Case law

Ottaviani v. State University of New York at New Paltz

679 F. Supp. 288 · District Court, S.D. New York · Jan 11, 1988

Tenure In order to prove a prima facie case of tenure discrimination, a plaintiff must establish that: 1) she was a member of a protected group; 16 2) she was qualified for tenure; and 3) she was denied tenure in circumstances … The information in Jessup’s file clearly indicated that her article had not yet been accepted for publication.

In Re Methyl Tertiary Butyl Ether (Mtbe) Products

643 F. Supp. 2d 482 · District Court, S.D. New York · Jul 21, 2009

On the other hand, Driscoll is well qualified to testify concerning the duration of MTBE contamination at the Station 6 wells. … First, as a mere economic advisor to the EPA, it is unclear whether Stavins is even qualified to testify about the intent of the EPA.

Ansoumana v. Gristede's Operating Corp.

255 F. Supp. 2d 184 · District Court, S.D. New York · Jan 28, 2003

Hudson/Chelsea argues that delivery services require plaintiffs to exercise “skill and independent initiative,” the third consideration of Brock , but clearly this is not so in any objective sense. … Additionally, the relationship between Duane Reade and the Hudson/Chelsea defendants establishes joint employment. That relationship was “so extensive and regular as to approach exclusive agency.”

Whaley v. City University of New York

555 F. Supp. 2d 381 · District Court, S.D. New York · Apr 24, 2008

None qualifies as a continuing violation. And to the extent they might be deemed to do so, no evidence supports any finding of discriminatory animus. … Prima facie case Plaintiff was clearly subjected to an adverse employment action — he was not reappointed.

Park East Corp. v. Califano

435 F. Supp. 46 · District Court, S.D. New York · Jun 9, 1977

The foregoing caused the Appellate Division to unanimously observe as follows: The punishment of revocation, however, which has been imposed is clearly unreal and harsh. … and with the defendant Blue Cross and Blue Shield of Greater New York to violate the foregoing provisions of Title 42 of the United States Code in order to deny plaintiff of its assets, property, rights, privileges and immunities

St. German of Alaska Eastern Orthodox Catholic Church v. United States

653 F. Supp. 1342 · District Court, S.D. New York · Feb 11, 1987

Once the government establishes a prima facie case for enforcement, the burden shifts to the taxpayer to establish that enforcement would constitute an abuse of the Court’s process. 9 Petitioners have not disputed that the … A spiritual or religious leader is no more immune from investigation by the IRS than the ordinary citizen where there is a substantial basis for belief, as clearly appears in this case, that the taxpayer’s conduct warrants

Dodge v. County of Orange

282 F. Supp. 2d 41 · District Court, S.D. New York · Sep 9, 2003

The Second Circuit also rejected the defendants’ argument that qualified immunity shielded them from liability to plaintiff because (1) all the circuits that had addressed similar policies had found them to be unconstitutional … However, recognizing the subtle but important distinction between its facts in Wachtler and those of Weber and Walsh , the Circuit granted qualified immunity to the individual officers involved in the strip search on the

Arriaga v. Otaiza

District Court, S.D. New York · Nov 19, 2021

To that point, it is well settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v. … HALPERN United States District Judge 3 Given the conclusions reached herein, the Court need not and does not address Defendants’ remaining argument as to qualified immunity.

Bergnes v. New York State Unified Court System/Office of Court Administration

District Court, S.D. New York · Aug 12, 2024

State Sovereign Immunity Defendants first argue that state sovereign immunity deprives this Court of subject matter jurisdiction to hear the case. See Def. Br. at 8-10. … “willing to police abuses of the doctrine that threaten to evade sovereign immunity”).

Liveperson, Inc. v. 24/7 Customer, Inc.

83 F. Supp. 3d 501 · District Court, S.D. New York · Jan 16, 2015

The existence of the contracts is therefore established. … This does not establish the “wrongful means” required to make this claim.

Jones v. Cuomo, in his official capacity as the Governor of New York

District Court, S.D. New York · Jun 2, 2021

within the Executive Order’s positivity criteria would be identified based on the “tables posted publicly by all 50 states,” with “[a]nalysis of the metrics … conducted weekly to determine if travelers from other states qualify … of the Privileges and Immunities Clause.

Gilliam v. New York State Board of Law Examiners

District Court, S.D. New York · Aug 19, 2024

Plaintiff cannot, under these circumstances, “establish that he had standing to bring a due process claim at the time he filed suit.” Otrompke, 2021 WL 7654221, at *2. Accordingly, the Complaint must be dismissed. … Eleventh Amendment Immunity Defendants separately argue that they “fall within a category of state agents afforded sovereign immunity and the Complaint must be dismissed.”

Dantzig v. Scarpino

District Court, S.D. New York · Mar 16, 2021

“[G]overnment officials and private actors deemed to be engaged in state action are not entitled to the protections of Monell and local governments are not entitled to qualified immunity.” Herrera v. Santa Fe Pub. … I have established a PACER account; 3.

RLS ASSOCIATES, LLC v. United Bank of Kuwait PLC

464 F. Supp. 2d 206 · District Court, S.D. New York · Nov 27, 2006

The New York Court of Appeals has clearly articulated this distinction: [Pjlaintiff urges that New York should ... categorize section 52-577a [a Connecticut statute establishing time limits for product liability claims] as … the exclusive statutory cause of action as to warrant saying that it qualified the right to bring that kind of action.”

Robinson v. Bowen

650 F. Supp. 1495 · District Court, S.D. New York · Jan 8, 1987

This reduces the recipient’s “available” income below the established subsistence level. 21 In Lyon v. … Moreover, this regulation has nothing to do with establishing the amount that can or will be withheld from any of the benefit payments.

Davis v. E. I. DuPont De Nemours & Co.

240 F. Supp. 612 · District Court, S.D. New York · Apr 16, 1965

Defendant Susskind’s testimony indicates clearly that he did not bargain for any rights to the Davis play under the Tyler Agreement. … The testimony clearly establishes that DuPont, directly or through its agents (including BBDO), had to approve of several steps in the production of the television program.

Mitchell v. Washingtonville Central School District

992 F. Supp. 395 · District Court, S.D. New York · Jan 30, 1998

A claim for disability under the ADA requires plaintiff to- first establish a prima facie case, showing: (1) that he is handicapped under the disability acts; (2) that he is otherwise qualified to perform the job in question … Inco Alloys Int'l, Inc., 108 F.3d 104 , (6th Cir.1997) (plaintiff's prior representations estopped him from claiming that he was qualified for former position, but he could assert that he was qualified for vacant light duty

Community Healthcare Assoc. v. New York State Department of Health

921 F. Supp. 2d 130 · District Court, S.D. New York · Feb 1, 2013

Evenif a previous ruling is found to be the law of the case, this Court has the discretion to revisit the determination if it was “clearly erroneous and would work a manifest justice.” Christianson v. … Congress did intend to ensure adequate reimbursement for FQHCs in particular, but as long as the peer group establishes the reasonable costs by region and service, Plaintiffs have not established why the peer group cannot

United States v. Jacobs

304 F. Supp. 613 · District Court, S.D. New York · May 19, 1969

Herbert Levine, Arthur Levine and David Jacobs were appointed and qualified as the executors of his estate. … (Ex. 25) Exhibits 10-C, 11 and 25 clearly establish that Credit Men’s interpreted its rights in the assignment of the escrow fund as subject to success of the corporation in defeating the government’s claim in the Tax Court

Amen v. Giuffre

District Court, S.D. New York · Dec 13, 2022

In addition, a producing person may use its own document (e.g., as a deposition exhibit) containing material that is subject to a claim of privilege or immunity from disclosure for the purpose of establishing the basis … claim of privilege or immunity from disclosure for any purpose other than establishing the basis of such claim. 25.