Case law

Central National-Gottesman, Inc. v. M.V. "GERTRUDE OLDENDORFF"

204 F. Supp. 2d 675 · District Court, S.D. New York · May 22, 2002

The Court held that this provision was “clearly mandatory and all-encompassing,” enforceable unless revealed to be unjust and unreasonable. 2 Id. at 20 , 92 S.Ct. 1907 . … In deciding which parties to a suit qualify as a carrier within the meaning of § 1302, courts in this district to consider the issue have construed the term expansively to include all owners and charterers participating in

Boles v. Merck & Co.

647 F. Supp. 2d 265 · District Court, S.D. New York · Aug 5, 2009

Other courts find that treating physicians’ testimony invariably draws upon their specialized knowledge, requiring that they be qualified as experts. See Lamere v. N.Y. … Mills is clearly qualified to offer expert opinions of this kind based on his forty years of experience as a board-certified physician and the thirty years he spent as Boles’s doctor. See McCulloch v. H.B.

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.

Cheng v. New York Telephone Co.

64 F. Supp. 2d 280 · District Court, S.D. New York · Aug 31, 1999

Connecticut General Life Insurance Co., 92 F.3d 81, 87 (2d Cir.1996) A plaintiff establishes a 'pri-ma facie case by showing (1) that he is a member of a protected class; (2) that he was qualified for the position he held … To the extent that plaintiff asserts a claim for breach of CWA’s duty of fair representation, this claim is clearly time-barred.

Messer v. Peykar International Co. (In re Fine Diamonds, LLC)

510 B.R. 31 · District Court, S.D. New York · Apr 11, 2014

After inspecting these diamonds, Lester established that these were diamonds of inferior quality having little value. Id. … Neither the Peykars’ Motion to Correct Error nor Designations contain sufficient specificity to qualify as objections.

Montoya v. Ing Life Insurance & Annuity Co.

653 F. Supp. 2d 344 · District Court, S.D. New York · Aug 31, 2009

Tollman, 380 U.S. 1, 16 , 85 S.Ct. 792 , 13 L.Ed.2d 616 (1965) (“When the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order.”). … Under section 403(b) of the Internal Revenue Code, to qualify for tax deferral, an “annuity contract” must be purchased: (i) for an employee by an employer described in section 501(c)(3) which is exempt from tax under section

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.

In Re: Bernard L. Madoff Investment Securities LLC

District Court, S.D. New York · Mar 25, 2024

In PIFSS, Jadge Woods found inapplicable the “direct effects” exception to foreign sovereign immunity under the Foreign Sovereign Immunities Act (“FSIA”), requiring dismissal of the Trustee’s claim. … Int'l Nominees Establishment y. Republic of Guinea, 693 F.2d 1094, 1105 n.18 (D.C.

Associated Telephone and Telegraph Co. v. United States

199 F. Supp. 452 · District Court, S.D. New York · Nov 8, 1961

The doctrine of legislative reenactment is well established. In Heald v. … To read into this section the allowance of double deduction would clearly be a judicial intrusion into a legislative area.

Torres v. Bowen

700 F. Supp. 1306 · District Court, S.D. New York · Dec 9, 1988

To qualify for disability benefits under the Social Security Act, the plaintiff must be unable to perform his previous work or any other kind of substantial work. Dousewicz v. Harris, 646 F.2d 771, 772 (2d Cir.1981). … CONCLUSION In conclusion the decision of the AU is contrary to the facts established by the record and cannot stand.

Goldman v. Cox Media Group, LLC

District Court, S.D. New York · Mar 6, 2020

In addition, documents may be designated “CONFIDENTIAL” by other means that clearly communicate that designation. D. … , or any other applicable privilege or immunity from disclosure shall not constitute a waiver of, nor a prejudice to, any claim that such or related material is privileged or protected by the work product immunity or any

Yonkers Commission on Human Rights v. City of Yonkers

654 F. Supp. 544 · District Court, S.D. New York · Feb 24, 1987

Finally, it is well established that Constitutional due process rights do not inhere in municipal corporations as against the state of their creation. … Stauf clearly lacks the standing to bring this suit.

Bi-Rite Enterprises, Inc. v. Button Master

555 F. Supp. 1188 · District Court, S.D. New York · Jan 14, 1983

The section is clearly remedial and should be broadly construed.” And they rely heavily on Boston Professional Hockey Assn, Inc. v. … The group Performers also qualify for summary judgment. While only one court has apparently recognized a group’s right of publicity, see Winterland Concessions Co. v.

Floyd v. City of New York

861 F. Supp. 2d 274 · District Court, S.D. New York · Apr 16, 2012

Although some of these narratives might help establish reasonable suspicion when combined with other factors, standing alone they do not. … It is also clear, however, that some combinations of Side 2 factors would be insufficient to establish reasonable suspicion.

Grullon v. The Administration for Children's Services

District Court, S.D. New York · Mar 16, 2021

immunity because “it was objectively reasonable for the caseworkers to believe their conduct did not violate clearly established statutory or constitutional rights of which a reasonable caseworker would have known.” … However, at the time of the conduct alleged here, it was clearly established that ACS could not rely on information it knew to be false in removing a child from her parent.

United States ex rel. Lee Kum Hoy v. Shaughnessy

133 F. Supp. 850 · District Court, S.D. New York · Aug 8, 1955

I held that relators’ first point was unfounded but that “[i]f the facts established a deliberate use of the blood test technique to exclude Chinese and admit others similarly qualified except for race, the discrimination … would clearly be unconstitutional” and I stated that the writ would be sustained unless the hearing before the Board of Special Inquiry were reopened “for the purpose of (a) the introduction of evidence with respect to the

Committee for Public Education & Religious Liberty v. Rockefeller

322 F. Supp. 678 · District Court, S.D. New York · Jan 28, 1971

to aid religion, but rather to support the secular purpose of assuring that children attending nonpublic schools comply with the compulsory attendance laws of the state, that they are receiving an adequate education from qualified … In Data Processing (which followed by a year the Lemon opinion on which defendants rely) the Court quite clearly adopted a broad-gauged approach to the definition of standing.

Makey Deli Grocery Inc. v. United States

873 F. Supp. 2d 516 · District Court, S.D. New York · Jun 4, 2012

Given the operative regulations and policy ... regarding the imposition of hardship civil money penalties, [Makey] clearly does not qualify for such a penalty.” (A.R. 190). … That finding was well supported by the record, which established that “at least fifty authorized retail food stores [existed] within a .33 mile radius” of Makey (A.R. 190), including two within a tenth of a mile that were

New York Times Co. v. United States Department of Justice

235 F. Supp. 3d 522 · District Court, S.D. New York · Feb 21, 2017

October 15, 1998) (“It is well established that [Fed. R. Crim. … And the statutes clearly cover the categories of information that DOJ seeks, to withhold. See Schoenman v.