Case law

Ross v. Portchester Housing Authority

District Court, S.D. New York · Sep 27, 2019

Further, they request that the Court dismiss Officer Munnelly from this action because there is no individual liability under Title VI or Title VII on the basis of qualified immunity. … Whether Plaintiff has sufficiently alleged personal involvement of these individuals or whether there is a basis to shield these individuals from liability based on qualified immunity need not be discussed at this time

Furman v. General Dynamics Corp.

377 F. Supp. 37 · District Court, S.D. New York · Jan 29, 1974

Thus Cornhill is clearly not doing all the business in New York which OEA could do were it here by its own officials. … Neither the parent nor the subsidiary was qualified to do business in New York nor had any office here.

Green v. Harris Publications, Inc.

331 F. Supp. 2d 180 · District Court, S.D. New York · Aug 11, 2004

Defendants argue that summary judgment should be granted in their favor because, inter alia, plaintiff cannot make out a prima facie case because he (1) was not qualified for the position with Morris and (2) cannot establish … March 13, 2001) (“there can be no dispute that the subjective requirement has been met, since [plaintiff] has clearly stated in sworn testimony that he perceived his working environment to be racially hostile”).

Carpenters Pension Trust Fund v. Barclays PLC

310 F.R.D. 69 · District Court, S.D. New York · Aug 20, 2015

market analysts on October 31, 2008. 1 Diamond’s statements were that: (1) “we’re categorically not paying higher rates in any currency” and (2) “we benefit in times of turmoil, so we post where we’re transacting, and it’s clearly … Courts within this Circuit have repeatedly found Robbins Geller to be adequate and well-qualified for the purpose of litigating class action lawsuits. 219 Thus, Robbins Geller is qualified, and, along with Lead Plaintiffs

McKee v. Harris

485 F. Supp. 866 · District Court, S.D. New York · Feb 21, 1980

There was no additional claim that he believed Ochetti would provide him with ineffective legal' assistance, and indeed, Justice Cropper noted that she found him to be competent and qualified to represent the petitioner ( … He should “be made aware of the dangers and disadvantages of self-representation, so that the record will establish that ‘he knows what he is doing and his choice is made with eyes open.’ ” Faretta v.

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.

Brancato v. City of New York

244 F. Supp. 2d 239 · District Court, S.D. New York · Feb 5, 2003

privileges or immunities secured by the Constitution of the United States. … The Supreme Court has clearly distinguished between a claim that an established state procedure does not afford procedural due process and a claim that a property right was lost because of a random and unauthorized act by

SMJ Group, Inc. v. 417 Lafayette Restaurant LLC

439 F. Supp. 2d 281 · District Court, S.D. New York · Jul 6, 2006

Similarly, defendants’ activities qualify as “services” as defined by the Lanham Act. … Plaintiffs’ marks are clearly displayed on the- front of the pámphlets distributed by defendants, and the distribution of those educational leaflets is a service under the *288 Lanham Act.

Integrated Resources, Inc. v. Ameritrust Co. National (In Re Integrated Resources, Inc.)

157 B.R. 66 · District Court, S.D. New York · Jul 9, 1993

These facts are not “clearly erroneous as found.” See, e.g., Am Intern, supra, at 81. … The bankruptcy judge held that such claims would qualify under 11 U.S.C. § 553 as a “recoupment” and not as a “set-off.”

Benjamin v. Traffic Executive Ass'n-Eastern

688 F. Supp. 903 · District Court, S.D. New York · Jun 14, 1988

. § 10101 et seq., eliminated antitrust immunity for collective ratemaking in the railroad industry. It was foreseen that as a consequence the railroad rate bureaus would be dismantled and their employees discharged. … courts of jurisdiction over issues which would otherwise be adjudicated in State Courts unconstitutional, because the bankruptcy court’s decisions could only be overturned by the district courts on a finding that they were clearly

United States Trust Co. of New York v. Alpert

163 F.R.D. 409 · District Court, S.D. New York · Aug 21, 1995

They clearly have the resources to handle the task. Class B. Former Holders. The firm of Fiorenza & Hayes, S.C. … Without belaboring the point, the attorneys at each firm who would be responsible for handling this action are clearly experienced, capable and qualified to represent the class herein.

Varela v. Marshall

520 F. Supp. 2d 471 · District Court, S.D. New York · Oct 2, 2007

A state court decision is “contrary to” clearly established federal law if the state court “applies a rule that contradicts the governing law set forth in [Supreme Court precedent]” or “confronts a set of facts that are materially … An erroneous evidentiary ruling may qualify for habeas relief only if the error violated petitioner’s due process rights to such an extent as to deprive him of a fundamentally fair — trial.

United States v. Glass Menagerie, Inc.

721 F. Supp. 54 · District Court, S.D. New York · Sep 6, 1989

According to Agent Giattino, these invoices established interstate trafficking in drug paraphernalia by The Glass Menagerie. … This Court is reluctant to declare that this statute, directed as it clearly is against the “head shops,” is void on its face and in all events as to everybody.

Ferguson v. Mobil Oil Corp.

443 F. Supp. 1334 · District Court, S.D. New York · Jan 24, 1978

Clearly the charges before the EEOC never gave Mobil any of the notice the Title VII scheme and due process mandates, see Bailey, supra, 563 F.2d at 450 . … This conclusion evolves from the realization that although such behavior is obviously reprehensible and probably tortious, it is clearly not discriminatory.

United States v. Fish Smokers Trade Council, Inc.

183 F. Supp. 227 · District Court, S.D. New York · Apr 22, 1960

is pick up the pre-selected fish which has been packaged for the particular customer and mark its weight on the delivery ticket, put it on the truck and upon arrival take it off the truck and bring it into the customer’s establishment … At this point there was clearly an agreement between the Union and the smokehouses to restrain trade by a concerted refusal to sell to jobbers who were not members of the Union.

Meringolo v. City of New York

908 F. Supp. 160 · District Court, S.D. New York · Nov 28, 1995

. § 213 (a), which establishes an exemption for “bona fide executive, administrative and professional employees.” … Pursuant to this grant of authority, the DOL enacted two regulations, which established a “duties test” and a “salary basis test” to determine if an employee qualifies as a “bona fide executive”, who is exempt from the FLSA

Haley v. Platnick

378 F. Supp. 499 · District Court, S.D. New York · Jun 13, 1974

This type of allegation clearly comes within the Act. The conduct charged goes beyond mere breach of fiduciary duty to a conscious attempt by both parties to evade the Act. In Arroyo v. … Although he thought an administrator should be appointed, Mims objected to the contents of the contract and thought: “[I]t should have been sent out to the members and any qualified person who thought they had the qualifications

Abadi v. American Airlines Inc.

District Court, S.D. New York · Aug 16, 2024

The government consents to be sued only when Congress expresses its intention to waive the government’s sovereign immunity clearly in statutory text. United States v. … Oct. 12, 2023), so as to establish liability under the New York City Human Rights Law (“NYCHRL”). Dkt. No. 384 at 23.

Fiscina v. New York City District Council of Carpenters

401 F. Supp. 2d 345 · District Court, S.D. New York · Nov 16, 2005

Ward that he did not qualify for the requested Regular Retirement Pension before age 65 because he only had 4.25 Vesting Credits and in order to qualify for a regular Retirement Pension before the age of 65 a participant … The reason you do not qualify is that you have only 4.25 Vesting Credits.” (Id. at 2.)

In re ITT Educational Services, Inc. Securities Litigation

34 F. Supp. 3d 298 · District Court, S.D. New York · Jul 22, 2014

Defendants Modany and Fitzpatrick attended regular meetings with the “default management group,” which ITT established to — unsurprisingly—manage defaults. (¶¶ 15,102-105.) … These allegations are clearly sufficient to plead loss causation with respect to Defendants’ July 21, 2011, statement.