Case law

Roane v. Greenwich Swim Committee

330 F. Supp. 2d 306 · District Court, S.D. New York · Jul 9, 2004

I have previously held in this case that in a maritime case for tortious injury, admiralty courts may refer to state law that neither contravenes a clearly established rule of general maritime law nor impairs a principle … The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists for trial, and that the undisputed facts establish the right of the moving party to judgment as a matter of

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.

Kelen v. World Financial Network National Bank

295 F.R.D. 87 · District Court, S.D. New York · Nov 12, 2013

Accordingly, the Court finds that Plaintiff has adequately established numerosity. B. … Id. at 2549 n. 2 ("The numerosity requirement is clearly met ...”). . Though Defendant asserts that the class members are known, there is no evidence in the record indicating their location. .

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.

Mezzella

District Court, S.D. New York · May 26, 2026

But “[i]t is well established that a hospital is not a person [for the purposes of] Section 1983 liability.” Simpara v. NY DA (Dist. Attorney), No. 24-CV-8095, 2025 WL 2410556, at *3 (S.D.N.Y. … No. 3) unless and until Plaintiff files another such consent clearly indicating her consent to electronic service of court documents while she is incarcerated.

Securities & Exchange Commission v. Credit Bancorp, Ltd.

290 F. Supp. 2d 418 · District Court, S.D. New York · Nov 7, 2003

An equity receivership was established on January 21, 2000. … On September 30, 2003, the Receiver moved for approval of an order to implement the plan of partial distribution of the Receivership estate to qualified customers of CBL.

Licata & Co. Inc. v. Goldberg

812 F. Supp. 403 · District Court, S.D. New York · Feb 1, 1993

Licata also avers that customers have told him that Goldberg had indicated in oral conversations with them that Licata could no longer service insurance needs and was not qualified to handle their business. … Even were an oral or written agreement established that Goldberg would not solicit customers he had developed while at Licata, the reasonableness of its enforcement after Goldberg’s departure would have to be established.

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

Erdheim v. Greiner

22 F. Supp. 2d 291 · District Court, S.D. New York · Oct 28, 1998

As the Appellate Division’s implicit ruling on Section 30.30 was a state law matter, its conclusion was immune from habeas review. 14 This case differs from Parrón. … According to the R & R, which the Court adopts in this respect, the evidence adduced at trial established that petitioner forged the statement of indebtedness, not the signature.

Duquin v. Dean

423 F. Supp. 2d 411 · District Court, S.D. New York · Apr 3, 2006

TTY Telephone Access DOCS and Wende policy on inmate access to TTY is clearly established. … Instead, Duquin disputes whether the inmate interpreters provided were qualified within the meaning of the Consent Decree.

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.

Production Resource Group, L.L.C. v. Martin Professional, A/S

907 F. Supp. 2d 401 · District Court, S.D. New York · Sep 27, 2012

However, “[i]n addition to [a] common law right of access, it is well established that the public and the press have a ‘qualified First Amendment right to attend judicial proceedings and to access certain judicial documents … The qualified First Amendment right attaches to judicial opinions such as this one.

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

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.

B.R. v. New York City Department of Education

910 F. Supp. 2d 670 · District Court, S.D. New York · Dec 26, 2012

Janelly Nieves, was not a “highly qualified special education teacher” pursuant to 34 C.F.R. § 300.18 (b)(1). Id. ¶ 36 . … Accordingly, the IHO concluded that “[t]he parents clearly identified their intention to have the student return to the Rebecca School.

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).

Ortiz-Del Valle v. National Basketball Ass'n

42 F. Supp. 2d 334 · District Court, S.D. New York · Mar 31, 1999

during the 300-day limitations period (from July 9, 1994, to May, 1995) 3 was an April 1995 written application, and (2) she did not establish that she was qualified for the position during that 300-day period. 4 However … In sum, plaintiff proffered sufficient evidence to establish a prima facie case during the 300 day period to establish a continuing violation. B.

Nobel Insurance v. Hudson Iron Works, Inc.

51 F. Supp. 2d 408 · District Court, S.D. New York · Apr 21, 1999

“Partial summary judgment is merely a pretrial adjudication that certain issues shall be deemed established for the trial of the case ... … The Co-Surety Agreement contains language which was clearly intended as an "amendment;” thus, the parties thereto clearly knew how to go about reflecting the terms of their understanding "in the writing.” 8 .

United States v. Dioguardi

361 F. Supp. 954 · District Court, S.D. New York · Jul 18, 1973

Similarly, in Eskildson , defendant sought to establish a juror’s mental incompetency through the testimony of a psychiatrist. … Clearly, something more than just a bare statement of incompetency is de *960 manded.

Securities and Exchange Commission v. Rio Tinto PLC

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

Metz’s testimony does not “clearly establish” that Dr. Metz never considered his prior consulting bond work in forming his testimonial opinions. … For these reasons, this Court finds that the SEC has not “clearly established” that Dr. Metz drew “a mental line in the sand” between his expert work in his consulting and testifying capacities, U.S.