Case law

Oluyomi v. Napolitano

811 F. Supp. 2d 926 · District Court, S.D. New York · Sep 19, 2011

In his deposition, Oluyomi stated that all of these individuals were either “qualified” or “generally” qualified for the positions for which they were selected. See Def. 56. 1 Stat. 9171 ¶ 66; Pl. … He did not qualify for a GS-14 certificate. See Def. 56. 1 Stat. 9171 ¶ 75; *935 Pl. Opp. at 13 ¶ 75; Clark Decl. ¶ 10.

United States Fidelity & Guaranty Co. v. Ashley Reed Trading, Inc.

43 F. Supp. 3d 271 · District Court, S.D. New York · Aug 20, 2014

“[T]his use qualifies as advertising” {id.), and a “consumer product whose design incorporates its maker’s trademark ... is an advertisement for itself.” {Id. at 9.) Defendants miss the mark. … (i) and (ii), above), Defendant Ressler cannot establish that USF & G acted in bad faith by refusing to settle that dispute. Zurich Ins. Co. v.

Marks v. National Communications Ass'n, Inc.

72 F. Supp. 2d 322 · District Court, S.D. New York · Oct 26, 1999

A plaintiff may establish a prima facie case of gender discrimination by showing (1) that the plaintiff is a member of a protected class, (2) that the plaintiff applied for and was qualified for a job for which the employer … Marks’s allegation that she was discharged against her will is clearly belied by this transcript.

Sirignano v. Chicago Insurance

192 F. Supp. 2d 199 · District Court, S.D. New York · Mar 26, 2002

That does not qualify as undue delay. There is also no basis upon which to find that CIC waived its right to deny coverage, as plaintiff suggests. … “Negligence or oversight is not enough to establish waiver,” Metropolitan Life Ins. Co. v.

Barrett v. Secretary of the Department of Health, Education & Welfare

581 F. Supp. 484 · District Court, S.D. New York · Feb 28, 1984

Califano, 615 F.2d 23, 27 (2d Cir.1979), “it has been established both in this Circuit and elsewhere, that subjective pain may serve as the basis for establishing disability, even if such pain is unaccompanied by positive … Plaintiff’s testimony, if believed, clearly establishes a debilitating back injury which prevents him from pursuing any regular gainful activity.

Ogden Corp. v. Travelers Indemnity Co.

740 F. Supp. 963 · District Court, S.D. New York · Jun 5, 1990

Where the relevant terms of a contract are unambiguous, the intent of the parties is established from those terms alone, and resort to extrinsic evidence is unnecessary. See Rothenberg v. … Travelers argues that, since the duty to indemnify is narrower than the duty to defend, where there is no duty to defend, summary judgment is appropriate with respect to both defense and immunity. In Travelers Ins.

Westchester Disabled on the Move, Inc. v. County of Westchester

346 F. Supp. 2d 473 · District Court, S.D. New York · Oct 22, 2004

In particular, it requires that otherwise qualified handicapped individuals be provided with “meaningful access” to the program or services sought. See Henrietta D. v. … Therefore, Plaintiffs cannot establish a likelihood of success on the merits, and Plaintiffs’ motion for a preliminary injunction is DENIED.

Landscape Forms, Inc. v. Columbia Cascade Co.

940 F. Supp. 663 · District Court, S.D. New York · Oct 16, 1996

As the Second Circuit stated, in rejecting a district court’s view that establishing usefulness was sufficient to establish an aesthetic functionality defense: In Stormy Clime [v. … In any event, the record in this case clearly supports the conclusion that the Petoskey line was designed to have a cohesive, unique and harmonious appeal that would cause the market to identify its trade dress with Landscape

Dollah

District Court, S.D. New York · Apr 10, 2026

Brown, 22 F.3d 516, 520 (2d Cir. 1994) (“[T]he APA does not waive sovereign immunity for money damages claims.”). … Here, Congress has established that the Secretary of the Navy “may accept original enlistments . . . of qualified, effective, and able-bodied persons who are not...

In re Sumar

123 F.R.D. 467 · District Court, S.D. New York · Dec 30, 1988

Petitioner is seeking evidence, which is clearly both relevant and essential to the proceeding in Argentina, by the proper legal procedures. … Alfaro is duly qualified and licensed to practice law in Argentina.

Wang v. Palmisano

51 F. Supp. 3d 521 · District Court, S.D. New York · Sep 30, 2014

Feb. 19, 2014) (noting that New York law “establishes a six-year limitations period” for wage claims). … But “[t]o qualify for equitable tolling” on an FLSA claim, Plaintiff “must establish that extraordinary circumstances prevented [hi m] from filing [his] claim on time, and that [he] acted with reasonable diligence throughout

Singleton v. Cory

465 F. Supp. 14 · District Court, S.D. New York · Oct 27, 1978

It was noted that, in order to be elected an officer, the person must qualify under Article XI of the Constitution. Another portion of the minutes is entitled “Nomination Provisions.” … Duties and procedures for nomination of officers were established at the conference.

Martinez-Done v. McConnell

56 F. Supp. 3d 535 · District Court, S.D. New York · Oct 8, 2014

In everyday English, “when” clearly “connote[s] immediacy.” 66 The best that can be said for the duty-triggering construction is that the word “when” is ambiguous. *546 In Hosh v. … See id. at 523 , 123 S.Ct. 1708 ("It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”) (citing Reno v.

Pazhani v. Infosys Americas

District Court, S.D. New York · Sep 3, 2020

under the doctrine of sovereign immunity. … Ihave established a PACER account; 3.

In re September 11 Litigation

262 F.R.D. 274 · District Court, S.D. New York · Jul 30, 2009

The crucial requirement, good cause, exists “when a party shows that disclosure will result in a clearly defined, specific and serious injury.” … However, such a record will be established at a public trial of those claims, if there is a trial, and if such information is relevant.

Lawtone-Bowles v. The City of New York (NYC)

District Court, S.D. New York · Jul 12, 2021

Court must dismiss an in forma pauperis 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 … It is unclear whether, on appeal, be able to establish her eligibility for the parking permit program.

Harris Trust & Savings Bank v. John Hancock Mutual Life Insurance

722 F. Supp. 998 · District Court, S.D. New York · Sep 26, 1989

The saving clause then qualifies ERISA’s preemptive effect. … The trust just as clearly relates to an employee benefit plan, however, and it clearly comes under ERISA’s purview as well.

Osberg v. Foot Locker, Inc.

138 F. Supp. 3d 517 · District Court, S.D. New York · Oct 5, 2015

He was clearly annoyed at having to be present' at the trial and was short tempered and’ resistant. … —“and helped to establish that the plaintiffs did not know the truth about their retirement benefits.”

Asphalt International, Inc. v. Enterprise Shipping Corp.

514 F. Supp. 1111 · District Court, S.D. New York · May 26, 1981

The document clearly indicates that, at one extreme, small defects should be repaired, and, at the other extreme, that if the ship is “lost,” hire ceases; but the charter party leaves the parties’ responsibilities undefined … Accordingly, we find that defendant has established a defense of commercial impracticability.

Matter of Robertson Class

479 F. Supp. 657 · District Court, S.D. New York · Sep 19, 1979

Paragraph 8(c)(ll) provides that the court shall accept the Special Master’s findings unless clearly erroneous and his recommendations for relief “unless based on clearly erroneous findings of fact, incorrect application … The dominant center theory clearly influenced the Commissioner’s decision here.