Case law

United States v. Ferrarini

9 F. Supp. 2d 284 · District Court, S.D. New York · Jun 12, 1998

Novel or atypical methods should not provide immunity from the securities laws.” Russo, 74 F.3d at 1390 (quoting Superintendent of Ins. v. Bankers Life & Cas. … Such conduct clearly fahs within the broad range of manipulative or fraudulent conduct prohibited by the securities laws.

Dobbin v. Greiner

249 F. Supp. 2d 241 · District Court, S.D. New York · Dec 30, 2002

This was an unreasonable application of clearly established Federal law, as determined by the Supreme Court in Batson. Mr. Charret indicated that he did not recognize defendant Dobbin. (2/21 Tr. 18-19.) … Dobbin, 265 A.D.2d 193 , 697 N.Y.S.2d 10 , "was an unreasonable application of clearly established Federal law, as determined by the Supreme Court in Batson." Report at 12. 4 .

Costabile v. County of Westchester

254 F.R.D. 160 · District Court, S.D. New York · Jun 18, 2008

We reviewed the investigative report in camera on May 23, 2008 and determined that it was clearly prepared on behalf of plaintiffs’ former counsel in anticipation of litigation. … Waiver Work product immunity is not automatically waived by production to a third party; it is waived when its production to another is inconsistent with the protection.

Key v. United States

District Court, S.D. New York · May 31, 2019

Regardless, Key cannot establish that he suffered any prejudice. … To qualify for a new trial on this ground, a defendant must demonstrate compelling prejudice. Id. at 181-82.

Greene Johnson v. United States

District Court, S.D. New York · Dec 11, 2024

Sovereign Immunity Under the doctrine of sovereign immunity, the United States is immune from suit except where it consents to be sued. United States v. … Reno, 54 F.3d 109, 110 (2d Cir. 1995) (referring to the implied cause of action against the United States for constitutional violations established in Bivens v.

Fine v. Bear, Stearns & Co., Inc.

765 F. Supp. 824 · District Court, S.D. New York · May 30, 1991

Bobker, 808 F.2d 930, 933-34 (2d Cir.1986)), which is applicable only where the law alleged to have been disregarded is “well defined, explicit, and clearly applicable,” so that the error was “capable of being readily and … instantly perceived by the average person qualified to serve as an arbitrator.”

United States ex rel. Wood v. Allergan, Inc.

246 F. Supp. 3d 772 · District Court, S.D. New York · Mar 31, 2017

A contrary holding would immunize upstream entities from FCA liability—a result Congress “could hardly have intended.” … The purpose of Rule 9(b)’s heightened standard is to ensure that defendants have sufficient notice — not to immunize them from suit at the outset.

Commodity Futures Trading Commission v. International Financial Services (New York), Inc.

323 F. Supp. 2d 482 · District Court, S.D. New York · May 7, 2004

The Commission’s evidence therefore clearly establishes a violation of 7 U.S.C. § 6 (a)(1). B. … The evidence establishes, and defendants do not dispute, that IFS Inc. placed orders on behalf of persons who do not qualify as "eligible contract participants,” which include, among others, persons with assets in excess

Davidson v. BARTHOLOME

460 F. Supp. 2d 436 · District Court, S.D. New York · Oct 12, 2006

While an adverse action need not rise to the level of a constitutional violation in order to qualify as retaliatory, (see ACLU v. … The record should clearly reflect that Ewald denied knowing anything about plaintiff's litigation history or saying anything to him that referred to that history.

Krys v. Official Committee of Unsecured Creditors of Refco Inc. (In Re SPhinX, Ltd.)

371 B.R. 10 · District Court, S.D. New York · Jul 5, 2007

The SPhinX Funds were established as offshore entities apparently to attract non-U.S. and U.S. tax-exempt investors in the light of favorable Cayman Islands tax benefits and regulations. … Counsel for the JOLs stated at the hearing on the Petition, however, that the investors in the SPhinX Funds could qualify as creditors for purposes of the Cayman Islands winding up proceedings.

Slevin v. City of New York

551 F. Supp. 917 · District Court, S.D. New York · Dec 15, 1982

But it clearly protects “two different kinds of interests.... … The analysis in Plante of the autonomy branch as it relates to financial disclosure is unassailable to the extent that it finds no “presumptive immunity from regulation” for financial affairs.

In Re Telik, Inc. Securities Litigation

576 F. Supp. 2d 570 · District Court, S.D. New York · Sep 10, 2008

Litig., 226 F.R.D. 186 , 194 & n. 42 (S.D.N.Y.2005) (where negotiations were facilitated by Judge Politan, settlement was “clearly the result of arm’s-length bargaining”). … Plaintiffs are adequate representatives of the Class, and their counsel are qualified, experienced, and capable of prosecuting the action, in satisfaction of Rule 23(a)(4). D.

American Buying Insurance Services v. S. Kornreich & Sons, Inc.

944 F. Supp. 240 · District Court, S.D. New York · Sep 30, 1996

paid by program participants and, in addition to running all aspects of the program and placing all of the program’s insurance through API, KIS represented that it would endeavor to find new program members and admit all qualified … Adequacy of Conspiracy Allegations Section 1962(d) establishes liability for a conspiracy to violate Section 1962(a), (b), or (c).

Wachovia Corp. v. Citigroup, Inc.

634 F. Supp. 2d 445 · District Court, S.D. New York · Jul 13, 2009

the success of the resulting institution,” and should be competitively negotiated. *455 At most, the use of the word “transaction” in these provisions suggests the unremarkable proposition that the word “transaction” is qualified … that enforcement of agreements such as standstill, confidentiality, and exclusivity agreements against subsequent bidders and the imposition of liability on those parties would be “contrary to public policy.” 87 Congress clearly

Shim-Larkin v. City of New York

District Court, S.D. New York · Sep 26, 2023

These conclusions were not clearly erroneous based on the evidence. … actions nor established a reasonable likelihood of deterrence,” and “considering the totality of the circumstances, Plaintiff failed to establish a connection between any conduct and her protected characteristics.”

Shelton J. Haynes and Gretchen K. Robinson v. Executive Chamber for the Office of the Governor of New York, Roosevelt Island Operating Corporation, Roger Maldonado, Tania Dissanayake, Ruthanne Visnauskas, Diana Lopez, Alejandro Valella, and Ben Fhala

District Court, S.D. New York · Sep 30, 2025

Plaintiffs Have Not Alleged Sufficient Facts to Establish Liability Under Section 1983 With Respect to Defendant Fhala. … Plaintiffs sufficiently allege that they are members of a protected class and that they are qualified for their positions. See SAC ¶¶ 221–22.

The Cabo Hatteras

5 F. Supp. 725 · District Court, S.D. New York · Nov 21, 1933

The statute makes no other exception from the complete immunity granted." And at page 427 of 287 U. S., 53 S. … So that the fire statute (section 4283 [46 USCA § 183]) grants the shipowner full immunity for loss of cargo due to a fire subject to the exception mentioned in the statute.

Guide v. Desperak

144 F. Supp. 182 · District Court, S.D. New York · Aug 30, 1956

If, therefore, the patent be for the whole of a machine, the party can maintain a title to it only by establishing that it is substantially new in its structure and mode of operation. … in the art and clearly circumscribe what is foreclosed from future enterprise.

Mason Tenders District Council Pension Fund v. Messera

958 F. Supp. 869 · District Court, S.D. New York · Mar 26, 1997

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v. … This statement clearly implies that control lay outside the hands of the Werner Krebs defendants, who sought to influence those who were in control.

Clear Channel Outdoor, LLC v. City of New Rochelle

District Court, S.D. New York · Sep 26, 2022

misinterprets New York law, however, wherein it rejects the City’s equitable estoppel defense by holding that an “actual misrepresentation” is required and “misrepresentations regarding legal opinions or interpretations” do not qualify … While the billboards may have been immune 21 from removal under the Zoning Code up until December 31, 2020, that immunity has expired.