Case law

Mathias v. Jacobs

167 F. Supp. 2d 606 · District Court, S.D. New York · Sep 27, 2001

Jacobs’s permissive counterclaim qualifies as a set-off under the relevant four-prong test: (1) the subject of the counterclaim is a transaction extrinsic to the primary claim; (2) at $50,000, the amount in controversy is … Suffice it to say that Revson sets the low water mark defining the ethical and professional behavior on the part of an attorney that passes muster immune from discipline.

Telecom Business Solution, LLC, et al. v. Terra Towers Corp., et al.

District Court, S.D. New York · Jul 23, 2026

If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins), A Party … If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (€.g., by making appropriate markings in the margins), (

Schwartz v. Newsweek, Inc.

653 F. Supp. 384 · District Court, S.D. New York · Dec 8, 1986

Settled case law clearly precludes this argument. In Molyneux v. … The act established regulation of employee benefit plans “as exclusively a federal concern.” Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504, 523 , 101 S.Ct. 1895, 1906 , 68 L.Ed.2d 402 (1981).

Automobile Club of New York, Inc. v. Dykstra

423 F. Supp. 2d 279 · District Court, S.D. New York · Mar 27, 2006

I held a bench trial over three days in December 2004, where it was solidly established that towing has become enormously “nationalized.” … Consequently, as Sureway observed, New York State law defining towing (§ 107-b, supra) was not and could not be superseded by “local law” and therefore that local definition is void, and “[a] truck is just a truck,” immune

Dixon v. Wing

District Court, S.D. New York · Jan 13, 2023

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action invoking the Securing the Protection of Our Enduring and Established Constitutional Heritage … frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible”); Livingston, 141 F.3d at 437 (“[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly

Jouv'ert v. The City of New York

District Court, S.D. New York · Dec 20, 2022

“Even allegations of bad faith or malice cannot overcome judicial immunity.” Id. (citations omitted). … Claims against Bellevue Hospital employees Because H+H is a municipal corporation, its employees qualify as government actors for the purposes of § 1983. See Rookard v. Health and Hosps.

Dixon v. Bakish

District Court, S.D. New York · Mar 22, 2023

frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible”); Livingston, 141 F.3d at 437 (“[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly … claims under federal statutes and codes: (1) harassment under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692(d); (2) defamation of character, citing to the Securing the Protection of Our Enduring and Established

Filetech S.A.R.L. v. France Telecom

978 F. Supp. 464 · District Court, S.D. New York · Sep 15, 1997

That domestic effect is a sine qua non of American antitrust jurisdiction, even if a defendant’s conduct in a foreign country would clearly violate Sherman Act principles. … While American courts are not infrequently required to determine foreign law, usually after considering diametrically opposing opinions submitted by qualified foreign advocates, the typical case, unlike that at bar, does

Bryant v. Verizon Communications Inc.

550 F. Supp. 2d 513 · District Court, S.D. New York · May 1, 2008

Discharge (discriminatory and retaliatory) With respect to her 2004 discharge Plaintiff has clearly established the first and third elements of her claim: Plaintiff is a member of two protected groups, and being fired is … clearly adverse employment action.

Christian v. New York State Department of Labor, Division of Employment

347 F. Supp. 1158 · District Court, S.D. New York · Jul 24, 1972

That Court found— “There is no reasonable basis for supposing that whereas Congress deliberately insisted on opportunity of hearing for employees generally, it deliberately established a no-hearing enclave for a relatively … In fact, if an unemployed person is declared ineligible for unemployment compensation benefits he may nonetheless qualify for welfare payments on the basis of his need.

King County v. IKB Deutsche Industriebank AG

863 F. Supp. 2d 288 · District Court, S.D. New York · May 4, 2012

Act of 1933, that are also Qualified Purchasers, as defined in Section 2(a)(51)(A) of the Investment Company Act of 1940 (“QIBs”). 27 King County and ISL are QIBs, and — as qualified investors often do — have minimum ratings … Potential investors are not privy to the information that would allow them to understand clearly the quality of the loan pool.

Woods v. New York

469 F. Supp. 1127 · District Court, S.D. New York · Apr 11, 1979

The record establishes that the defendants exercised great patience and reasonableness, and it is Woods himself who often appears preemptory and petulant. … The Court does not reach the claims of various defendants that they are immune from a damages action. . N.Y.Civ.Serv.Rules § 35.5(a)(6). . Teachers United for Fair Treatment y.

Princeton Graphics Operating, L.P. v. Nec Home Electronics (U.S.A.), Inc.

732 F. Supp. 1258 · District Court, S.D. New York · Feb 22, 1990

We therefore find that in light of the evidence the definition of “compatible” as understood in the "retail channel” of sophisticated users has a clear and definite meaning — i.e., when a clearly defined standard, like IBM … At trial the evidence clearly showed that defendant stopped keeping records of inquiries, complaints, and requests over the phone from June 18, 1987 until February of 1988. 14 Trial Transcript at 898.

In Re DG Acquisition Corp.

213 B.R. 883 · District Court, S.D. New York · Oct 27, 1997

The Bankruptcy Court’s findings of fact may not be set aside unless they are clearly erroneous. Fed. R. Bankr.P. 8013. See In re Artha Management, Inc., 91 F.3d 326 , 328 (2d Cir.1996). … It is well established, for example, that a person’s fear of incrimination must become “substantial and real” before the privilege can be raised. United States v.

McCloskey v. Triborough Bridge & Tunnel Authority

903 F. Supp. 558 · District Court, S.D. New York · Oct 26, 1995

The amendment provided that the white collar exemption would not be lost for public employees who were subject to a pay system “established by statute, ordinance, or regulation, or by a policy or practice established pursuant … Here, there are two issues concerning congressional intent that must be addressed: (1) whether Congress clearly intended that the white-collar exemption apply to public employers and (2) whether Congress clearly intended

Ciaramella v. Zucker

District Court, S.D. New York · Sep 30, 2019

. §§ 1396 et seq., created the federal Medicaid program, a federal-state partnership established to provide medical assistance to qualifying residents whose “income and resources are insufficient to meet the costs of necessary … Plaintiffs clearly satisfy this requirement.

Kaz Manufacturing Co. v. Chesebrough-Pond's, Inc.

211 F. Supp. 815 · District Court, S.D. New York · Dec 7, 1962

New York Cotton Exchange, 270 U.S. 593, 608-609 , 46 S.Ct. 367, 370 , 70 L.Ed. 750 (1926) (“What the court held was that the facts alleged were insufficient to establish a case under the Anti-Trust Act. … But even supposing that plaintiff could make out a cause of action qualifying as such under the Ninth Circuit’s interpretation of the Lanham Act (Stauffer v.

Greater Chautauqua Federal Credit Union v. Quattrone

District Court, S.D. New York · Mar 31, 2023

also is not applicable where Congress has abrogated a state’s sovereign immunity or that immunity has been waived by the state. … These expectations were clearly reasonable.

Edrisse v. Marriott International, Inc.

757 F. Supp. 2d 381 · District Court, S.D. New York · Dec 13, 2010

The third clearly has been satisfied. Plaintiff suffered adverse employment actions first when he was suspended without pay 52 and again when he was terminated. The fourth element also is satisfied. … As for the fourth element, plaintiffs causation evidence, while perhaps weak, suffices to establish a genuine issue of material fact as to retaliatory motive.

Universe Tankships, Inc. v. Pyrate Tank Cleaners, Inc.

152 F. Supp. 903 · District Court, S.D. New York · Jun 10, 1957

Notwithstanding the clearly preponderant evidence which establishes the-foregoing facts and conclusions, defendant vigorously argues that it was not an-independent contractor. … The Court rendered its “provisional and qualified” ruling (4450-4459), admitting the evidence over plaintiff’s objection (4466).