Case law

Malizia v. United States Department of Justice

519 F. Supp. 338 · District Court, S.D. New York · Jul 6, 1981

Exemption 1 Under Exemption 1, defendants must establish that withhold matters are “(A) specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign … Section 403g qualifies under Exemption 3 as a statute that “specifically exempt[s]” information from disclosure. 45 The size and location of this deletion supports the claimed exemption, and accordingly summary judgment here

City of New York v. Exxon Mobil Corp.

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. … It is surprising that Exxon failed to capitalize on expertise that Stavins clearly does possess — the economics of using MTBE compared to other alternatives.

Kassman v. KPMG LLP

925 F. Supp. 2d 453 · District Court, S.D. New York · Feb 7, 2013

First, if the employer “used a biased testing procedure to evaluate both applicants for employment and incumbent employees, a class action on behalf of every applicant or employee who might have been prejudiced by the test clearly … Oct. 22, 1993) (stating, with respect to a provision of the New York Labor Law in the same Article as the NYSEPA, that “[t]he purpose of this area of the labor law is clearly to protect workers laboring in New York”); cf

United States v. Victor Teicher & Co., LP

726 F. Supp. 1424 · District Court, S.D. New York · Dec 19, 1989

The instant indictment clearly passes muster. Paragraph 15 of the indictment clearly alleges the requisite intent. … That is clearly so.

Novak v. Waterfront Commission of New York Harbor

928 F. Supp. 2d 723 · District Court, S.D. New York · Mar 1, 2013

Under that framework, Novak must first establish a prima facie case of discrimination by showing that she is within a protected class, she was qualified for the position, she was subject to an adverse employment action, and … There are clearly circumstances in which an employee’s failed romantic relationship with a supervisor can lead to an actionable Title VII claim, such as when the employee’s subsequent mistreatment can be tied to the rejected

Taylor v. Childrens Village

District Court, S.D. New York · Apr 21, 2021

Henderson, 257 F.3d 246, 252 (2d Cir. 2001)). 2 An individual meets this third requirement “if the individual establishes that he or she has been subjected to an action prohibited under this … Even if Plaintiff’s anemia could qualify as a disability under the ADA, her claim that her employer failed to accommodate her anemia would fail for other reasons.

Vasquez v. United States

877 F. Supp. 174 · District Court, S.D. New York · Feb 28, 1995

Soto, 959 F.2d 1181, 1187 (2d Cir.1992) (level of participation reviewed on clearly erroneous basis). … At sentencing, the Court determined that Vasquez did not qualify as a minimal participant and articulated its reasons for reaching that conclusion. Transcript of Sentencing at 5-10.

Dodona I, LLC v. Goldman, Sachs & Co.

296 F.R.D. 261 · District Court, S.D. New York · Jan 23, 2014

The claims of the Proposed Class clearly arise from a common course of conduct by Defendants. … Therefore, counsel for Dodona is qualified, experienced and able for the purposes of Rule 23(a)(4).

Syntex Laboratories, Inc. v. Norwich Pharmacal Co.

315 F. Supp. 45 · District Court, S.D. New York · Jun 30, 1970

Bacterial and atrophic vaginitis, though differently named, are so similar in symptoms that an internal examination by a qualified physician is necessary to discriminate between them. … Nevertheless we cannot assume that they are immune from error, or gifted with endless powers of discrimination between medically related and almost identically named products.

Collette v. St. Luke's Roosevelt Hospital

132 F. Supp. 2d 256 · District Court, S.D. New York · Feb 26, 2001

There, the Sixth Circuit found no constitutional bar to a statutory scheme whereby Ohio waived its sovereign immunity and provided a direct state court action for damages against the state, but only for plaintiffs who waive … The discrimination claims are clearly factually distinguishable from anything supporting plaintiffs whistleblower complaint, and might well survive even on a broader interpretation of Subsection 7.

Harriram v. Fera

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

First, her § 1981 claims against CUNY and Defendant Fera in his official capacity were barred by sovereign immunity. Id. at *7. … In particular, Harriram fails to establish a sufficient basis for imputing Fera’s alleged conduct to her employer. Ferris, 277 F.3d at 136.

Tanjutco v. NYLife Securities LLC

District Court, S.D. New York · Sep 10, 2024

(Dkt. 37) in which it principally argues that it is immune from suit under the doctrine of sovereign immunity. … There is no diversity jurisdiction, they argue, because even though petitioner "fails to clearly allege her own citizenship," she acknowledged in her original Petition (and in her in forma pauperis application, see Dkt.

Sanfilippo v. Provident Life & Casualty Insurance

178 F. Supp. 2d 450 · District Court, S.D. New York · Jan 4, 2002

This is an Employee Retirement Income Security Act of 1974 (ERISA) qualified plan under which you have certain rights including the right to appeal. … Plaintiffs claim for *457 benefits thus clearly involves an ERISA governed employee benefit plan.

Sheehan v. Metropolitan Life Insurance

450 F. Supp. 2d 321 · District Court, S.D. New York · Sep 12, 2006

However, among these several considerations, the requirement that a party prevail to some discernible and material degree is clearly primus inter pares. … It is equally clear that a party plaintiff need not recover all the relief he seeks in order to qualify as a prevailing-party for purposes of a fee-shifting statute.

Meckenberg v. New York City Off-Track Betting

42 F. Supp. 2d 359 · District Court, S.D. New York · Apr 13, 1999

Such statements on their own are insufficient to establish that plaintiff was qualified for the position she sought, and accordingly, the court finds that she has failed to meet an essential prong of her prima facie case. … (holding vague and conelusory statements insufficient to establish requirement that plaintiff demonstrate that she was qualified for the position).

Credit One Financial v. Anderson (In re Anderson)

553 B.R. 221 · District Court, S.D. New York · Jun 14, 2016

Proceedings arising under the Bankruptcy Code are those that clearly invoke substantive rights created by federal bankruptcy law. … The FAA establishes a "federal policy favoring arbitration agreements,” Moses H. Cone Mem’l Hosp. v. Mercury Constr.

Theatre Row Phase II Associates v. H & I Inc.

443 B.R. 592 · District Court, S.D. New York · Jan 21, 2011

Contrary to Theatre Row’s assertions, a § 5225(b) special proceeding is not as a matter of law immune from these preclusion doctrines when previously unas-serted veil piercing or agency issues are raised in another action … Theatre Row's litigation against NRS regarding the defaulted rent established NRS as the debtor.

In re Imax Securities Litigation

283 F.R.D. 178 · District Court, S.D. New York · Jun 20, 2012

Predominance of Common Questions “Class-wide issues predominate if resolution of some of the legal or factual questions that qualify each class member’s case as a genuine controversy can be achieved through generalized proof … The notice must clearly and concisely state in plain, easily understood language: (i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member

Mays v. Doe

District Court, S.D. New York · Dec 5, 2019

Mrzyglod, No. 14-CV-10290, 5 State Defendants also argue that they are entitled to qualified immunity. (State Defs.’ Mem. 9–10.) … Accordingly, the Court declines to consider at this time whether State Defendants are protected by qualified immunity.

O'BRIEN v. Grumman Corp.

475 F. Supp. 284 · District Court, S.D. New York · Jul 3, 1979

Georgia certainly has no interest in seeing its former policy, which now has been clearly rejected, applied to this action. … Comment b to section 184 of the Restatement (Second) of Conflict of Laws provides in part: “[A] defendant will be accorded immunity from tort or wrongful death liability if he is given such immunity by the workmen’s compensation