Case law

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)

Greater Chautauqua Federal Credit Union v. Quattrone

District Court, S.D. New York · Apr 28, 2022

or that immunity has been waived by the state. … The Court concludes that Plaintiffs have clearly established irreparable harm. An alleged violation of a Constitutional right can “trigger[] a finding of irreparable harm.” Jolly v.

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

Meola v. Ribicoff

207 F. Supp. 658 · District Court, S.D. New York · Aug 9, 1962

The application for the establishment of a period of disability was initially approved by the Bureau of Old Age and Survivor’s Insurance on July 31, 1957, and established a period of disability commencing on August 10, 1949 … The Notice of Hearing sent to plaintiff states: “It is not required, but you may, if you desire, be represented at the liearing by a lawyer or qualified non-lawyer.” Record, p. 25. 13 . Record, p. 34.

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]’.

United States v. Hayes

99 F. Supp. 3d 409 · District Court, S.D. New York · Mar 20, 2015

In In re Hijazi, a case with remarkably similar relevant facts, the court found “adverse consequences” sufficient to establish mutuality. … According to Kim , this reference to foreign commerce established that Congress intended “to reach fraud schemes furthered by foreign wires.” Id.

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.

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.

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

Walsh v. Local Board No. 10, Mount Vernon, New York

305 F. Supp. 1274 · District Court, S.D. New York · Oct 22, 1969

establishes immediate and irreparable harm if the preliminary injunction is not granted, since he will be inducted forthwith into the United States armed forces, rendering futile his petition for declaratory judgment and … Petitioner has clearly demonstrated that defendant’s denial of his request for a reopening of his classification and for a I-S(C) classification was “blatantly lawless.”

Great American Insurance v. USF Holland Inc.

937 F. Supp. 2d 376 · District Court, S.D. New York · Mar 27, 2013

Defendant seeks to qualify him as an expert with respect to common practice in motor carrier contracting. {See Def.’s Mem. of L. in Opp. to Mot. In Limine to Strike Expert Rept. at 2-3, ECF No. 58.) … The record evidence does not clearly show whether Holland could have inspected them independently. Thus, the clean bill of lading does not automatically satisfy the first element *385 of the prima facie case.

United States v. Curtiss Aeroplane Co.

50 F. Supp. 477 · District Court, S.D. New York · May 27, 1943

Consequently, it cannot be doubted that if at that time the claims were barred by the lapse of time, the United States took the claims subject to that infirmity, and that the immunity of the sovereign to the plea of the statute … But when consideration is given to the circumstance that much of the correspondence is written with telegraphic brevity, much of it in the Russian language, some of it by persons whose authority is not clearly established

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.

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.”

TradeCard, Inc. v. S1 CORP.

509 F. Supp. 2d 304 · District Court, S.D. New York · Sep 6, 2007

Additional evidence is required to corroborate that a use qualifies a prior art. … My instructions regarding invalidity clearly stated that it was Defendants’ burden to establish, clearly and convincingly, the invalidity of the '588 Patent.

Tripathy v. McClowski

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

This case involves complex legal and factual issues, including complex specific legal issues, large numbers of Defendants and witness testimony, with large documents, constitutional claims, qualified … immunity. 3.

In Re Fosamax Products Liability Litigation

647 F. Supp. 2d 265 · District Court, S.D. New York · Aug 5, 2009

Other courts find that treating physicians' testimony invariably draws upon their specialized knowledge, requiring that they be qualified as experts. See Lamere v. N.Y. … Mills is clearly qualified to offer expert opinions of this kind based on his forty years of experience as a board-certified physician and the thirty years he spent as Boles's doctor. See McCullock v. H.B.

United States v. Esposito

654 F. Supp. 664 · District Court, S.D. New York · Mar 2, 1987

On July 31, 1985, Esposito was granted immunity and ordered to testify before a federal Grand Jury in the Southern District of New York. … The record clearly shows this claim is specious.

Vinluan v. Ardsley Union Free School District

District Court, S.D. New York · Jul 27, 2021

Discrimination To establish a prima facie case of discrimination under either the ADA or Section 504, a plaintiff must allege that: (1) plaintiff is a “qualified individual … Vermont, 340 F.3d 27, 34-35 (2d Cir. 2003))).2 Qualified Individual with a Disability Defendants argue that Plaintiffs fail to allege MV is a qualified