Case law

McDaniel v. Department of Correction

District Court, S.D. New York · Feb 11, 2022

Qualified Immunity Defendants argue that if claims against Defendant DeLeon survive summary judgment, he is nonetheless entitled to qualified immunity. … Accordingly, the Court need not address the issue of qualified immunity. F.

Commercial Union Insurance v. Johns-Manville Corp. (In Re Johns-Manville Corp.)

31 B.R. 965 · District Court, S.D. New York · Apr 21, 1983

The court then addressed the status of the bank: “Turning to the particular facts of this ease, the Bank is clearly not a debtor. Nor is the Bank a ‘creditor’ of the bankrupt. … While J-M challenges appealability, it is clearly established by recent Second Circuit authority. In re Taddeo, 685 F.2d 24 , 26 n. 4 (2d Cir.1982). 4 .

Corcoran v. GAB Business Services, Inc.

723 F. Supp. 966 · District Court, S.D. New York · Sep 13, 1989

In order to establish a prima facie case, plaintiff must show that he “(1) belongs to a protected group, (2) was qualified for the position, and (3) was discharged or denied employment under circumstances that give rise to … Plaintiff was clearly in a protected class, and if his deposition testimony is to be believed, his job performance could conceivably have met the most minimum “legitimate expectations” of his employer. See Meiri 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.

Maiorino

District Court, S.D. New York · Oct 15, 2025

of America, I am A i DSN Y —_——____ immunization requirements … my right to an exemption from NYC DSNY immunization requirements.”

Johnson v. Harris

479 F. Supp. 333 · District Court, S.D. New York · Oct 9, 1979

liberty care for himself.” 13 The denial of medical care is forbidden because it subjects those who are vulnerable to gratuitous pain and suffering unrelated to any penological purposes. 14 On the other hand, the Court was clearly … The Remedy It has long been established that when district courts uncover constitutional violations, they have “broad discretion to frame equitable remedies so long as the relief granted is commensurate with the scope of

Malkentzos v. DeBuono

923 F. Supp. 505 · District Court, S.D. New York · Apr 15, 1996

Clearly, such an arrangement is expedient for the City. … Gerenser is qualified to provide these services under the State Board of Education guidelines, the students are not. Stip. 19-20. Thus Ms.

John J. Casale, Inc. v. United States

208 F. Supp. 55 · District Court, S.D. New York · Apr 19, 1962

“Under the collective agreement covering the drivers among its employees, the drivers enjoy certain common employment privileges such as collective bargaining, seniority rights, death benefits, immunity from discharge except … Throughout, however, Commission reports have taken note *59 •of various factors which clearly transcend any narrow concept of physical direction of the details of the operation; and it has always •been apparent that the vesting

Weltz v. Lee

199 F.R.D. 129 · District Court, S.D. New York · Mar 7, 2001

Moreover, the PSLRA itself clearly contemplates the appointment of multiple plaintiffs to manage the litigation. … The Weinstein Plaintiffs Group has a significant interest in the outcome of the litigation and its counsel is well-qualified to pursue the litigation.

Sussman Ex Rel. Guilden v. Bank of Israel

801 F. Supp. 1068 · District Court, S.D. New York · Jul 17, 1992

In the alternative, defendants or some of them assert that the complaint should be dismissed on the grounds of the statute of limitations, sovereign immunity, the act of state doctrine, lack of personal jurisdiction, and … I reject plaintiffs’ contention that they cannot get a fair hearing in the courts of Israel, or that the remedy offered by that forum is clearly unsatisfactory for any reason.

Arista Records, LLC v. Tkach

122 F. Supp. 3d 32 · District Court, S.D. New York · Jun 3, 2015

Wright, et al., Federal Practice and Procedure § 2956 at 394 (3d ed.2013) (explaining that Alemite “clearly does not grant immunity to someone who knowingly aids, abets, assists, or acts in concert with a person who has been … There is no real dispute that CloudFlare had knowledge of the TRO at least as of May 14, 2015 and that it subsequently permitted an anonymous user to establish a free account that configured the domain name grooveshark.fi

Louis Vuitton Malletier S.A. v. Sunny Merchandise Corp.

97 F. Supp. 3d 485 · District Court, S.D. New York · Mar 31, 2015

First, Matlins is qualified to testify as a marketing expert. … It is well established that “a flawed universe minimizes the probative value of a survey and may lead-to skewed results.” Malletier v.

Middesk, Inc. v. Osiris Ratings, Inc.

District Court, S.D. New York · Apr 22, 2025

, or any other privilege or immunity. … or immunity, shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any claims of privilege or work product immunity.

Shapiro v. New York City Department of Education

561 F. Supp. 2d 413 · District Court, S.D. New York · Jun 13, 2008

The charge clearly provides some indication that the grievance affects a group of individuals defined broadly enough to include Weingast. … In order to establish a prima facie case of age discrimination under either the ADEA or § 1983, 2 a plaintiff must show that (1) he was a member of the protected class, i.e. an employee over 40 years of age; (2) he was qualified

Chin v. New York City Housing Authority

575 F. Supp. 2d 554 · District Court, S.D. New York · Sep 9, 2008

The Board had final poli-cymaking authority regarding her tenure, and did have notice of her complaints, but its response was not “clearly unreasonable” under the circumstances. Id. at 129 . III. … The commissioner has the power to establish and enforce uniform procedures and standards to be utilized by city agencies in establishing measures, programs and plans to ensure a fair and effective affirmative employment plan

Thai v. Cayre Group, Ltd.

726 F. Supp. 2d 323 · District Court, S.D. New York · Jul 8, 2010

Pataki, 278 F.3d 93, 102 (2d Cir.2002) (“[A]n individual plaintiff must be clearly identifiable to support a claim for defamation.” (citing New York Times Co. v. … ("Mere conclusory allegations, or charges based upon surmise, conjecture, and suspicion are insufficient to defeat the claim of qualified privilege.”) (citation omitted). 104 . FAC ¶ 127. 105 .

Virtue

District Court, S.D. New York · Mar 27, 2026

has abrogated the states’ Eleventh Amendment immunity . . . .” … The pendent claims do not implicate any “clearly articulated federal interest.” See Kolari v. New York-Presbyterian Hosp., 455 F.3d 118, 123 (2d. Cir. 2006).

Bankers Trust Co. v. Higgins

65 F. Supp. 836 · District Court, S.D. New York · Jan 24, 1946

Were this and the stipulation all, the decision by the District Court is clearly indicated. … The cases cited by the defendant are clearly distinguishable from the case at bar, under the doctrine of Colorado National Bank v.

Maurice v. Knowles-Carter

District Court, S.D. New York · Mar 3, 2023

, unless such immunity is waived.”). … To establish the court’s diversity jurisdiction, a plaintiff must first show that he and the defendants are citizens of different States. See 28 U.S.C. § 1332(a)(1); Wis. Dep’t of Corr. v.

Rivera v. United States Citizenship and Immigration Service

District Court, S.D. New York · Aug 12, 2020

City of New York, 424 F.3d 231, 236 (2d Cir. 2005) (“It is by now well-established that a state prosecuting attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution is immune … Even if the lower standard of qualified immunity were to apply, the Court would still dismiss this claim, as Plaintiff has not adequately alleged that any of the challenged statements was untrue.