Case law

Newell v. State University of New York Westchester Community College

District Court, S.D. New York · Jun 20, 2023

;” (3) “[she] was otherwise qualified to perform the essential functions of the job with or without reasonable accommodation;” and (4) “[she] suffered an adverse employment action because of [her] disability.” … Plaintiff, with respect to the ADA’s “regarded as” prong, alleges that WCC’s Covid-19 Policy “regarded [her] as disabled with a contagious disease with an impaired immune system.” (Id. ¶ 13).

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

LS Amster & Co., Inc. v. McNeil Laboratories, Inc.

504 F. Supp. 617 · District Court, S.D. New York · Dec 30, 1980

These guidelines are clearly related to McNeil’s business purposes: they encourage compliance with the requirements of the advertising allowance program, and a demonstration of past compliance is a reasonable basis for concluding … It is true that FLM does not clearly dictate the appropriate result here. The case does not address the issue of what constitutes “availability” of a plan.

AFA Dispensing Group B v. v. Anheuser-Busch, Inc.

740 F. Supp. 2d 465 · District Court, S.D. New York · Aug 18, 2010

Accordingly, the Court is persuaded that the Notice of Dispute qualifies as sufficient notice-of-suit communication. … It is well established that the standard for an entry of a temporary restraining order is the same as for a preliminary injunction. See Spencer Trask Software & Info. Servs., LLC v.

Weinberg v. Travelers Fire Ins.

12 F.R.D. 80 · District Court, S.D. New York · Nov 13, 1951

The defendant states that the plaintiff, insofar as his interrogatories are directed to persons who did not examine the violin or certify it, is trying to qualify the certificate as one made in the regular course of business … Transcontinental & Western Air, Inc., 2 Cir., 1951, 187 F.2d 122 , certiorari denied 341 U.S. 951 , 71 S.Ct. 1020 , 95 L.Ed. 1374 , clearly points out that the Supreme Court, in the Palmer case, was aiming at the evils of

In Re Keren Ltd. Partnership

225 B.R. 303 · District Court, S.D. New York · Oct 1, 1998

The Bankruptcy Code however, clearly requires court approval of professionals seeking to render service to a bankruptcy estate. … Because C & W had no affirmative duties under the contract, it was not executory and thus cannot qualify as an administrative claim.

Securities & Exchange Commission v. Byers

590 F. Supp. 2d 637 · District Court, S.D. New York · Dec 30, 2008

G & H also sought to preclude Dewey from seeking payment for any time spent seeking “immunity from liability for failure to exercise reasonable care in this matter.” (G & H Notice of Objection at 1-2). … While the results obtained by a receiver clearly are important, the benefits to a receivership estate may take “more subtle forms than a bare increase in monetary value.” Gaskill, 27 F.3d at 253 (quoting SEC v.

Redvanly v. Nynex Corp.

152 F.R.D. 460 · District Court, S.D. New York · Oct 15, 1993

Although clearly work product in connection with the ongoing litigation, the court held that there was need for the statements since “[a] trial under the Federal Rules of Civil Procedure is not a game of surprises, but an … effort to establish the truth on the basis of all the evidence.” 125 F.R.D. at 32.

208 Cinema, Inc. v. Vergari

298 F. Supp. 1175 · District Court, S.D. New York · May 5, 1969

Under this definition, as elaborated in subsequent cases, three elements must coalesce: it must be established that (a) the dominant theme of the material taken as a whole appeals to' a prurient interest in sex, (b) the material … Clearly, motion pictures are within the protection of the First Amendment. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495 , 72 S.Ct. 777 , 96 L.Ed. 1098 (1952).

Stone 1 v. Annucci

District Court, S.D. New York · Sep 28, 2021

Defendants also seek to establish that Annucci and Effman are qualifiedly immune. … Annucci and Effman are accordingly not entitled to qualified immunity at this time. II.

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

Nunes v. NBCUniversal Media, LLC

District Court, S.D. New York · May 8, 2024

“Although the text of the Clause frames the immunity as belonging to ‘Senators and Representatives,’ the Court of Appeals has applied the immunity to individual Members of Congress and congressional committees alike.” … Accordingly, the Court denies NBCU’s motion without prejudice until a full record is established.

Aventis Environmental Science USA LP v. Scotts Co.

383 F. Supp. 2d 488 · District Court, S.D. New York · Jan 13, 2005

There is no provision comparable to the take-or-pay provision that clearly demonstrates that the parties intended to permit Scotts the option to purchase no product. … Rule 702 requires a trial court to make an initial determination as to whether the proposed witness qualifies as an expert.

Cox v. Miller

154 F. Supp. 2d 787 · District Court, S.D. New York · Jul 30, 2001

Our Court of Appeals has subsequently held in the context of an Establishment Clause case that AA is a religion and that imposing attendance at AA meetings upon a criminal defendant violated the Establishment Clause by reason … There is no principled basis for a court to hold that AA is a religion for Establishment Clause purposes, and yet that disclosure of wrongs to a fellow member as ordained by the Twelve Steps does not qualify for purposes

STATE OF NY BY ABRAMS v. General Motors Corp.

547 F. Supp. 703 · District Court, S.D. New York · Sep 21, 1982

It is well established that a state is not a citizen for diversity purposes. Moor v. County of Alameda, 411 U.S. 693, 717 , 93 S.Ct. 1785, 1799 , 36 L.Ed.2d 596 (1973); Ohio v. … Even GM recognizes that the alter ego issue “should clearly be distinguished from the issue in the present case.”

Rackley v. City of New York

186 F. Supp. 2d 466 · District Court, S.D. New York · Feb 26, 2002

established constitutional rights; or (3) violated clearly established constitutional rights while acting in an objectively unreasonable way with respect to their knowledge that such actions were unconstitutional. … As already noted, City Defendants argue that plaintiff fails to meet the legal standard for overcoming the qualified immunity normally afforded to individual government employees acting in their official capacity.

Epstein v. Kemper Insurance Companies

210 F. Supp. 2d 308 · District Court, S.D. New York · Mar 27, 2002

Prima Facie Case To establish a prima facie case, Plaintiffs must show that: (1) they were members of a protected class; (2) they were qualified for their positions; (3) they suffered adverse employment action;, and (4) the … Burdine, 450 U.S. 248, 253 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981) (“The burden of establishing a prima facie case ... is not onerous.”). Plaintiffs have established a prima facie case of discrimination.

United States v. 1,250 Cases of Liquor

286 F. 260 · District Court, S.D. New York · Oct 14, 1922

The qualifying words of paragraph H, § III, relating to "deprivation of lawful duties, are not believed to be an essential element of the offense, since it comprehensively and in broad terms declares it to be an offense to … The ownership of the liquor is not clearly established, though Crossland appears to have sold some of it while aboard the vessel to Schliefer, a druggist.

Schueler v. Rayjas Enterprises, Inc.

847 F. Supp. 1147 · District Court, S.D. New York · Apr 4, 1994

Immunity This section provides for absolute immunity for counsel for the United States and non-attorney debt collection personnel employed by the United States from civil liability for errors, omissions or negligence in their … Consequently, it is necessary to have some procedure clearly established so that it is not necessary for the sovereign to sue itself to accomplish this result. Section 219.

Castro v. Local 1199, National Health & Human Services Employees Union

964 F. Supp. 719 · District Court, S.D. New York · Apr 23, 1997

Plaintiff also established that she was discharged. Plaintiff has not, however, offered any evidence that she was qualified for the job aside from her own testimony. … Plaintiffs claim in this regard is clearly deficient. In the State of New York, in the absence of an agreement establishing a fixed duration, an employment relationship is presumed to be a hiring at will. De Petris v.