Case law

Scaglione v. Chappaqua Central School District

209 F. Supp. 2d 311 · District Court, S.D. New York · Jul 11, 2002

In the cases most clearly apposite to this one, both from the Fifth Circuit, the defendant commission was found to be liable under Title VII as an employment agency. In Dumas v. … Following the line of reasoning established in Sibley and Spirt, WCPO would qualify as an “employment agency” pursuant to Title VII. IV.

Brooklyn Center for Independence of Disabled v. Bloomberg

290 F.R.D. 409 · District Court, S.D. New York · Nov 16, 2012

Significantly, although it is plaintiffs’ burden to establish such injury, see Roxbury Taxpayers Alliance v. Delaware Cnty. … Mem. at 13), a number clearly rendering joinder impracticable.

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

Tafari v. Hues

539 F. Supp. 2d 694 · District Court, S.D. New York · Mar 3, 2008

The court felt that if it were “to hold otherwise, litigious prisoners could immunize frivolous lawsuits from the ‘three strikes’ barrier by the simple expedient of pleading unexhausted habeas *699 claims as components of … The Court also found that a jurisdictional defect is not a “clearly baseless suit[ ] with which Congress was concerned when passing the PLRA.” Id. at 444 .

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 .

Blessing v. J.P. Morgan Chase & Co.

394 F. Supp. 2d 569 · District Court, S.D. New York · Aug 3, 2005

Defendants assert that Blessing was not the most qualified applicant for the APM position. … Whether Blessing was More Qualified Although plaintiff claims that he was more qualified for the JPMC APM position, Dickson managed a portfolio ten *579 times the size of Blessing’s. (Susswein Aff. Ex. 14 at 61-75.)

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.

Kools v. Citibank, N.A.

872 F. Supp. 67 · District Court, S.D. New York · Jan 5, 1995

Although the report does indicate clearly that the payment was approved on December 2, the explanation for the approval reads “OK to pay [illegible] Carlos 12/2.” … A fundamental principle of letter-of-credit law provides that the issuer remains immune from all “responsibilities to police the underlying transaction.” Id.

Lawrence v. Cohn

816 F. Supp. 191 · District Court, S.D. New York · Feb 25, 1993

To qualify for purely prospective application, a decision must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, ... or by deciding an issue of first impression … was not clearly foreshadowed.”

Brown v. Venettozi

District Court, S.D. New York · Sep 4, 2019

Defendants argue that this does not plausibly allege personal involvement and that, in any event, Venettozzi should be entitled to qualified immunity. (Defs.’ Mem. 20–21.) … Id. at 631–32. 3 3 Because the Court dismisses the claims against the Defendants other than Venettozzi on their merits, it is not necessary to reach the questions of qualified immunity as to them.

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.

Carroll v. Trump

District Court, S.D. New York · Aug 7, 2023

Trump’s first defense is absolute presidential immunity. … Trump’s first defense asserting absolute presidential immunity.

Anderson v. STATE OF NY, OFFICE OF ADMIN.

614 F. Supp. 2d 404 · District Court, S.D. New York · Apr 27, 2009

Green” 129 “[T]he initial burden rests with the plaintiff to establish a prima facie case of discrimination.” 130 A plaintiff meets this burden by showing that: (1) she falls within a protected group; (2) she was qualified … under section 1983, a plaintiff must show that the conduct complained of was committed by a person or entity acting under color of state law, and that the conduct deprived a person of rights, privileges, or immunities secured

Piasecki v. Daughters of Jacob Nursing Home, Inc.

808 F. Supp. 1136 · District Court, S.D. New York · Dec 22, 1992

It is undisputed that he is within the protected class, that he is qualified for the position of mashgiach, and that DOJ discharged him. … The age of plaintiff’s replacement, in combination with the allegedly discriminatory statements, clearly yields an inference of age discrimination. 6 In a similar factual scenario, the Second Circuit in Levin v.

Suthers v. Amgen, Inc.

372 F. Supp. 2d 416 · District Court, S.D. New York · Jun 6, 2005

Grimes concluded that there was a duty to the research subject independent of the consent, and that a consent form could not be utilized to immunize the researchers from liability. … The design of these regulations is based on established, internationally recognized ethical principles.

Board of Elections v. Lomenzo

358 F. Supp. 1190 · District Court, S.D. New York · May 22, 1973

Election Law § 355 provides, in pertinent part: “Any qualified person may register at the main office of the board of elections or any branch office thereof at any time during the hours that such office is regularly open … So, plaintiffs argue, while the statute challenged herein on its face clearly favors the Christian religion by prohibiting people of all religions from engaging in a secular activity on the Christian Sabbath, the ameliorating

Malarkey v. Texaco, Inc.

794 F. Supp. 1248 · District Court, S.D. New York · May 29, 1992

To obtain such a stay, an applicant must (i) make a strong showing that it is likely to succeed on the merits of the appeal; (ii) establish that unless a stay is granted it will suffer irreparable injury; (iii) show that … A corporation the size of Texaco, which presumably shifts personnel as a *1251 matter of course, will not be irreversibly injured by promoting a single, well-qualified employee. See Malarkey v.

Sorlucco v. New York City Police Department

703 F. Supp. 1092 · District Court, S.D. New York · Jan 17, 1989

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), established a three-step process for the allocation of proof for Title VII “disparate treatment” *1098 cases. … “if two or more persons in any State or Territory conspire ... 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

In Re New York Investors Mutual Group, Inc.

143 F. Supp. 51 · District Court, S.D. New York · Jul 13, 1956

Any such contract or lease not assumed or rejected within such time, whether or not a trustee has been appointed or has qualified, shall be deemed to be rejected.” … To overcome the Referee’s order it must be established that his findings were clearly erroneous. 13 And in this instance there is involved a matter of business judgment and discretion which will not be disturbed unless there

Boomer v. Benteuiglia

District Court, S.D. New York · Mar 26, 2021

However, the allegations establish clearly that Plaintiff saw a neurosurgeon at Putnam County Hospital on January 15, 2019. (Id. at 5). … Failure to exhaust administrative remedies under the PLRA is an affirmative defense, not a pleading requirement, 4 Defendants also argue that dismissal is appropriate because Defendants are shielded by qualified immunity