Case law

Afran Transport Company v. National Maritime Union

169 F. Supp. 416 · District Court, S.D. New York · Dec 19, 1958

It stated that an affirmative intention of Congress, clearly expressed, was necessary in order “for us to run interference in such a delicate field of international relations”. … If Congress desired to implement such policies by granting the plaintiffs immunity from the Norris-LaGuardia prohibition, it was free to do so. But this it has not done.

Gallo v. Alitalia—Linee Aeree Italiane—Societa Per Azioni

585 F. Supp. 2d 520 · District Court, S.D. New York · Nov 5, 2008

Clearly, the Agreement provides that plaintiffs consultancy constituted “employment.” (See Sept. 15, 2005 Agreement ¶ 2.) … “To demonstrate that he was qualified for the job, a plaintiff must show that he was qualified for the position at the time of the discharge, regardless of whether he had performed the positions satisfactorily in the past

Dessie v. Generale Bank

799 F. Supp. 1544 · District Court, S.D. New York · Aug 20, 1992

Dessie established a prima facie case, it should then consider whether Mr. … Dessie’s response to this argument, without citation to any supporting evidence, is that “he was as qualified if not more qualified than those executives.” Pl.Mem. in Opp. at 13. Defendant explained at trial that Mr.

Megginson v. Molina

District Court, S.D. New York · Jan 13, 2020

Defendants moved for summary judgment on several grounds, asserting that the evidence establishes (i) that Officer Molina’s use of OC spray was objectively reasonable, (ii) Plaintiff’s purported injuries do not rise to … the level of a constitutional violation, and (iii) that Officer Molina is entitled to qualified immunity.

Gelb v. Board of Elections in City of New York

888 F. Supp. 509 · District Court, S.D. New York · Mar 24, 1995

To maintain a § 1983 action, the conduct complained of (1) *515 must have been committed by a person acting under color of state law, and (2) deprived a person of rights, privileges, or immunities secured by the Constitution … Subjecting Ohio’s voting scheme to strict scrutiny, the Supreme Court held: No extended discussion is required to establish that the Ohio laws before us give the two old, established parties a decided advantage over any new

Boncoeur v. Haverstraw-Stony Point Central School District

District Court, S.D. New York · Mar 22, 2022

Qualified Immunity Defendants argue that they are entitled to qualified immunity. (Defs.’ Mem. at 23–24.) … The Court will not opine on whether Defendants are entitled to qualified immunity, however, because Plaintiff has not plausibly pled that he is entitled to relief. See Posr v.

Du Pont De Nemours International S.A. v. the S.S. MORMACVEGA

367 F. Supp. 793 · District Court, S.D. New York · Sep 29, 1972

This latter contention is corroborated by Exhibit 1, which clearly shows that the bill of lading was issued through Schenkers as forwarding agent. … The rule and its rationale are clearly stated in Colinvaux, Carver’s Carriage by Sea, 12th ed.

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.

Fuentes v. Ossining Police Department

District Court, S.D. New York · Jan 13, 2023

His assault theory of liability therefore must fail. 7 The Court need not, given this disposition, consider Defendants’ argument that they are entitled to qualified immunity. … The Court need not wade into the “already murky area of judging qualified immunity issues” here. Hanniford v. City of Poughkeepsie, No. 21-CV-10359, 2022 WL 17325762, at *4 (S.D.N.Y.

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.”

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. 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.

Walling v. John J. Casale, Inc.

51 F. Supp. 520 · District Court, S.D. New York · Mar 26, 1943

As indicating more clearly, perhaps than a general statement would do, the details of the business carried on by some of defendant’s customers, may be helpful. … North Shore Corporation, 318 U.S. 125 , 63 S.Ct. 494, 496 , 87 L.Ed.-, decided February 1, 1943, seem to qualify, if not entirely, destroy them. In the last mentioned decision, Mr.

Johnson v. City of New York

District Court, S.D. New York · Sep 21, 2022

immunity. … Novarro, 624 F.3d 522, 536 (2d Cir. 2010) (officers are entitled to qualified immunity if they have probable cause to make arrests).

Obstfeld Ex Rel. Toev Medical Corp. v. Schwartz

621 F. Supp. 2d 87 · District Court, S.D. New York · Jun 30, 2008

Board of Directors of the Corporation, and to hold office, subject to the terms and provisions of the Corporation’s by-laws until the next annual meeting of shareholders or until his successor or successors are elected and qualify … Toev’s by-laws clearly permitted Schwartz to resign from the corporation’s board of directors at will and effective immediately. (Obstfeld Decl. Ex. C at Art.

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

Gulf Insurance v. Glasbrenner

343 B.R. 47 · District Court, S.D. New York · May 22, 2006

Clearly the bankruptcy court is uniquely qualified to determine whether to vacate or enforce orders it previously issued in the underlying bankruptcy case, over which it had unquestioned jurisdiction. … None of these points support a conclusion that the bankruptcy court’s finding was clearly erroneous.

Innovative Networks, Inc. v. Satellite Airlines Ticketing Centers, Inc.

871 F. Supp. 709 · District Court, S.D. New York · Jan 4, 1995

Disney must establish the existence of a recognizable trade dress. That is, Disney must establish that its videocassette packages have a consistent overall look. Id. … In the present case, the Employment Contract clearly expired by its terms on January 30, 1990.

Robinson v. Balanetre

District Court, S.D. New York · Apr 20, 2022

immunity. … 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.

Littman v. Firestone Tire & Rubber Co.

709 F. Supp. 461 · District Court, S.D. New York · Mar 30, 1989

To establish a prima facie case of unlawful termination under the ADEA, plaintiff must show that he belongs to the protected age group, that he was qualified for the position that he held, and that he was discharged “under … The alleged statement is clearly inadmissible double hearsay.