Case law

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).

Attorney General of the United States v. Irish Northern Aid Committee

530 F. Supp. 241 · District Court, S.D. New York · Apr 30, 1981

In violation of the same question, defendant has failed to disclose its function as a press office, an activity clearly established by its own records. … The United States is immune from suit absent an express waiver of sovereign immunity, e.g., United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953-54 , 47 L.Ed.2d 114 (1976); United States v.

Tisi v. Patrick

97 F. Supp. 2d 539 · District Court, S.D. New York · May 22, 2000

The elements Tisi alleges were copied are not copyrightable. 3 Further, numerous elements of the two songs, including the structure, chords and rhythm, are clearly distinguishable from one another. … Double-A-Music Corp., 166 F.Supp. 681, 683 (S.D.Ca.1958) (arrangement consisting of common melodic and harmonic embellishments not sufficiently original to qualify for copyright protection).

Sumitomo Corp. of America v. M/V "SIE KIM"

632 F. Supp. 824 · District Court, S.D. New York · Aug 27, 1985

Instead, the statute simply says that “in relation to the loading, handling, stowage ... of such goods” the carrier “shall be subject to the responsibilities and liabilities. and entitled to the rights and immunities set … [The] Harter Act does not outlaw a contract which clearly provides an alternative place of delivery (thus terminating the carrier’s liability upon delivery to that place).

Perkins

District Court, S.D. New York · Jan 29, 2026

(ECF 37.)1 Plaintiff, a Bronx resident, has been receiving disability benefits for the past 16 years, “due to a qualifying disability, which substantially limits major life activities.” (Id. at 1.) … ‘should be construed liberally’ to afford people with disabilities ‘equal access’ to the wide variety of establishments available to the nondisabled.” PGA Tour, Inc. v.

Carroll v. Bayerische Landesbank

150 F. Supp. 2d 531 · District Court, S.D. New York · May 31, 2001

Defamation Defendants argue that plaintiffs defamation claim is barred by qualified privilege and that although this privilege can be overcome by a showing that defendants acted with malice, plaintiff has produced no evidence … Clearly at that time, none of the parties thought BLB was established.

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.

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.

Levin v. International Business Machines Corp.

319 F. Supp. 51 · District Court, S.D. New York · Jun 29, 1970

Although I am, of course, not ruling on the question, I find that substantial and serious questions are raised as to whether Levin has standing to sue and can qualify as fairly and adequately representing the stockholders … Certainly, in the circumstances, plaintiff has not established that he will probably overcome the Kelly bar.

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

Thomas v. Twitter Corporate Office

District Court, S.D. New York · Dec 6, 2023

However, “[w]here the parties agree that New York law controls, this is sufficient to establish choice of law.” Fed. Ins. Co. v. Am. … Br. 1-2).8 Importantly, the Terms clearly disclaim any responsibility for Twitter’s failure to store or transmit content. (See id. at 8).

Equal Employment Opportunity Commission v. Local 638 ... Local 28 of the Sheet Metal Workers' International Ass'n

13 F. Supp. 2d 453 · District Court, S.D. New York · Jul 6, 1998

by the union of an escrow account from which journeypersons who qualify for back pay would be paid. … The determination as to whether said persons qualify for back pay will be made by the Special Master.

Martinez v. Cunningham

District Court, S.D. New York · Apr 13, 2020

The facts givingrise to Plaintiff’s claims are not clearly stated. … New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983. See Trotman v.

Jones

District Court, S.D. New York · Mar 16, 2026

Finally, Defendants argue they are entitled to qualified immunity. (Id. at 6-7.) … Vereen in her official capacity are barred by the Eleventh Amendment and that Defendants are entitled to qualified immunity. (See Ds’ Mem. at 6-7.) is alone sufficient ground to deny leave to amend.

Durabla Manufacturing Co. v. Goodyear Tire & Rubber Co.

992 F. Supp. 657 · District Court, S.D. New York · Feb 3, 1998

. § 3017(b) establishing “a percentage share of the fault for the product” for contribution purposes. … With respect to the indemnification claims (the first through fourth causes of action), the initial question presented by defendants’ motion is whether plaintiff even qualifies for indemnification, given certain allegations

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.

Merriam-Webster, Inc. v. Random House, Inc.

815 F. Supp. 691 · District Court, S.D. New York · Mar 8, 1993

In order to qualify for actual damages as opposed to equitable relief, the plaintiff must prove actual confusion. See Warner Bros., Inc. v. Gay Toys, Inc., 658 F.2d 76, 79 (2d Cir.1981). … RH states that under New York law, such an award will be sustained only where plaintiff establishes that it was entitled to a recovery of actual damages.

Canteen v. Smith

555 F. Supp. 2d 407 · District Court, S.D. New York · May 14, 2008

To establish “actual prejudice,” a petitioner must establish “a reasonable probability” that, but for the violation of federal law, the outcome of the case would have been different. Mathis v. … established Federal law, as determined by the Supreme Court of the United States.”

Steward Partners Global Advisory, LLC v. Tucker

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

New York law provides “absolute immunity from liability for defamation” for statements made by a witness in connection with a court proceeding. See Front, Inc. v. … The opinion contains no additional analysis, does not specify the type of privilege being applied or who made the protected statements, and does not clearly extend the qualified pre-litigation privilege to witness statements

Baity v. Kralik

51 F. Supp. 3d 414 · District Court, S.D. New York · Sep 30, 2014

At the end of this discussion with Plaintiff, King recalls that “[P]laintiff started to mutter something under his breath about Officer Ludwig that we were unable to clearly hear.” (King Deck ¶ 13.) … Feb. 16, 2011) (finding that the plaintiffs § 1983 claim to have been abandoned where the “[p]laintiff failed to address or oppose [the defendants’ arguments re *435 garding municipal liability or qualified immunity”); Broadhurst