Case law

Swanhart v. State of New York

District Court, S.D. New York · Mar 24, 2022

Beach; (3) Plaintiffs’ federal claims fail as a matter of law on several grounds; (4) Superintendent Beach and Trooper Jackson are entitled to qualified immunity; (5) Plaintiffs’ state law claims fail as a matter of law … In sum, as all of Plaintiffs’ federal claims against Defendants fail, the Court need not address Defendants’ arguments on qualified immunity.

Kinoy v. Mitchell

67 F.R.D. 1 · District Court, S.D. New York · Jun 3, 1975

Privilege for military and state secrets The first of the Richardson affidavits is clearly an attempt to assert the well-established governmental privilege which protects absolutely secrets of state and military secrets, … This is not an assertion of the well established and absolute military or state secrets privilege discussed above.

Zarcone v. Condie

62 F.R.D. 563 · District Court, S.D. New York · Apr 16, 1974

The 1963 amendment to Federal Rule 4(d)(7) clearly renders the law of New Jersey irrelevant to service of process in the instant case. … Lastly, plaintiff contends that the methods for out of state service of process established by New York law are applicable to this case and were complied with by the Marshal in effecting the September 21, 1972 delivery.

In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

438 F. Supp. 2d 291 · District Court, S.D. New York · Jun 23, 2006

Here, the only relevant policy determination would be if Congress had decided to ban the use of MTBE or grant manufacturers immunity from lawsuits asserting damages attributable to the use of MTBE. … Because I find that neither of the Baker factors defendants invoked applies to this case, I need not reach the issue of whether, in general, the Supreme Court’s application of Baker establishes that the political question

Archie Comic Publications, Inc. v. DeCarlo

258 F. Supp. 2d 315 · District Court, S.D. New York · Apr 23, 2003

ACP quite clearly induced the creation of the Sabrina works. 84 It retained editorial and stylistic control over anything submitted by DeCarlo. … Comic strips arguably qualify as works for hire under the "contribution to a collec *334 tive work” eligible category. 17 U.S.C.A. § 101 .

Imhof v. New York CIty Housing Authority

District Court, S.D. New York · Jul 25, 2025

Finally, the Supreme Court appeared to reason that the “pre-emption of all other statutory remedies for employment discrimination is mandated by the policies of sovereign immunity, which require a waiver of that immunity … Id. at 6 (“It is well established that the FTCA applies to such codified torts.”). Circuit dictum warrants substantial deference from this Court,” Antônio Pereira Ass’n v.

Yurman Design, Inc. v. Paj, Inc.

93 F. Supp. 2d 449 · District Court, S.D. New York · Apr 11, 2000

As the Supreme Court explained in Feist Publications: To qualify for copyright protection, a work must be original to the author. … More specifically, PAJ has claimed that (1) Yurman Design failed to establish a protectable trade dress as a matter of law, given that Yurman Design could not offer the jury any coherent, clearly articulated explanation of

Stat Medical Services, Inc. v. Daughters of Jacob Geriatric Center, Inc.

797 F. Supp. 253 · District Court, S.D. New York · Jun 19, 1992

Indeed, Manbodh sent the faxes to her at DOJ and called her there on occasion, clearly acts not to be taken if DOJ were not to know of her employment. … In addition to the evidence already discussed above, it can be noted that Alexander was clearly a qualified candidate for the STAT nighttime job.

United States v. Berger

188 F. Supp. 2d 307 · District Court, S.D. New York · Feb 12, 2002

The Court’s determination of a defendant’s competence will not be disturbed unless it is “clearly erroneous.” See id. … The Plea Agreement also clearly states: It is understood that the sentence to be imposed upon is determined solely by the Court.

Gulino v. Board of Education of the City School District of New York

236 F. Supp. 2d 314 · District Court, S.D. New York · Nov 25, 2002

It is certain that the policy in question qualifies as “continuing” by the Second Circuit’s definition. … To establish a prima facie showing in a disparate impact case, plaintiffs must establish, by a preponderance of the evidence that the employer “uses a particular employment practice that causes a disparate impact on the basis

Almonte v. Law Enforcement Agency

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

. § 1915(e)(2)(B)(i)-(iii)1); Almonte v. 1 “Any claim dismissed on the ground of absolute judicial immunity is frivolous for purposes of 1915(g).” Mills v. Fischer, 645 F.3d 176, 177 (2d Cir. 2011). … role in establishing the fairness and reliability” of the dismissal order, “avoids the risk that the court may overlook valid answers to its perception of defects in the plaintiff’s case,” and prevents unnecessary appeals

South Chicago Disposal, Inc. v. LTV Steel Co. (In Re Chateaugay Corp.)

130 B.R. 162 · District Court, S.D. New York · Jul 19, 1991

If the debtor’s obligation already has been reduced to an obligation to pay money, then it is subject to treatment according to the scheme of priorities established by the Bankruptcy Code. … reject exec-utory contracts, Congress sought to further the reorganization policies underlying chapter 11 of the Code: Reorganization under Chapter 11 of the Bankruptcy Code, by definition, involves the restructuring of a qualifying

Otrompke v. The First Department Committee on Character and Fitness

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

State Defendants Plaintiff sues two entities that qualify as arms of the State of New York: The New York Board of Law Examiners and the Committee on Character and … entities are entitled to Eleventh Amendment immunity from suit. See T.W. v. New York State Bd.

Civic Ass'n of Deaf of New York City, Inc. v. Giuliani

970 F. Supp. 352 · District Court, S.D. New York · Jul 28, 1997

Thus, to establish a violation of Title II, a plaintiff must prove that (1) she is a “qualified individual with a disability”; (2) she is being excluded from participation in or being denied the benefits of some service, … These regulations, codified at 28 C.F.R. ch. 1, pt. 35, are to be given controlling weight, “unless they are arbitrary, capricious, or clearly contrary to the statute.” Does 1-5 v.

United States v. Maurer

76 F. Supp. 2d 353 · District Court, S.D. New York · Jul 26, 1999

Clearly the effects of the former on law enforcement are far more devastating. … While this Circuit has recognized this ground for departure, it has only been warranted where it is clearly established that the defendant is a unique source of financial and/or emotional support for a significant number

United States v. Loften

518 F. Supp. 839 · District Court, S.D. New York · Jun 8, 1981

Socolov initially argued that he could not be charged with aiding and abetting the commission of the substantive offense and, consequently, must also be immune from conspiratorial liability. … This clearly eliminated Socolov’s exposure for the acceptance of fees from Loften.

Debidat v. Marriott, International, Inc.

580 F. Supp. 2d 300 · District Court, S.D. New York · Sep 29, 2008

To meet this burden, plaintiff must show “(1) that he belonged to a protected class; (2) that he was qualified for the position he held; (3) that he suffered an adverse employment action; and (4) that the adverse employment … Coughlin, 94 F.3d 71, 74 (2d Cir.1996) (“Where it appears clearly upon the record that all of the evidentiary materials that a party might submit in response to a motion for summary judgment are before the court, a sua sponte

United States v. Soblen

203 F. Supp. 542 · District Court, S.D. New York · Nov 3, 1961

Beker, the defense attempted to establish that the reports that Mrs. … Since it clearly appears that some of the essential conditions prescribed by Rule 15 do not exist, the defendant has not established the minimal prerequisites for obtaining leave to take the proposed deposition.

NY STATE ASS'N OF CAREER SCHOOLS v. Educ. Dept.

762 F. Supp. 1124 · District Court, S.D. New York · May 6, 1991

Munro, 650 F.2d 184, 188 (9th Cir.1981) ("the courts have consistently required that plaintiffs seeking to qualify as `prevailing parties' [under § 1988] establish some sort of clear, causal relationship between the litigation … Plaintiffs' direct effect on the legislative process therefore appears to have been the result of lobbying pressure, and thus an award of attorney's fees is clearly not warranted on that basis.

Leather v. Ten Eyck

97 F. Supp. 2d 482 · District Court, S.D. New York · May 11, 2000

The trial jurors had the right to believe Ryan’s testimony, except as to those events where he was clearly not present and testifying solely based on hearsay or speculation. … One who does so does not gain immunity by picking a political fight with the Sheriff.