Case law

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.

Greene-Wotton v. Fiduciary Trust Co. International

324 F. Supp. 2d 385 · District Court, S.D. New York · May 16, 2003

New York workers’ compensation law immunizes the employer from litigation, thus compelling the dismissal of this action against a New York employer such as Franklin Temple-ton. … Wooten to stay after the attack on Tower One clearly do not qualify as “extreme and outrageous conduct.”

Jackson v. Annucci

District Court, S.D. New York · Jun 23, 2021

Supp. 3d at 631 (“Venettozzi is entitled to qualified immunity for his affirmance of [p]laintiff’s Tier III Hearing disposition.”); see also McGriff, No. 17-CV-7307, 2019 WL 6033421, at *9 (S.D.N.Y. … Nov. 13, 2019) (same); Lebron, 2017 WL 365493, at *9 (finding that “qualified immunity attaches” because “not every reasonable official would understand that” “failure to correct a procedural due process violation on

Hobes v. Rodriguez

District Court, S.D. New York · Aug 11, 2025

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity when … 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.

Inficon, Inc. v. Verionix, Inc.

182 F. Supp. 3d 32 · District Court, S.D. New York · Apr 19, 2016

Apr. 20, 1983) (holding pure speculation or guesswork as to damages will not qualify as a reasonable *37 estimate of the damages incurred). Bloor, 601 F.2d 609 . … Those erroneous projections do not establish the reasonable estimate required in the new business context.

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.

Paschall v. Mayone

454 F. Supp. 1289 · District Court, S.D. New York · Jul 18, 1978

If this three year limitations period were applicable, plaintiff’s claims would clearly be timely. … As the conference report itself explained: “Unless immunized by statute, an employee of a public corporation is liable for his own tort.

United States v. Mota

155 F. Supp. 3d 461 · District Court, S.D. New York · Jan 8, 2016

This inquiry “is not as forgiving as the one employed in the distinct context of deciding *474 whether an officer is entitled to qualified immunity for a constitutional or statutory violation.” … The phrase “each of which” clearly signifies that each one of the two requisite brake lights on each side must display a red or amber light.

Johnstone v. Kelly

633 F. Supp. 1245 · District Court, S.D. New York · Apr 29, 1986

When petitioner persisted, the court conceded that he was competent (Tr. 25), but ruled that because of his age, education and vocational and legal inexperience, he was not qualified to conduct his own defense. … The conduct of the trial was in all respects fair and petitioner’s guilt was established clearly, beyond a reasonable doubt.

Johnson Controls, Inc. v. A.P.T. Critical Systems, Inc.

323 F. Supp. 2d 525 · District Court, S.D. New York · Jun 24, 2004

Clearly, Moon is a well-regarded expert in the critical systems field, especially with regard to the maintenance and testing of UPS systems. … Furthermore, “even where the information would not otherwise qualify as a trade secret, the unauthorized physical taking and exploitation of internal company documents, including detailed customer information by an employee

Sagaria v. Jail

District Court, S.D. New York · Sep 24, 2021

Hynes, Nos. 04-CV-574, 04-CV-2907, 2004 WL 6 Plaintiff briefs only the issue of qualified immunity, which is not relevant to the issue of quasi-judicial immunity. As such, the Court does not address it. … Simply put, such miscommunications do not qualify as constitutional fouls. See Blackburn v. Wash. Dep’t of Soc. & Health Servs., No. 11-CV-5385, 2011 WL 3563741, at *2 (W.D. Wash.

CMS Volkswagen Holdings, LLC v. Volkswagen Group of America, Inc.

25 F. Supp. 3d 432 · District Court, S.D. New York · Jun 6, 2014

The statute clearly states that any price discounts that are made available to dealers through incentive programs must be “proportionately equal” and it is difficult to imagine how a franchisor would be expected to apply … considerable period, during which the sales requirement consistently was treated as a goal, and where there is evidence that termination was motivated by other reasons, the dealers failure to satisfy MSR does not by itself establish

Hanniford v. City of Poughkeepsie

District Court, S.D. New York · Jan 22, 2024

HALPERN United States District Judge “ Defendants argue they are entitled to qualified immunity only as to the false arrest and malicious prosecution claims. (Def. … Given the conclusions reached herein dismissing the false arrest and malicious prosecution claims with prejudice, the Court need not reach the issue of qualified immunity. 10

United States Ex Rel. Taylor v. Gabelli

345 F. Supp. 2d 340 · District Court, S.D. New York · Sep 14, 2004

First, potential bidders must file a “short-form” application (Form 175), certifying, inter alia, eligibility for federal bidding credits and status as a qualified designated entity. 16 Second, following the close of each … See, e.g., Implementation of Section 309(j) of the Communications Act — Competitive Bidding, Fifth Report and Order, 9 F.C.C.R. 5532, 5537 (1994) ("The record clearly demonstrates that the primary impediment to participation

Chenkin v. 808 Columbus LLC

570 F. Supp. 2d 510 · District Court, S.D. New York · Aug 5, 2008

Congress clearly did not intend to remedy congestion in a successfully revitalized neighborhood some fifty years in the future. … Jurisdiction under § 1331 exists over causes of action arising from contracts to which the federal government is a party, when sovereign immunity has been waived. Up State Fed.

Azuike v. BNY Mellon

962 F. Supp. 2d 591 · District Court, S.D. New York · Jul 30, 2013

. ¶¶ 16-18, passed over for a promotion that many allegedly less-qualified colleagues received, see id. ¶¶ 21-24, and subjected to a hostile work environment, see id. ¶¶ 42-44. … First, *600 at the time he filed his bankruptcy petition, plaintiff clearly had knowledge of his EEOC claim, as he had filed it only six- and-one-half months earlier.

Brooklyn Center for Independence of the Disabled v. Bloomberg

287 F.R.D. 240 · District Court, S.D. New York · Nov 7, 2012

Significantly, although it is plaintiffs’ burden to establish such injury, see Roxbury Taxpayers Alliance v. Delaware Cnty. … Mem. at 13), a number clearly rendering joinder impracticable.

Norvel Ltd. v. Ulstein Propeller As

161 F. Supp. 2d 190 · District Court, S.D. New York · Mar 30, 2001

benefit, but that limited intermediary activities which amounted to series of telephone activities and single meeting in Florida did not qualify as course of activity). … Thus, plaintiffs’ causes of action clearly arose prior to the time that Ulstein Propeller “ha[d] an office” in Florida.

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

Plumbers & Pipefitters Local Union No. 630 Pension-Annuity Trust Fund v. Arbitron, Inc.

278 F.R.D. 335 · District Court, S.D. New York · Nov 14, 2011

The answer to that question is clearly yes, as a review of the SAC demonstrates. … In light of these details, Rule 26(b)(1) clearly requires that the names of the 11 CIs be produced (unless they are held to be privileged).