Case law

Marom v. The City of New York

District Court, S.D. New York · Jul 25, 2019

Qualified Immunity Defendants argue that they are entitled to qualified immunity on all claims. … Because Marom’s claims are dismissed, the Court need only address defendants’ qualified immunity argument with respect to Rocek’s claims.

United States Ex Rel. Kirk v. Schindler Elevator Corp.

606 F. Supp. 2d 448 · District Court, S.D. New York · Mar 30, 2009

To establish liability under the FCA, a plaintiff — whether the Attorney General or a relator — must establish that the defendant “(1) made a claim, (2) to the United States government, (3) that is false or fraudulent, (4 … Kirk fails to qualify as an original source because he cannot establish “direct and independent knowledge” of the information on which his allegations were based prior to the DOL’s response to his FOIA request.

Cliff v. Internal Revenue Service

496 F. Supp. 568 · District Court, S.D. New York · Jul 30, 1980

Mink, 410 U.S. 73, 80 , 93 S.Ct. 827, 832 , 35 L.Ed.2d 119 (1973), “to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.” … The documents in this case clearly fall into the “usual case” of exempt preliminary drafts and advisory memoranda.

Bernard B. v. Blue Cross and Blue Shield, Etc.

528 F. Supp. 125 · District Court, S.D. New York · Sep 28, 1981

. *131 The Rehabilitation Act provides that, “No otherwise qualified handicapped individual . . . shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination … At the public hearing, it was clearly demonstrated that such a standard is subject to considerable distortions that defeat its very purpose.

American Home Products Corp. v. Johnson & Johnson

672 F. Supp. 135 · District Court, S.D. New York · Nov 5, 1987

were [first] serious unresolved doubts as to the scientific validity of the state studies and secondly, concern that a label warning would interfere with the use of aspirin in treating conditions in children where it’s clearly … The court stated, “mere compliance with regulations or directives as to warnings, such as those issued by the United States Food and Drug Administration here, may not be sufficient to immunize the manufacturer or supplier

United States v. Panduro

152 F. Supp. 2d 398 · District Court, S.D. New York · May 31, 2001

Drug Quantity The Government contends that the record clearly establishes that Panduro and his co-conspirators agreed to purchase 70 kilograms of cocaine from Agent Fonseca and that this amount should set Panduro’s base offense … A family circumstances departure is only appropriate where it is clearly established that the defendant is a unique source of financial and/or emotional support for his family. See, e.g., United States v.

Ferreira v. Dosin

District Court, S.D. New York · Nov 26, 2024

who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities … Without articulating the responsibilities of a lieutenant or listing the requisite qualifications, Plaintiff cannot establish that she was qualified for the position. See Cruz v.

United States v. Bonanno

180 F. Supp. 71 · District Court, S.D. New York · Jan 12, 1960

And the proposition was very clearly stated in Johnson v. … I shall not in this opinion concern myself with the evidence in this case which clearly established the falsehood of the defendants’ statements to Croswell and other law enforcement officers and bodies, including federal

American Society of Composers, Authors, & Publishers Ex Rel. Bergman v. Pataki

930 F. Supp. 873 · District Court, S.D. New York · Mar 20, 1996

Clearly, lost licensing fees and lost remedies for infringement cannot be reasonably calculated because it is impossible to determine with reasonable certainty how many licenses plaintiffs could have negotiated or infringement … Plaintiffs could not collect monetary damages from defendants in a federal action because defendants enjoy Eleventh Amendment immunity, and this Court is barred from considering the availability of state court relief.

Wirtz v. National Maritime Union of America

284 F. Supp. 47 · District Court, S.D. New York · Apr 19, 1968

Since the Secretary failed to establish the number of members who had been deprived of an opportunity to vote, and failed to present any evidence indicating that 2509 or more members were unable to reach a port during the … Thus, it took a minimum of ten years in the industry before one could qualify to become a national officer in the NMU in 1966.

Rubinstein v. Department Stores National Bank

955 F. Supp. 2d 260 · District Court, S.D. New York · Jul 22, 2013

In effect, Defendant argues that the monthly short-form notice provides a safe harbor, violations of which are immune from private actions available to address violations of the alternative annual long-form warning. … Judge Crotty held that “when the Regulation Z provision at issue was not clearly promulgated pursuant to one of the subsections Congress specifically identified as giving rise to statutory damages,” the Court should not allow

Kara Holding Corp. v. Getty Petroleum Marketing, Inc.

67 F. Supp. 2d 302 · District Court, S.D. New York · Sep 22, 1999

June 4, 1997) (“[W]hile Congress could have stated its intent more clearly, this Court holds that subsection (b)(2)(C)(i) only prohibits (a)(1)(B) claims where a state has brought an action in court.”); Orange Env’t, Inc. … A qualifying administrative action appears to operate as a bar only to civil penalty actions, and not CWA claims seeking merely declaratory or injunctive relief. See Sierra Club v.

Word v. Croce

169 F. Supp. 2d 219 · District Court, S.D. New York · Apr 27, 2001

Accordingly, Eleventh Amendment immunity serves as an alternative basis by which to dismiss plaintiffs claims. E. … Accordingly, “[t]he opening of mail, whether or not in plaintiffs presence, is permitted as long as the materials are not clearly legal mail.” Foy v. Owens, No. 85-4657, 1986 WL 3766 , at *1 (E.D.Pa.

HSH Nordbank AG New York Branch v. Swerdlow

259 F.R.D. 64 · District Court, S.D. New York · Jul 24, 2009

Under these circumstances, Nordbank’s showing clearly satisfies the requirements for application of the common interest doctrine. See Strougo v. … Whichever of these standards is applied, Nordbank’s inadvertent disclosure of privileged communications clearly does not constitute a waiver.

Meehancombs Global Credit Opportunities Master Fund, LP v. Caesars Entertainment Corp.

162 F. Supp. 3d 200 · District Court, S.D. New York · Dec 29, 2015

Moreover, plaintiffs fail to establish the qualitative factors discussed in the SEC Staff guidance. … Feb. 8, 2005), aff'd, 162 Fed.Appx. 85 (2d Cir.2006) (holding that provision identical to section 508 did not preclude amendment (by majority vote) which allowed defendant to assert Sovereign Immunity, thereby potentially

Kakar Kurtz v. Dr. Marie Lupica

District Court, S.D. New York · Mar 27, 2023

Qualified Immunity Independently, in light of the analysis above, the individual ACS Defendants—Lawson and Rodriguez—are also entitled to summary judgment on the malicious prosecution claims on qualified immunity … Grimm and Popper also does not deny her qualified immunity.

Krull v. Annucci

District Court, S.D. New York · Jan 5, 2022

was “not contrary to clearly established Federal law as determined by the Supreme Court” in McKune. … Plaintiff could so establish because “plaintiff is a civil detainee whose liberty is being withheld beyond the expiration of his prison sentence.

Cooney v. Consolidated Edison

220 F. Supp. 2d 241 · District Court, S.D. New York · Sep 6, 2002

The plaintiff alleges that Con Ed discriminated against him on the basis of an alleged disability, namely Chronic Fatigue Immunity Dysfunctional Syndrome (“Chronic Fatigue Syndrome”), failed to provide him with reasonable … The standard for granting summary judgment is well established.

Overhoff v. Ginsburg Development, L.L.C.

143 F. Supp. 2d 379 · District Court, S.D. New York · May 16, 2001

It is only when such a right is established that the court may turn to a discussion of whether there has been a deprivation of that right without due process. Id. … Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), the Supreme Court held that to have a “property” interest entitled to Fourteenth Amendment procedural protection, “a person clearly must have more than an abstract

Hatfield v. Herz

109 F. Supp. 2d 174 · District Court, S.D. New York · Aug 14, 2000

In essence, Hatfield argues that because he and Mar-schner relied on Robbin’s advice in their handling of the sublease issue, they are immune from liability in connection therewith. … Nevertheless, Herz clearly acted within his discretion in selecting the evidence to be introduced at *185 trial.