Case law

Compania Transatlantica Espanola, S.A. v. Hartford Accident & Indemnity Co.

748 F. Supp. 214 · District Court, S.D. New York · Oct 15, 1990

The terms “chassis” and “trailer” are clearly not interchangeable in this case. … Tested by that standard, Interpool was clearly not an owner.

Meijer, Inc. v. Ferring B.V.

903 F. Supp. 2d 198 · District Court, S.D. New York · Oct 17, 2012

On July 1, 2005, the FDA denied Ferring’s citizen petition, concluding that Ferring had not proffered evidence as to why the FDA should depart from its well-established methodologies to establish bioequivalence, and further … The fraud stripped the patentee of the antitrust immunity it would otherwise enjoy. Id. at 177 , 86 S.Ct. 347 .

In Re the Extradition of Shapiro

352 F. Supp. 641 · District Court, S.D. New York · Jan 8, 1973

And it has not been credibly established that the Charge or the purpose of the extradition is political in character. … The actual guilt of the fugitive does not have to be established.

Abreu v. Colvin

152 F. Supp. 3d 166 · District Court, S.D. New York · Oct 6, 2015

The contested issue here is whether Madeline and Jairo each qualify as a “child” of Mr. Martinez. A. … Thus, New York intestacy law does not clearly mandate a finding that Jairo is Mr. Martinez’s child. B.

In Re for Naturalization of Chin Thloot Har Wong

224 F. Supp. 155 · District Court, S.D. New York · Dec 10, 1963

Yet, subdivision (c) clearly permits the filing of a petition for naturalization by only one citizen adoptive parent even though both parents have joined in the adoption. … governing “eligible orphans,” the 1957 Act, in furtherance of the same policy, defined “child” to include any adopted child who has fulfilled the specified age, custody, and residence requirements, 22 thereby including qualified

Americas Choice Veterans Construction Inc. v. City of New York

District Court, S.D. New York · May 1, 2025

immunity.” … City of New Haven, 89 F.4th 403, 407 (2d Cir. 2023) (qualified immunity).

Oliver v. Johanson

357 F. Supp. 3d 758 · District Court, S.D. New York · Nov 21, 2018

Because he was an independent contractor, his contributions can only qualify as a work for hire if the JESAP 2008 software qualifies under 17 U.S.C. § 101 (2). See Reid , 490 U.S. at 753 , 109 S.Ct. 2166 . … It is these specific values and the overall algorithms that qualify as trade secrets under the ATSA. 10.

Abbvie Inc. v. Mathilda & Terence Kennedy Institute of Rheumatology Trust

956 F. Supp. 2d 429 · District Court, S.D. New York · Jun 20, 2013

Professor Feldmann, the other primary inventor, was also a qualified physician, but worked primarily as a leading immunological researcher. 20 (Tr. at 453:10-25.) 302. … The evidence produced at trial and recounted above establishes — clearly and convincingly — that the claims at issue in the'442 patent would have been obvious to a person of ordinary skill in the art in light of the claims

Reed Construction Data Inc. v. McGraw-Hill Companies, Inc.

49 F. Supp. 3d 385 · District Court, S.D. New York · Sep 24, 2014

The Circuit noted that further discovery may have substantiated the plaintiffs claim that certain advertising “was clearly false, clearly material, ... clearly likely to induce reasonable reliance ... … Establishment of Vaduz, Liechtenstein v.

City of Monroe Employees' Retirement System v. Hartford Financial Services Group, Inc.

269 F.R.D. 291 · District Court, S.D. New York · Jul 15, 2010

In addition, the PSLRA establishes a rebuttable presumption that “the most adequate plaintiff in any private action arising under this chapter is the person or group of persons that”: (1) has either filed the complaint or … Arkansas Teacher argues that appointment of a single large investor meets this purpose most clearly.

Cronin v. Browner

898 F. Supp. 1052 · District Court, S.D. New York · Jul 24, 1995

The complaint in this action clearly satisfies the foregoing standard. 5 As noted, *1059 plaintiffs have alleged that the Administrator has a non-diseretionary duty to promulgate regulations establishing standards pursuant … Sections 301 and 306, however, clearly require the establishment of standards.

Allen v. Finley

District Court, S.D. New York · Aug 26, 2021

The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … There is no such thing as property in a trade- mark except as a right appurtenant to an established business or trade in connection with which the mark is employed.

Desai

District Court, S.D. New York · May 6, 2026

If it comes to a Producing Party’s attention that designated material does not qualify for protection at all—or does not qualify for the level of protection initially asserted—the Producing Party must promptly notify all … Each redaction shall be clearly labeled “REDACTED” or with a comparable legend, and the Producing Party shall preserve an unredacted copy. 3.

Julian v. Folsom

160 F. Supp. 747 · District Court, S.D. New York · Mar 21, 1958

The medical diagnosis of the claimant’s disability as evidenced clearly confirms the medical opinion and observation of the referee as to the extent and period of the claimant’s disability. … In discussing the definition of disability used in the prospective statute the Committees point out that “Only those individuals who are totally disabled may qualify” and the impairment “must * * * preclude the individual

Bateman v. The Permanent Mission of Chad to the United Nations in New York

District Court, S.D. New York · Mar 15, 2021

There is no genuine issue of fact that the subject property upon which the accident occurred qualifies as a one- family dwelling. (Doc 64-7, “Rome Decl.” Ex. … Nor did Chad seek a protective order from the Court on the basis of diplomatic immunity or otherwise. (Pl. Br. at 15).

Abortion Rights Mobilization, Inc. v. Regan

544 F. Supp. 471 · District Court, S.D. New York · Jul 19, 1982

These plaintiffs also clearly satisfy the second and third aspects of the Article III standing test — causation and redressability. … The structure of § 501(c) creates inequality among organizations depending upon the exemption for which each qualifies.

Kling v. The World Health Organization

District Court, S.D. New York · Apr 5, 2021

immunity.” … Bank Nat’l Ass’n, 898 F.3d 243, 257-58 (2d Cir. 2018) (“When a plaintiff was aware of the deficiencies in his complaint when he first amended, he clearly has no right to a second amendment even if the proposed second

In re Astrazeneca PLC Securities Litigation

District Court, S.D. New York · Sep 12, 2022

“To qualify as ‘strong’ . . . an inference of scienter must be more than merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.” … Section 20(a) establishes liability for those who control persons or entities who violate provisions of the Exchange Act. See 15 U.S.C. § 78t(a).

Cook v. DuBois

District Court, S.D. New York · Jan 11, 2021

immunity. … immunity. 17

Stinson v. Tucker

District Court, S.D. New York · Mar 10, 2021

This immunity applies to a State and to its agents and instrumentalities unless the State has waived its immunity from suit or unless Congress has abrogated that immunity. Id. A. … allegations in the complaint suffice to establish that ground, not on the nature of the ground in the abstract.”).