Case law

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.

Bazak International Corp. v. Tarrant Apparel Group

378 F. Supp. 2d 377 · District Court, S.D. New York · Jul 18, 2005

Although e-mails are intangible messages during their transmission, this fact alone does not prove fatal to their qualifying as writings under the UCC. … Indeed, to recover damages, Bazak must still establish the essential elements of an underlying agreement.

Gu v. The City of New York

District Court, S.D. New York · Jul 9, 2024

To have a property interest in a benefit, a person clearly must have “more than an abstract need or desire” or “unilateral expectation,” and must instead “have a legitimate claim of entitlement to it.” … An equal protection claim based on selective enforcement requires a plaintiff to establish that “(1) the person, compared with others similarly situated, was selectively treated, and (2) the selective treatment was motivated

Sykes v. Mel Harris and Associates, LLC

757 F. Supp. 2d 413 · District Court, S.D. New York · Dec 29, 2010

Alternatively, the Leucadia defendants maintain that they are immune from liability for exercising their First Amendment right to petition based upon the Noer-Pennington doctrine, which “immunizes from liability a party’s … Despite the Leucadia defendants’ claim that plaintiffs did not indicate that the information necessary to plead fraud was within their control, the Complaint clearly indicates that facts are peculiarly in the control of the

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

Tapia v. Huaquechula Restaurant Corp.

District Court, S.D. New York · Nov 5, 2020

“Tax returns qualify as protected matter[.]” Ellis, 243 F.R.D. at PKA Law 111. … “[C]ourts within the Second Circuit have found personal financial information to be presumptively confidential or cloaked with a qualified immunity.” Trudeau v.

Waldman v. Electrospace Corp.

443 F. Supp. 40 · District Court, S.D. New York · May 2, 1977

It also found their counsel to be amply qualified to pursue a recovery on behalf of a class. But contrary to the assumption evidenced in the affidavit of I. … Defendants argue that each class member will have to show that he himself relied upon material misrepresentations or omissions by the defendants in order to establish a cause of action and damages under the securities law

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.

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.

Pazer v. New York State Board of Law Examiners

849 F. Supp. 284 · District Court, S.D. New York · Apr 26, 1994

DISCUSSION The standards for obtaining a preliminary injunction are well established in this Circuit. … Vellutino, an acknowledged expert on dyslexia, upon whose opinion the Board was clearly entitled to rely, see School Board of Nassau Co., Fla. v.

Cancer Research Institute, Inc. v. Cancer Research Society, Inc.

694 F. Supp. 1051 · District Court, S.D. New York · Apr 19, 1988

Its goal is to promote research in alternative methods of cancer treatment, primarily through the body’s immune system. As plaintiff grew, its solicitation and funding activities became national in scope. … This is clearly not so in the case of the telephone listings. In any event, cancer is of great concern to everyone.

Association of International Automobile Manufacturers, Inc. v. Abrams

867 F. Supp. 248 · District Court, S.D. New York · Nov 14, 1994

define two essential components of what they refer to as the statute’s “damage resistance criteria” — “common repair materials” and “safety systems” — with the result that “persons ‘of common intelligence,’ and indeed even qualified … The Act clearly treats types of federal regulation other than preemptive “standards.” Title II of the Act, entitled, "Automobile Consumer Information Study,” 15 U.S.C. §§ 1941-9 , addresses information disclosure rules.

Memnon v. CLIFFORD CHANCE US, LLP

667 F. Supp. 2d 334 · District Court, S.D. New York · Oct 27, 2009

On a discrimination claim, a plaintiff establishes her prima fa-cie claim by showing that she (1) is a *341 member of a protected class; (2) is qualified for her position; (3) has suffered an adverse employment action; and … Additionally, even if she could establish that post-employment actions could qualify as adverse employment actions under the applicable statutes, Memnon’s claim nonetheless would fail on the fourth prong of the prima facie

Port Chester Nursing Home v. Axelrod

732 F. Supp. 440 · District Court, S.D. New York · Mar 13, 1990

. § 1983 is of no help as § 1983 does not represent an exception to a state’s Eleventh Amendment immunity. Quern v. Jordan, 440 U.S. 332 , 99 S.Ct. 1139 , 59 L.Ed.2d 358 (1979). … State regulations administering medicaid are clearly state law.

Miller v. New York City Department of Education

71 F. Supp. 3d 376 · District Court, S.D. New York · Dec 2, 2014

However, as discussed above, the waiver is a general release that clearly and unambiguously bars Miller’s related claims. … “[A] party asserting a deprivation of substantive due process must first establish a valid property interest within the meaning of the Constitution....

Wingate v. Harris

501 F. Supp. 58 · District Court, S.D. New York · Sep 9, 1980

Background The Medicaid program, established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. … “It has long been settled that the United States, as sovereign, cannot be sued without its consent, and that such a waiver of immunity can only be made by-the Congress....

Rasoulzadeh v. Associated Press

574 F. Supp. 854 · District Court, S.D. New York · Oct 31, 1983

Defendants pleaded sovereign immunity, lack of jurisdiction, and the act of state doctrine. … , whereas the Hunt plaintiffs could not succeed “without proving that the defendants’ conspiracy caused the Libyan government to confiscate their property,” the Justice Department “need not demonstrate private injury to establish

Ntsebeza v. Daimler AG

617 F. Supp. 2d 228 · District Court, S.D. New York · Apr 8, 2009

Dow Chemical Co., 517 F.3d 104, 120 (2d Cir.2008) (noting plaintiffs’ concession that it was not clearly established that defendants' conduct during the Vietnam War *249 violated norms of customary international law established … See Khulumani, 504 F.3d at 270-76 (Katzmann, J., concurring) (establishing the importance of these sources). .

Prime Mover Capital Partners L.P. v. Elixir Gaming Technologies, Inc.

898 F. Supp. 2d 673 · District Court, S.D. New York · Sep 27, 2012

"Participation Agreement" was defined as "a written lease agreement between [EGT] and a Qualified Lessee, pursuant to which EGT leases an EGM to the Qualified Lessee, for a minimum period of three years, and the Qualified … Aug.3, 2010) (applying forum law where "[pllaintiff's allegations ... do not clearly establish the "center of gravity” of the parties' contract”), and Bravado Intern. Grp. Merchandising Servs., Inc. v.

Barge Poling Bros. No. 23, Inc. v. Namset

429 F. Supp. 1315 · District Court, S.D. New York · Apr 5, 1977

The tug captain clearly could have utilized this route, since he was planning to pass Roosevelt Island in the westerly channel anyway. … This choice of route clearly contributed significantly to the collision.