Case law

Benjamin v. Malcolm

626 F. Supp. 1264 · District Court, S.D. New York · Jan 30, 1986

City’s motion was granted. 3 Moreover, relying upon the prudent jurisprudential approach of not deciding constitutional questions when an adequate state law basis *1266 for relief exists, we concluded that New York law clearly … 52 L.Ed. 714 (1908) (federal court may enjoin state official from enforcing unconstitutional statute), because unlike Young, the need to reconcile the promotion of the supremacy of federal rights with the constitutional immunity

In Re Application of Chevron Corp.

709 F. Supp. 2d 283 · District Court, S.D. New York · May 20, 2010

The Court therefore assumes that the qualified journalists’ privilege applies to Berlinger’s raw footage. A. … Berlinger’s own statements demonstrate that this Court’s finding as to confidentiality was not clearly erroneous. Berlinger’s statements, moreover, do not stand alone on this point.

Collins v. Ward

652 F. Supp. 500 · District Court, S.D. New York · Jan 27, 1987

Moreover, they clearly employed special precautions to minimize the harmful effects of the gas on innocent bystanders. … For the reasons stated herein, the Court does not deem it necessary to reach defendants’ arguments regarding defendants’ qualified immunity, plaintiffs’ alleged failure to file their claim within the applicable statute of

Grayson v. Ressler & Ressler

271 F. Supp. 3d 501 · District Court, S.D. New York · Sep 19, 2017

In any event, Defendants do not argue that the statements would not qualify as injurious falsehoods. … The Amended Complaint insufficiently establishes that Defendants refused to work with her.

United States v. City of Yonkers

833 F. Supp. 214 · District Court, S.D. New York · Aug 30, 1993

The line between a “vestige” of segregation and ongoing discriminatory conduct is not clearly drawn. … Accountability does not end with following established rules and procedures; its essence is found in results. (Emphasis added.)

Fernandez-Sosa v. Bowen

701 F. Supp. 74 · District Court, S.D. New York · Dec 7, 1988

In the present case, the AU found that the medical evidence established plaintiff has a history of ventral hernia. … Clearly, the six hours referred to six hours out of a typical eight hour work day.

Cummings v. ADIDAS USA

716 F. Supp. 2d 323 · District Court, S.D. New York · May 24, 2010

If plaintiffs wanted to accuse some AJXV shoes but not others, they had a duty to qualify their responses appropriately. 66 They did not. … See Fed.R.Civ.P. 36(a)(4) ("[W]hen good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest.”). 67 .

Betances v. Fischer

District Court, S.D. New York · Mar 14, 2022

Plaintiffs’ claims survived Defendants’ motion to dismiss based on qualified immunity, and the Second Circuit affirmed Judge Scheindlin’s analysis that Earley “clearly established that … an administrate imposition of … ’ constitutional rights, and that Defendants were not entitled to qualified immunity.

Maneely v. City of Newburgh

256 F. Supp. 2d 204 · District Court, S.D. New York · Apr 8, 2003

suit because, where a plaintiff seeks to hold a municipality hable under Section 1983 (as plaintiffs seek to do here), he must prove that a municipal “policy” or “custom” caused the deprivation of a right, privilege, or immunity … A policy or custom can be established in a number of ways.

Cain v. Esthetique

182 F. Supp. 3d 54 · District Court, S.D. New York · Apr 20, 2016

To state a prima facie claim under the Rehabilitation Act, a plaintiff must demonstrate: (1) that she is a qualified individual with a disability within the meaning of the statute; (2) that the defendant is subject to the … In her deposition, the plaintiff clearly stated that she has .not worked since 2005 and that she was not working when she attended Atelier. (Cain Dep. at 386).

Pig Newton, Inc. v. Boards of Directors of the Motion Picture Industry Pension Plan

95 F. Supp. 3d 366 · District Court, S.D. New York · Mar 5, 2015

“The same is true of the terms of a document clearly incorporated by reference into the signed agreement[.]” Id. (citing PaineWebber Inc. v. … Bybyk, 81 F.3d 1193, 1201 (2d Cir.1996) (“[A] party will not be bound to the terms of any document unless it is clearly identified in the agreement.”)); see also Ronan Assocs., Inc. v.

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.

Su v. Argent Trust Company

District Court, S.D. New York · Jun 20, 2025

See Intel Corp, Invest, Policy Comm’ee y, Sulyma, 589 U.S, 178, 187 (2020) (holding that 29 U.S.C, § 1113(2) requires actual knowledge), Rather, they seek the documents in question to establish that DOL, had actual knowledge … To qualify for the deliberative process privilege, “a document must be ‘predecisional’ and ‘delibera- and must protect “recommendations from a subordinate to a supervisor” regarding the “formulation of a new

Dr. Muhammad v. Annucci

District Court, S.D. New York · Jan 17, 2020

Regardless of the test applied, Plaintiff has not pleaded sufficient facts to establish a right to seek monetary damages. … to abrogate Defendants’ sovereign immunity”); Holly v.

McGuire v. Warren

490 F. Supp. 2d 331 · District Court, S.D. New York · May 11, 2007

Read in such a light, plaintiffs allegations clearly state a cause of action for First Amendment retaliation. … Court Officer Shield # 207, 180 F.3d 409, 418 (2d Cir.1999) (“[T]he plaintiffs pleading need not clearly establish that the defendant harbored retaliatory intent.

Argonaut Ins. Co., Inc. v. US Fire Ins. Co.

728 F. Supp. 298 · District Court, S.D. New York · Jan 16, 1990

The question thus becomes whether Argonaut's policy contains language or possesses other features of coverage that suffice to establish that it was purchased to apply in excess of the limits of a policy like that of U.S. … Rather, it states that it covers liabilities only in respect of "any excess beyond the amount" of coverage payable from other insurance and so under Davis would not qualify. [4] The state of the record has not allowed the

Brucker v. Thyssen-Bornemisza Europe N.V.

424 F. Supp. 679 · District Court, S.D. New York · Nov 15, 1976

The notice complied with 23(c)(2) and clearly advised the class members of the nature of the pending action and the general terms of the settlement, and indicated where more detailed information was obtainable and where objections … The settlement agreement is clearly not an offer by TBE to sell a security.

DeLoach

District Court, S.D. New York · Oct 9, 2025

Plaintiff asserts claims under the Due Process Clause, claiming that Defendant “deprived [him] property without due process[,] . . . blocked access to a qualifying hardship program, failed to provide adequate notice or … June 23, 2021) (holding that the . . . fees at issue “are clearly punitive and therefore subject to the Excessive Fines Clause”).

Zerman v. Sullivan & Cromwell

677 F. Supp. 1316 · District Court, S.D. New York · Jan 15, 1988

The alleged defamation, however, relates to more than plaintiffs litigation activity; it also relates to plaintiffs motives for establishing brokerage accounts in Florida. … Those statements are either clearly protected reports of judicial proceedings or clearly protected expressions of opinion.

United States v. Shipp

578 F. Supp. 980 · District Court, S.D. New York · Jan 4, 1984

Ella Shipp before a grand jury would prove fruitless since it was most unlikely that as the head of a criminal enterprise she would testify voluntarily about her role and that of alleged confederates and that, even were immunity … The government contends that its proof upon a trial will establish the single, overall, ongoing conspiracy as alleged in the single count indictment. The issue is clearly one of fact to be determined by the jury.