Case law

Chevalier v. The City of New York

District Court, S.D. New York · Apr 16, 2020

Qualified Immunity Even if Chevalier had established a genuine dispute of material fact regarding whether the Defendants had probable cause to arrest him, the Defendants would … be protected by qualified immunity.

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.

Bohan v. Kuhlmann

234 F. Supp. 2d 231 · District Court, S.D. New York · Aug 9, 2002

The Court further addressed the meaning of the phrase “clearly established Federal law.” See id. at 412 , 120 S.Ct. 1495 . … Rodriguez’s testimony was contrary to clearly established federal law and this error was not harmless, Mr.

Fleischer v. A.A.P., Inc.

180 F. Supp. 717 · District Court, S.D. New York · Jul 15, 1959

Before it may be determined that a portion of a complaint is immaterial it must clearly appear that the matter alleged can have no possible bearing on the issues of the trial, a question which is most difficult to determine … By that agreement, now immune from attack under the antitrust, laws because of the statute of limitations,, the defendants, as alleged in the amended complaint, received the right to deal-with the distribution rights to the

Zurndorfer v. Unum Life Insurance Co. of America

543 F. Supp. 2d 242 · District Court, S.D. New York · Mar 31, 2008

Of course, it was also the conclusion reached by Unum itself when defendant decided she was qualified for long-term disability in November 2002. … Unum is correct to a point: her actual condition in November 2003 does not establish what her actual condition was in May 2003.

Kieselstein-Cord v. Accessories by Pearl, Inc.

489 F. Supp. 732 · District Court, S.D. New York · May 7, 1980

If defendant has sold the unauthorized copies, which he admits, defendant’s liability— given a valid copyright — is established. … (c) If the sole intrinsic function of an article is its utility, the fact that the article is unique and attractively shaped will not qualify it as a work of art.

Harborview Master Fund, LP v. Lightpath Technologies, Inc.

601 F. Supp. 2d 537 · District Court, S.D. New York · Jan 30, 2009

Brizel end[s] his relationship with the company before a qualified replacement is found, then our business, prospects and results of operations could be materially adversely affected. … Brizel and such adverse affects could continue if we are unable to employ a qualified candidate for position in a timely manner. (Id. ¶33 (emphasis added by plaintiff in complaint)).

Petrosurance, Inc. v. National Ass'n of Insurance Commissioners

888 F. Supp. 2d 491 · District Court, S.D. New York · Aug 20, 2012

The complaint is clearly a strained effort to concoct a theory to somehow recover for the actions of the OSI, whom plaintiff has already released all of its claims against, and the Trial Court, an entity immune from suit … The Amicus Brief clearly cannot satisfy this requirement because, as discussed, under plaintiff's theory, it exposed defendants’ fraud.

Withers v. TEACHERS'RETIREMENT SYSTEM, ETC.

447 F. Supp. 1248 · District Court, S.D. New York · Mar 9, 1978

The TRS was established in 1917 as an actuarially reserved pension system. … Under applicable New York law, the trustees clearly fulfilled their obligation of independently investigating the facts.

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.

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.

Local 732, International Brotherhood of Teamsters v. National Mediation Board

438 F. Supp. 1357 · District Court, S.D. New York · Oct 12, 1977

If the Board determines to conduct an election, it is to “designate who may participate in the election and establish the rules to govern the election * * Id. … Plaintiffs’ objection to the NMB’s ruling on this point is far removed from the demonstration of administrative action clearly in excess of delegated authority contemplated by Lee dom v. Kyne, supra.

Kukaj v. Town of Eastchester

District Court, S.D. New York · Jan 23, 2025

As Defendants have put forward a “unified theory of defense” that includes qualified immunity for all individual Defendants (see Doc. 5; Doc. 10), no conflict of interest has “materialized.” … “An action arises under federal law if the complaint ‘establishes either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of

Columbia Pictures Industries, Inc. v. Liberty Cable, Inc.

919 F. Supp. 685 · District Court, S.D. New York · Mar 18, 1996

Plaintiffs allege that the defendant is a cable system within the F.C.C.’s definition and that defendant violated the compulsory licensing plan established by the Copyright Office. … Applying this definition to the facts before me, I find that defendant’s inaction clearly rises to this standard.

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.

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

Komatsu v. United States of America

District Court, S.D. New York · Jan 19, 2023

The sovereign immunity bar is “jurisdictional in nature.” Id. … , unless such immunity is waived.

United States v. All Funds on Deposit at Wells Fargo Bank

643 F. Supp. 2d 577 · District Court, S.D. New York · Aug 11, 2009

These documents clearly fall within the definition of “judicial documents” and public access to them facilitates public monitoring of the various government agencies and branches. … It is noteworthy that, in In re NYT Wiretap, the Second Circuit looked to the statutorily-established presumption of confidentiality and privacy at the wiretap application stage rather than the fact that "[i]n the ordinary

Berkowitz v. East Ramapo Central School District

932 F. Supp. 2d 513 · District Court, S.D. New York · Mar 21, 2013

This provision shall not be expanded under any circumstances to include anyone other than those who qualify as provided above. Am. Compl. ¶ 22; Pis.’ 56.1 Stmt. ¶ 10. … The Agreements clearly state that accumulated leave may only be used for personal illness. Kirby Aff., Exs. 1 at 22; 2 at 7. .

Steingut v. Guaranty Trust Co. of New York

58 F. Supp. 623 · District Court, S.D. New York · Dec 15, 1944

World War I was concluded; the authority of the Soviet Government was gradually established. … They duly qualified. On June 20, 1936, they served upon the defendant a copy of the order appointing them and a demand for the money owing to Russo-Asiatic.