Case law

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.

Rosa v. Herbert

277 F. Supp. 2d 342 · District Court, S.D. New York · Aug 14, 2003

established Federal law, as determined by the Supreme Court of the United States. … Clearly, no rule requiring dismissal is “firmly established and regularly followed.”

PowerDsine, Inc. v. AMI Semiconductor, Inc.

591 F. Supp. 2d 673 · District Court, S.D. New York · Dec 18, 2008

in the course of a judicial proceeding to achieve the objects of the litigation, even though the publication is made outside the courtroom and no function of the court or its officers is involved.” 67 “Undergirding the immunity … of the mere likelihood that statements were made is insufficient to establish a prima facie defamation claim.

McMillen Sulaymu-Bey v. Port Authority of New York and New Jersey

District Court, S.D. New York · Apr 15, 2024

under 42 U.S.C. § 1983, a plaintiff must allege that a person acting under the color of state law, or a “state actor,” violated a right secured by the Constitution or laws of 4 Title II of the ADA provides that “no qualified … It is well established that “verbal harassment alone does not amount to a constitutional deprivation.” Ali v. Connick, 136 F. Supp. 3d 270, 276 (E.D.N.Y. 2015).

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.”

Geoffrey Beene, Inc. v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union

562 F. Supp. 1316 · District Court, S.D. New York · May 3, 1983

Around 1972, plaintiff established a new line of clothing, to be produced by a subsidiary called Beene Bag, Inc. … Rubin drew far more than the “essence” of his opinion from the collective agreement, and he clearly applied that agreement when he rendered his decision.

Atlantic Terminal Urban Renewal Area Coalition v. New York City Department of Environmental Protection

740 F. Supp. 989 · District Court, S.D. New York · Jun 28, 1990

that the NAAQS will be attained within the time frame they establish. … Neither EPA nor the State has initiated the established process to modify the credits.

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.

Fernandez v. Windmill Distributing Co.

159 F. Supp. 3d 351 · District Court, S.D. New York · Feb 4, 2016

June 16, 2009) (finding that the CBA did not “clearly and unmistakably” waive certain statutory rights because the CBA did not specifically identify those statutes), with Hodges v. … In other words, Windmill argues that Fernandez has failed to plead that he was otherwise qualified to perform the essential functions of the job, with or without reasonable accommodation.

Janover v. Bernan Foods, Inc.

901 F. Supp. 695 · District Court, S.D. New York · Oct 16, 1995

All of the calculations concerning the amount and timing of these payments were established in the Employment Agreement. … Elizabeth Arden Sales Corp., 305 N.Y. 48, 54-55 , 110 N.E.2d 551 (1953) (signed and unsigned writings can be read together as long as they clearly refer to the same subject matter); Nolfi Masonry Corp. v.

Harris v. Westchester County Department of Corrections

District Court, S.D. New York · Oct 15, 2019

Connolly, 8 A related claim against Prack, the officer who reviewed the result of the disciplinary hearing, was dismissed above on qualified immunity grounds. … Therefore, the Court declines to grant Defendants qualified immunity at this stage. li.

Johnson v. City of New York

District Court, S.D. New York · Dec 23, 2019

It “exists when 3 Since the Court dismisses the first two causes of action based on probable cause, the Court does not address the issue of qualified immunity. … Qualified immunity is judged by a more lenient “arguable probable cause” standard, which is certainly satisfied when, as here, there was probable cause for the arrest and prosecution. Escalera v.

The Atlantic

2 F. Cas. 121 · District Court, S.D. New York · Feb 15, 1849

Indubitably the particular which gives authority to consuls to act in this behalf under the statute, must be duly established, or his proceedings will be a nullity. … He must set forth the facts necessary to confer it, and those jurisdictional facts must be established by proof. The People v. Koeber, 7 Hill, 39 , and cases cited.

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.

Leisner v. New York Telephone Company

358 F. Supp. 359 · District Court, S.D. New York · Mar 2, 1973

The decree also places a judicial stamp of approval on defendant’s Affirmative Action Plan which provides for the establishment of goals by defendant. … Rule 23(a)(1) clearly indicates that one common question of law or fact can be sufficient if the other pre-requisites are satisfied.

Ragin v. Harry MacKlowe Real Estate Co., Inc.

801 F. Supp. 1213 · District Court, S.D. New York · Aug 25, 1992

If models are used in display advertising campaigns, the models should be clearly definable as reasonably representing majority and minority groups in the metropolitan area.... … Moreover, these witnesses’ post hoc recollection of their reaction to these ads must be qualified by their obviously positive experiences living in the buildings.

New York Pathological & X-Ray Laboratories, Inc. v. Immigration & Naturalization Service

389 F. Supp. 1007 · District Court, S.D. New York · Oct 22, 1974

The district director shall select as many civil surgeons, including clinics employing qualified civil surgeons, as he determines to be necessary to serve the needs of the Service in a locality under his jurisdiction. … In order to succeed on their motion for a preliminary injunction plaintiffs must establish “ ‘either (1) probable success on the merits and possible irreparable injury, or (2) sufficiently serious questions going to the merits

Rothenberg v. Silberman

278 F. Supp. 116 · District Court, S.D. New York · Jan 10, 1968

Although the Corporation, a nominal defendant, is qualified to do business in New York, it has no office and transacts no business in this District. … Capital Gains Research Bureau, 375 U.S. 180 , 84 S.Ct. 275 , 11 L.Ed.2d 237 (1963), embracing numerous communications, each of which may be an “important step” in the violation, 6 as distinguished from the relatively simple, clearly

Leighton Technologies LLC v. Oberthur Card Systems, S.A.

423 F. Supp. 2d 425 · District Court, S.D. New York · Apr 13, 2006

Anticipation must be established by clear and convincing evidence. Id. … The two must qualify as a single “reference” to constitute anticipatory prior art.

Helmer v. Briody

747 F. Supp. 1020 · District Court, S.D. New York · Sep 26, 1990

It is also apparent that it was in the interest of the officers of the Local to establish the proposition advanced by Hel-mer, that cashing-out did not affect reinstatement rights and that reemployment under the Plan should … Moreover, Con Ed’s records clearly indicate that his employment was terminated in accordance with the applicable practices and procedures.