Case law

Town of Newburgh, New York v. Newburgh EOM LLC

District Court, S.D. New York · Mar 27, 2025

In that case, the defendants’ conduct was “immunized from prosecution” because the application of Georgia’s neutral state trespass law was clearly in direct conflict with defendants’ “nonforcible attempts to gain admittance … to or remain in establishments covered by [Title II of the Civil Rights Act of 1964].”

Houbigant, Inc. v. ACB Mercantile, Inc.

914 F. Supp. 964 · District Court, S.D. New York · Oct 17, 1995

The New York Court of Appeals has stated that a third party beneficiary must establish that he or she has a “right to enforce the contract” or “the language of the contract otherwise clearly evidences an intent to permit … The language of this contract to transfer assets is, however, in many ways qualified. There are numerous provisions that exclude assets from the transfer.

Little v. National Broadcasting Co., Inc.

210 F. Supp. 2d 330 · District Court, S.D. New York · Apr 22, 2002

NBC argues that Hogan has failed to establish a prima facie case of discrimination because she was not qualified for a number of the positions she held due to her frequent lateness and poor performance. … Little NBC contends that Little’s race discrimination claims must be dismissed because he cannot establish that: (1) he was qualified for some of the positions he sought; (2) he was subject to any adverse employment action

Glynn

District Court, S.D. New York · Apr 27, 2026

section of the complaint form, Plaintiff writes, in full: Donald John Trump Sr shall nominate and appoint Jermaine Nathaniel®©™ Glynn judge of the Supreme Court of the United States whose appointment shall be established … A complaint is “‘factually frivolous’ if the sufficiently well-pleaded facts are ‘clearly baseless’—that is, if they are ‘fanciful,’ ‘fantastic,’ or ‘delusional.’” Gallop v.

In Re Texaco, Inc. Shareholder Litigation

20 F. Supp. 2d 577 · District Court, S.D. New York · Sep 15, 1998

.: Are the Special Master’s findings clearly erroneous? This Court concludes that they are not. … While Judge Brieant found “sufficient” benefit, he did not qualify it or characterize it further.

Bridges v. The State of New York Correctional Services

District Court, S.D. New York · May 12, 2022

“It is well-established that mere disagreement over the proper treatment does not create a constitutional claim. … Accordingly, the Court finds it unnecessary to consider Defendants’ immunity under the New York State Correction Law. V.

Percan v. United States

294 F. Supp. 2d 505 · District Court, S.D. New York · Dec 9, 2003

Judge Schwartz ruled as follows: One of the other arguments that was made by [Percan’s counsel] and I want to refer to it ... the fact that he [Per-can] has accepted responsibility under the forfeiture, that this would qualify … This challenge to a strategic decision by trial counsel falls short of establishing a claim of ineffective assistance of counsel. See United States v.

Schaffner v. Chemical Bank

339 F. Supp. 329 · District Court, S.D. New York · Mar 10, 1972

The record clearly demonstrates that so far as the plaintiff’s trust is concerned there was no reciprocal business involved. … The subject matter is clearly one for a new look at the Rules or legislative investigation and concern.

Krys v. Sugrue

859 F. Supp. 2d 644 · District Court, S.D. New York · May 9, 2012

An entity not established for the purpose of participating in the litigation “shall be treated as one person or prospective class member.” § 78bb(f)(5)(D). … The Private Action Trust action is clearly pending in the same court (this Court) as the Krys action. The other two grouping elements, however, are disputed by the parties.

Cardo v. Lakeland Central School District

592 F. Supp. 765 · District Court, S.D. New York · Jun 15, 1984

The Lakeland Federation of Teachers 1760 (the “Union”) is and was during the time of plaintiff’s employment by the School District the duly qualified exclusive representative for purposes of collective negotiations of regular … A classification based on an employment relationship is clearly distinguishable from a classification based on race, national origin or alienage.

JA Apparel Corp. v. Abboud

682 F. Supp. 2d 294 · District Court, S.D. New York · Jan 12, 2010

On the other hand, Plaintiffs Exhibit 43 is clearly a descriptive, non-trademark use. … In that ad, Abboud’s use of his name unquestionably qualifies under the fair use defense.

Federal Deposit Ins. Corp. v. Arcadia Marine, Inc.

642 F. Supp. 1157 · District Court, S.D. New York · Sep 10, 1986

As the Second Circuit has clearly stated: The litigant opposing summary judgment ... “may not rest upon mere conclusory allegations or denials” as a vehicle for obtaining a trial. … Thus, defendants’ obligation in that amount is a fact that will be deemed established upon the trial of this action. See Bonda’s Veevoederfabriek, Provimi, B.V. v.

INT'L SOC., KRISHNA CON., INC. v. McAvey

450 F. Supp. 1265 · District Court, S.D. New York · Apr 28, 1978

Robert Linn, a highly qualified architect, who is the manager of operations of the Trade Center, utilized both his own expertise and experience and that of a skilled traffic engineering group to select the distribution areas … For purposes of this preliminary injunction, then, plaintiffs have failed to establish that irreparable injury results from this prohibition.

Robertson v. National Basketball Association

389 F. Supp. 867 · District Court, S.D. New York · Feb 14, 1975

“Mandatory subjects of collective bargaining” do not carry talismanic immunity from the antitrust laws. … “Counsel is said to be qualified ... if he is experienced in the particular type of litigation before the court . . .

Valdez Ex Rel. Donely v. United States

415 F. Supp. 2d 345 · District Court, S.D. New York · Feb 3, 2006

On a motion to dismiss pursuant to Rule 12(b)(1), plaintiff carries the burden of establishing that subject matter jurisdiction exists over the complaint. See Malik v. … Nor, frankly, does Eidman’s telephone call qualify as “due diligence.”

Musket Corp. v. PDVSA Petroleo, S.A.

512 F. Supp. 2d 155 · District Court, S.D. New York · Sep 26, 2007

Neither PDVSA nor Musket, however, clearly indicate how Advanced came to be a part of the transaction and therefore a participant in the November 15 conference call and a recipient of the subsequent email. … The timeline established by PDVSA’s submissions, therefore, could support its belief that the Letter of Credit was established pursuant to the PDVSA-Intrakam Agreement, not the Advanced-Musket Agreement.

Carey v. Ernst

333 B.R. 666 · District Court, S.D. New York · Nov 8, 2005

If two views of evidence are possible, the trial judge’s choice between them cannot be clearly erroneous. … Op. at 2-3.) 15 On appeal, Carey has not shown that Judge Blackshear’s finding of fact is clearly erroneous.

United States v. Huss

394 F. Supp. 752 · District Court, S.D. New York · May 14, 1975

Clearly, the need to enforce the essential criminal laws was of prime importance to the Hebrew lawgivers, just as it is in today’s society. IV. … “Perhaps the greatest problem in the serving of kosher food would be the precedent established.

Clonus Associates v. Dreamworks, LLC

457 F. Supp. 2d 432 · District Court, S.D. New York · Aug 25, 2006

Their lives are regimented to encourage physical health, and they are told that if they are fortunate enough to “qualify,” they will go to “America,” a happy and idyllic place. … wide dissemination, plaintiffs have clearly raised a triable issue of fact as to access. 56 But on the evidence currently before the Court, a reasonable fact finder could conclude that Caspian Tredwell-Owen had only a “bare

In Re Ski Train Fire in Kaprun, Austria

230 F. Supp. 2d 392 · District Court, S.D. New York · Aug 14, 2002

Rubin & Co., 12 F.3d 1270 , 1283-85 & n. 11 (3d Cir.1993) (granting discovery on the issue of sovereign immunity) (quotation omitted). See also Rose v. Cont’l AG, No. 99 Civ. 3794, 2001 WL 236738 , at *4 (E.D.Pa. … This presumption “may be overcome only when the private and public interest factors clearly point towards trial in the alternative forum.” Piper Aircraft Co. v.