Case law

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.”

Dodge v. County of Orange

208 F.R.D. 79 · District Court, S.D. New York · May 29, 2002

I also find counsel to be qualified and experienced to conduct the class action litigation in this case. … Plaintiffs’ attorneys have diligently prosecuted this case, and are clearly qualified to represent the class. As was true in Maneely , the plaintiffs’ fitness to represent the class is more complicated.

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.

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.

Active Glass Corp. v. Architectural & Ornamental Iron Workers Local Union 580

875 F. Supp. 245 · District Court, S.D. New York · Feb 8, 1995

Specifically, Article XXII is not to be interpreted in a way that qualifies or changes the provisions of the CBA that concern jurisdictional disputes. … If, in any other situation, Active believed that it had overpaid Carpenters or Glaziers, such a dispute clearly would be arbitrable.

Henderson v. National Railroad Passenger Corp.

87 F. Supp. 3d 610 · District Court, S.D. New York · Feb 19, 2015

(f) Every roadway worker who is assigned the duties of a watchman/lookout shall first be trained, qualified and designated in writing by the employer to do so in accordance with the provisions of § 214.349. … Under these circumstances, POM Wonderful clearly dictates that the FRSA should not be interpreted to preclude federal claims under the FELA, in accordance with the plain meaning of its text.

Vanguard Municipal Bond Fund, Inc. v. Cantor, Fitzgerald L.P.

40 F. Supp. 2d 183 · District Court, S.D. New York · Mar 22, 1999

The New York Court of Appeals has established a three-part test for determining whether a “near privity” relationship is present. … CC: Jiorle 8/5/97 Aff. ¶ 14) and this information would clearly be obtainable through a review of its own records.

Shakhnes Ex Rel. Shakhnes v. Eggleston

740 F. Supp. 2d 602 · District Court, S.D. New York · Sep 30, 2010

to certain qualified individuals. … Accordingly the operative question is whether some form of ninety-day administrative action requirement qualifies as among the “rights, privileges, or immunities secured by the Constitution and laws” enforceable through §

Torres v. St. Vincent dePaul Residence

District Court, S.D. New York · Apr 3, 2023

To qualify as “acting under” a federal officer, a party must have been involved in “an effort to assist, or to help carry out, the duties or tasks of the federal superior.” Watson v. … For most claims pursuant to that declaration, “the PREP Act establishes a Covered Countermeasure Process Fund to compensate ‘eligible individuals for covered injuries directly caused by the administration or use of a covered

L.C. & Fair Housing Justice Center, Inc. v. LeFrak Organization, Inc.

987 F. Supp. 2d 391 · District Court, S.D. New York · Dec 13, 2013

For both disparate treatment and disparate impact cases, “[p]laintiffs may establish a prima facie case of housing discrimination by showing (1) that they are members of a protected class; (2) that they sought and were qualified … “[T]he Act established two new rules of construction.

Eden Toys, Inc. v. Florelee Undergarment Co., Inc.

526 F. Supp. 1187 · District Court, S.D. New York · Nov 25, 1981

Although the 1975 license was exclusive, it pertained only to a clearly delimited range of products. … To qualify for injunctive relief, a plaintiff need not establish actual deception as long as the misleading description of designation has a tendency to deceive or is likely to cause confusion.

Torres v. Taylor

456 F. Supp. 951 · District Court, S.D. New York · Sep 1, 1978

The injured party had no adequate remedy for damages suffered on account of this unlawful conduct, since the United States Government had not waived its sovereign immunity in cases where its agents committed certain intentional … factor that the Supreme Court has often considered probative in refusing to imply private actions under federal statutes: implication should usually be denied where the private action would bypass an administrative scheme established

VTech Holdings Ltd. v. Lucent Technologies, Inc.

172 F. Supp. 2d 435 · District Court, S.D. New York · Oct 27, 2001

Rather, the Court after a thorough analysis of the entire contract concluded that, in using the term “willful acts,” the parties intended narrowly to exclude from the defendant’s general immunity from liability for consequential … It cannot be said as a matter of law that the plaintiff can prove no set of facts that would establish such a claim.

Cartledge v. Miller

457 F. Supp. 1146 · District Court, S.D. New York · Sep 5, 1978

test is “whether an Act of Congress, clearly creating a federal right or remedy enforceable in a federal court of equity, could be given its intended scope only by the stay of a state court proceeding.” 21 ERISA clearly meets … Thus Congress will not . abridge, without explicitly saying so, the state’s “power to make rules to establish, protect, and strengthen family life.” Labine v.

Askins v. Prestige Management Inc.

District Court, S.D. New York · May 27, 2025

The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … Hous., Inc., No. 10-CV-9505 (ER), 2012 WL 2512964, at *4 (S.D.N.Y June 29, 2012) (“Tt is well established that the provision of low-cost supportive housing 1s not a ‘public function’ within the meaning of section 1983.”

Altman v. New York City Health and Hospitals Corp.

903 F. Supp. 503 · District Court, S.D. New York · Sep 28, 1995

To permit him to function as the Chief of Medicine and be responsible for the final decision as to the treatment of patients would clearly involve substantial risk to the hospital’s patients. … He argues that “it is well established that alcoholics, like Dr. Altman, who are in full compliance with their treatment and recovery program are not impaired individuals.

Southern Industries of Clover, Ltd. v. Rudi Hardick & Atlantic & Pacific Mills, Inc.

21 F. Supp. 2d 406 · District Court, S.D. New York · Oct 26, 1998

Southern’s acceptance of exhibit 13 and reliance thereon as a guaranty signed by Hardick was clearly reasonable and justifiable. … With reference to the signatures on the checks offered in evidence by’ defendant purportedly *409 signed by Hardick and sent to Southern, Kryger testified: "[E]very signature is so different that I would have to qualify as

Michigan Bureau of Workers' Disability Compensation v. Chateaugay Corp. (In Re Chateaugay Corp.)

80 B.R. 279 · District Court, S.D. New York · Dec 9, 1987

Not only was LTV unable to get additional coverage, but Aet-na Casualty and Surety Company cancelled several surety bonds, including its $100,000 bond in Michigan, 2 which had qualified LTV as a self-insurer. … Findings of fact of a bankruptcy judge, according to Bankruptcy Rule 8013, are set aside only if they are clearly erroneous, a standard not satisfied here.

American Home Products Corp. v. Abbott Laboratories

522 F. Supp. 1035 · District Court, S.D. New York · Sep 18, 1981

A product that is able to “stop” pain “immediately” is clearly understood to be one that is capable of ending pain, at least in a relatively short time. … In this connection, it is important that the boxes and tubes contain qualifying language reciting that Tronolane “relieves” pain temporarily.

Burns v. Hines

District Court, S.D. New York · Mar 29, 2023

] the states’ Eleventh Amendment immunity . . . .” … Burns’ assertions are clearly based on conduct that took place years ago.