · Feb 23, 2016

Defendants attack Plaintiffs breach of contract claim with respect to the Confidentiality Provision on two primary grounds: (1) Plaintiff fails to establish that basic information regarding employees is “confidential” and … While the latter allegation does not appear on its face to constitute a misappropriation of a trade secret, a federal court applying Oregon law has acknowledged that a similar allegation “is clearly encompassed by OUTSA’s

City of Newburgh v. SARNA

690 F. Supp. 2d 136 · District Court, S.D. New York · Feb 5, 2010

Here, Plaintiffs Notice Letter clearly established that the alleged pollutant is untreated stormwater runoff into Brown’s Pond. … As discussed above, Plaintiff has failed to clearly establish an actual and imminent threat of irreparable harm to its water supply.

Astra Oil Trading NV v. PRSI Trading Co. LP

794 F. Supp. 2d 462 · District Court, S.D. New York · Jun 23, 2011

Although we recognize that it is ultimately plaintiffs burden to establish standing, defendant’s misguided argument needs only to be stated to be rejected. … Friend, — U.S. -, 130 S.Ct. 1181 , 175 L.Ed.2d 1029 (2010) (establishing the “nerve center” test for a corporation’s principal place of business).

Platzer v. Sloan-Kettering Institute for Cancer Research

787 F. Supp. 360 · District Court, S.D. New York · Mar 4, 1992

White blood cells are vital to the body’s immune system, and are often destroyed during the course of chemotherapy, resulting in life-threatening infections. … This argument is clearly without merit.

Evans v. American Federation of Television & Radio Artists

354 F. Supp. 823 · District Court, S.D. New York · Jan 23, 1973

During that strike, picket lines were established, and union members were directed not to report for work. … What determination the Supreme Court will adopt on this issue in construing § 8(a)(3) as to those who claim religious immunity, when such a case reaches that Court, remains to be seen.

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

Bennett v. Gill & Duffus Chemicals, Inc.

699 F. Supp. 454 · District Court, S.D. New York · Nov 10, 1988

In the absence of that, the Court will not reward the errant plan administrators with immunity under a so-called “sale of business rule.” … “The ‘sale of business’ cases ... clearly apply.” Id. at *459 4. "This ‘sale of business’ rule applies squarely to the facts of this case.” Id. at 26 . "The sale of business rule clearly applies.” Id. at 38 .

Takeda Chemical Industries, Ltd. v. Mylan Laboratories, Inc.

459 F. Supp. 2d 227 · District Court, S.D. New York · Sep 20, 2006

Again, Rosenberg admitted in his deposition that pioglitazone is clearly superior to the closest prior art, and that Table 1 of the '777 Patent established that clear superiority. … The Hatch-Wax-man Act cannot be read to immunize such conduct.

W.G. Ex Rel. K.G. v. New York City Department of Education

801 F. Supp. 2d 142 · District Court, S.D. New York · May 18, 2011

He clearly can be a threat to himself and others because of the amount of inner conflict, bizarre thought processes and poor impulse control. … Mom felt that because he had a past history of depression, he should qualify for this criteria.

Burch v. New York State

District Court, S.D. New York · Mar 22, 2024

has abrogated the states’ Eleventh Amendment immunity . . . .” … New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983. See Trotman v.

Rodriguez v. Atria Senior Living Group, Inc.

887 F. Supp. 2d 503 · District Court, S.D. New York · Aug 13, 2012

His motion papers do not clearly demarcate his FMLA allegations into separate claims, but the Court understands him to offer six potential bases for FMLA liability. … “To establish a prima facie ease of retaliation under the ADA, a plaintiff must establish that (1) the employee was engaged in an activity protected by the ADA, (2) the employer was aware of that activity, (3) an employment

Federal Deposit Insurance v. European American Bank & Trust Co.

576 F. Supp. 950 · District Court, S.D. New York · Nov 29, 1983

Background CHIPS was established in 1970 to process an increasing volume of international and domestic fund transfers. … The FDIC’s determination to assess CHIPS payments on a net bank-by-bank basis is clearly reasonable.

Coleman v. Board of Educ. of City of Mount Vernon

990 F. Supp. 221 · District Court, S.D. New York · May 1, 1997

AA (PSD List), or (2) fill out ah application requesting an absentee ballot and qualify to receive one. 5 Tr. 176-77,231. … Plaintiffs clearly have been aware of the existence of their claims well before they filed this suit; their Complaint replicates many of the issues raised in prior municipal and state challenges.

CL-Alexanders Laing & Cruickshank v. Goldfeld

739 F. Supp. 158 · District Court, S.D. New York · Jun 4, 1990

Solitron Devices, Inc., 673 F.2d 566 (2d Cir.), cert. denied, 459 U.S. 838 , 103 S.Ct. 86 , 74 L.Ed.2d 80 (1982), but to establish scienter through recklessness, it is not enough for plaintiff to establish that the method … A particular set of facts “cannot be established by mere speculation or idiosyncratic opinion, even if th[e] opinion [about the facts] is held by one who qualifies as an expert under Fed.R.Evid. 702.”