Case law

North American Foreign Trading Corp. v. Zale Corp.

83 F.R.D. 293 · District Court, S.D. New York · Apr 6, 1979

Unfortunately, considerable effort and energy are often required to establish to the satisfaction of the trier of fact that a matter is clearly lacking in substance. … That case is clearly distinguishable from this one, since here the client had all the facts regarding the purported conflict.

LTTR Home Care, LLC v. The City of Mount Vernon Industrial Development Agency

District Court, S.D. New York · Sep 10, 2019

Qualified Immunity Defendants argue that even if Plaintiffs have stated a First Amendment retaliation claim they are entitled to qualified immunity. (Defs.’ Mem. 24–25.) … In light of the absence of argument on this narrow point, the fact-intensive nature of the qualified immunity analysis, and the fact that “it [is] clearly established law that retaliation for protected speech violates the

Thomas v. City of New York

District Court, S.D. New York · Nov 16, 2020

City of New York assessed that the search at issue may have been unreasonable, and that the defendant-officers were not evidently entitled to qualified immunity, because the plaintiff in Brown was detained in the nude for … Defendants do not attempt to assert qualified immunity with respect to any body cavity search that may have happened.

LaBeach v. Nestle Co., Inc.

658 F. Supp. 676 · District Court, S.D. New York · Apr 20, 1987

At this juncture, however, the question before the Court is not whether plaintiff has provided enough evidence to establish his Title VII claim. … However, the Second Circuit has stated clearly that “the mere possibility that the decision might be reversed [is] not enough to label it advisory or ineffective for time bar purposes.”

Butler v. New York Health & Racquet Club

768 F. Supp. 2d 516 · District Court, S.D. New York · Jan 26, 2011

The Defendants further concede that she was “qualified to be a yoga instructor.” (Defs.’ Mem. at 18). … Butler’s initial charge of discrimination clearly states that she wished to have her “charge filed with both the EEOC and the State or local [a]gency.” (See Compl. Attach.).

Dixon v. Goord

224 F. Supp. 2d 739 · District Court, S.D. New York · Oct 23, 2002

It is clearly settled that “[i]n order to establish a violation of his Eighth Amendment rights, an inmate must show (1) a deprivation that ‘is objectively, sufficiently serious’ that he was denied ‘the minimal civilized measure … Coughlin, 893 F.2d 475, 477-478 (2d Cir.1990) (defendant who failed to call requested officer because he was away from the' prison that day was held not to be personally liable on qualified immunity grounds, but in the future

Avila-Blum v. Casa De Cambio Delgado, Inc.

519 F. Supp. 2d 423 · District Court, S.D. New York · Oct 16, 2007

Interference There is clearly a disputed issue of material fact as to whether Defendants interfered with Avila-Blum’s exercise of her rights under the FMLA. … To establish a prima facie case for retaliation, a plaintiff must show that (1) she exercised rights protected under the FMLA; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4)

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.

Seippel v. Sidley, Austin, Brown & Wood, LLP

399 F. Supp. 2d 283 · District Court, S.D. New York · Jun 16, 2005

A corporation can only act through its employees and agents ... and an allegation that a particular agent may have doctored or conveyed the report will not immunize the principals from liability for a knowing deception.” … The court held that there was an issue of fact as to whether the plaintiff “sufficiently participated in [her husband’s] stock purchase so as to qualify as a purchaser.” 70 Here, as in Medline, there are questions of fact

Wheeler v. Couret

182 F. Supp. 2d 330 · District Court, S.D. New York · Oct 15, 2001

The undisputed Cohen testimony clearly establishes that Wheeler and Culbert were “in the same employ” under New York law. … Having failed to establish any such contractual commitment by Wheeler, Couret is not entitled to that defense. One further complexity of New York law requires elaboration.

Cary Oil Co., Inc. v. MG Refining and Marketing

90 F. Supp. 2d 401 · District Court, S.D. New York · Mar 30, 2000

Removal of the hedges fails to qualify as an anticipatory repudiation for a second reason as well. … This clearly meets the standard for anticipatory repudiation.

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.

Karuppasamy v. United States Citizenship and Immigration Services

District Court, S.D. New York · Aug 13, 2021

App’x. 5, 6 (2d Cir. 2011) (pro se plaintiffs must plead sufficient facts to establish a plausible claim to relief and establish subject matter jurisdiction). … Walker, 198 F.3d 372, 374 (2d Cir. 1999) (“It is well established that in any suit in which the United States is a defendant, a waiver of sovereign immunity with respect to the claim is a prerequisite to subject matter

United States v. American Society of Anesthesiologists, Inc.

473 F. Supp. 147 · District Court, S.D. New York · Jun 21, 1979

Of course, the substantial effect must still be established. … Considering this market, the relative value guides are clearly not price fixing mechanisms.

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

Dougall v. Sugarman

339 F. Supp. 906 · District Court, S.D. New York · Nov 9, 1971

Furthermore, Section 53 is clearly violative of 42 U.S. C. § 1981 (1970) in that it denies aliens the equal benefits of the laws of New York as are enjoyed by white citizens. … Furthermore, Section 53, subd. 2 specifically allows the state to temporarily waive the citizenship requirements during a shortage of qualified citizens.

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 .

Liberty Media Corp. v. Vivendi Universal, S.A.

874 F. Supp. 2d 169 · District Court, S.D. New York · Apr 2, 2012

of expert testimony: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill … at 40 ("Vivendi also failed to disclose, or fully communicate, several important circumstances involving Cegetel, Maroc and Elektrim .... ”); id. at 42 ("[T]he precarious nature of Vivendi’s liquidity portion [sic] was clearly

Best Payphones, Inc. v. Manhattan Telecommunications Corp.

432 B.R. 46 · District Court, S.D. New York · Jun 15, 2010

N.Y.S.2d 518 (3d Dep’t 2005) (holding that repudiation is a “factual determination [that] is heavily dependant upon a determination of whether ‘a breaching party’s words or deeds are unequivocal’ ”); Arthur Rosett, Partial, Qualified … Supreme Court stated long ago, a “ ‘mere assertion that the party will be unable or will refuse to perform his contract is not sufficient [to establish repudiation]’.

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.