Case law

United States v. Atkins

661 F. Supp. 491 · District Court, S.D. New York · Jun 2, 1987

Moreover, “it would be high irony to find that the defendants here are immune to prosecution because they never wrote [their agreements] down.” 19 It is not and has never been the law that losses generated from bogus transactions … As is well known, rarely is a conspiracy established by direct evidence. Usually it is based upon circumstantial evidence of acts and conduct of each conspirator involved. As noted in United States v.

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

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.

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.

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.

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).

United States of America for the Use and Benefit of Pinnacle Environmental Corporation v. Volmar Construction, Inc.

District Court, S.D. New York · May 31, 2024

be resolved by agreement, the party challenging the designation shall present the dispute to the Court by motion, At such time, the party claiming Confidential status shall have the burden of establishing … I will hold in confidence and not disclose to anyone not qualified under the Agreement any Confidential material or any words, summaries, abstracts, or indices of Confidential material disclosed to me. 6.

United States v. Brooks

349 F. Supp. 168 · District Court, S.D. New York · May 10, 1972

No substantial evidence established the scope or existence of any such agency to fix the price, or to re-establish an all cash price on June 5, 1968, after the original price on terms became procedurally untenable. … These two witnesses had received prosecutorial immunity for this alleged crime and other unrelated crimes of considerable gravity, including substantial income tax evasion.

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.”

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.

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.

Lavi v. Bank Negara Indonesia Branch

District Court, S.D. New York · Aug 7, 2023

Complaints that fails to establish subject matter jurisdiction must also be dismissed. See Fed. R. Civ. P. 12(h)(3). B. … Plaintiff cannot qualify under the first or second clauses of § 1605(a)(2) because the commercial activity was not “carried on in the United States by the 5 As of the filing of the Complaint, the Government of the Republic

In Re Air Crash Off Long Island, New York

30 F. Supp. 2d 631 · District Court, S.D. New York · Dec 14, 1998

According to the defendant, this language clearly establishes that TWA merely intended to inform the user of the Coupon that TWA’s liability could be limited by the provisions of either the Warsaw Convention or Workers Compensation … If the latter situation prevailed we believe that [the employee] qualified as a ‘passenger’ covered by the Convention”) (quoted in Sulewski, 933 F.2d at 186 ).

Von Kaulbach v. Keoseian

783 F. Supp. 170 · District Court, S.D. New York · Jan 30, 1992

The donee must establish clearly and unambiguously that the donor intended to make a present transfer of the property, and “[t]he delivery required must be such as to vest the donee with control and dominion over the property … Therefore, defendants cannot establish clearly and unambiguously that complete dominion and control was vested in the trustees as of the time the agreement was executed, and thus can not enforce her promise as a valid inter

Rowe, M.D., M.H.A., L.L.C. v. Cigna Health and Life Insurance Company

District Court, S.D. New York · Apr 18, 2023

information and confidential patient information, including personal identifiers; and it appearing further that legitimate interests warrant that such information remain confidential and that there is a substantial risk that clearly … Such inadvertent or mistaken disclosure of such information, document or thing shall not by itself constitute a waiver by the producing party of any claims of privilege or work-product immunity.

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.”

Manufacturers Hanover Trust Co. v. United States

576 F. Supp. 837 · District Court, S.D. New York · Oct 17, 1983

On November 5, 1923, Charlotte Wallace established a trust and retained the right to the trust’s income for her life. … Kentucky, 309 U.S. 83, 88 , 60 S.Ct. 406, 408 , 84 L.Ed. 590 (1940), déference does not mean that all legislation touching upon internal revenue matters is immune from all constitutional strictures.

United States v. Nelson

365 F. Supp. 2d 381 · District Court, S.D. New York · Mar 24, 2005

Crowley, 318 F.3d 401, 417-418 (2d Cir.2003) (“The voir dire examination established that [the witness] would deny making false accusations or lying .... … Even if the tip qualifies as a “testimonial statement,” see, e.g, United States v.

Vega v. Califano

491 F. Supp. 974 · District Court, S.D. New York · Apr 21, 1980

Califano, 454 F.Supp. 1261 (W.D.N.Y.1978). 9 In the case at bar, the A.L.J. clearly articulated her reasons for discrediting plaintiff’s characterization of the severity of her illnesses. … This court finds that the A.L.J. considered plaintiff’s subjective testimony, had ample reason to discredit it, and clearly set forth her reasons. Marcus v. Califano, supra, Dunbar v.

In re Brownstone

17 F. Supp. 402 · District Court, S.D. New York · Dec 2, 1936

Later in his testimony, he qualified this statement by saying that he “thought it would be settled that way.” … Clearly the loan of $30,000 made to the bankrupt was “an extension or renewal of credit” within the language of the statute.