Case law

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.

Harcourt, Brace & World, Inc. v. Graphic Controls Corp.

329 F. Supp. 517 · District Court, S.D. New York · Jul 27, 1971

As described above, the answer sheets involved here contain sufficient originality in their design to qualify as writings. … ’s copyrights, although the proof is insufficient to establish the extent of the infringement.”

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.

Pegoraro v. Marrero

281 F.R.D. 122 · District Court, S.D. New York · Feb 3, 2012

evaluating a magistrate judge’s order with respect to a matter not dispositive of a claim or defense may adopt the magistrate judge’s findings and conclusions as long as the factual and legal bases supporting the ruling are not clearly … The defendants contend the plaintiff speculates about the content of Marrero’s personnel folder and, whether she believed that he was not qualified to be a corporate compliance officer is irrelevant.

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.

Martin Ice Cream Co. v. Chipwich, Inc.

554 F. Supp. 933 · District Court, S.D. New York · Jan 7, 1983

More generally, the defendants have not established that they were a single economic entity for antitrust purposes. … Clearly, it is to the advantage of the parties and the Court, to have this issue determined as early in the litigation as possible. 19 .

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. .

Jefferies & Company, Inc. v. Arkus-Duntov

357 F. Supp. 1206 · District Court, S.D. New York · Apr 12, 1973

I find that causation can be established as a matter of law since the broker was harmed by the alleged securities violations. … If then, as I believe, Jefferies would have been immune from the recovery of damages by Duntov, does the circumstance that it drew the check to Duntov before it knew the facts change the result?

Securities & Exchange Commission v. Bremont

954 F. Supp. 726 · District Court, S.D. New York · Feb 18, 1997

(Troncoso Dec.Ex. 21, at 196-97) Considering the sums involved and the risks to his clients, the SEC is likely to establish that such behavior comfortably qualifies as reckless. … Such behavior clearly satisfies Rule 10b-5’s “in connection with” language.

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.

Quickway Metal Fabricators, Inc. v. Grossinger's Associates (In re Grossinger's Associates)

125 B.R. 106 · District Court, S.D. New York · Mar 15, 1991

It was clearly appropriated to the use intended, namely to serve as a Porte Cochere, or canopy attached to the main building just outside the lobby. … It was clearly to be used as a permanent canopy affixed to the building protecting arriving guests and others from inclement weather and bright sun.

R. H. Macy & Co. v. United States

148 F. Supp. 377 · District Court, S.D. New York · Jan 31, 1957

in paragraph (1) may be used — • “(A) Only in inventorying goods * * * specified in an application to use such method filed at such time and in such manner as the Commissioner may prescribe; and “(B) Only if the taxpayer establishes … At Issue is not whether subdivision 3 is to be upheld but rather whether it is to be expanded to encompass a class of taxpayers clearly not envisaged when it was promulgated.

Lawlor v. Gallagher Presidents' Report, Inc.

394 F. Supp. 721 · District Court, S.D. New York · May 13, 1975

Plaintiff also established a mailing address and answering service for the Mark Group in Stamford, Connecticut. … Clearly, the State of New York has a strong and legitimate interest in compensating private individuals for actual injury to reputation, but under Gertz v.

National Auto Brokers Corp. v. General Motors Corp.

60 F.R.D. 476 · District Court, S.D. New York · Aug 3, 1973

Clearly, I could not permit Kings or Olympia to act as representative of injunction claims against Time Incorporated. … But clearly the most obvious and significant type of claims against the agency defendants would be by those persons who had dealt with those firms.

Husserl v. Swiss Air Transport Company, Ltd.

351 F. Supp. 702 · District Court, S.D. New York · Nov 3, 1972

The Warsaw Convention as modified functions to redistribute the costs involved in air transportation: the carrier is best qualified initially to develop defensive mechanisms to avoid such incidents, since it physically controls … Moreover, a prime canon of treaty construction is to look to the subsequent action of the parties for the interpretation of the treaty in areas clearly unanticipated at the time. 6 Hence, it is'ruled that a hijacking is within

General Motors Corp. v. Fiat S.P.A

678 F. Supp. 2d 141 · District Court, S.D. New York · Jul 22, 2009

resolution proceedings between the parties are unsuccessful, Sections 16.2 through 16.4 of the Termination Agreement provide for a Binding Dispute Resolution Process, including presentations before a Mediator and optional Qualified … This again clearly demonstrates that the parties did not intend for the Master Separation Agreement to be superceded in whole by the ECSA, let alone its specific remedies.

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.

Human Rights Def. Ctr. v. Baxter Cnty.

384 F. Supp. 3d 998 · District Court, S.D. New York · Apr 25, 2019

Thus, the proof established all three elements necessary for Monell liability. … Such an inspection process would clearly be more efficient than inspecting letters, books, magazines, etc.

Madanes v. Madanes

981 F. Supp. 241 · District Court, S.D. New York · Oct 8, 1997

Madanes, and thus may qualify as predicate acts for purposes of § 1962(c). … Madanes, and the Plaintiffs offer of facts clearly supports her allegations.

Rivera v. Annucci

District Court, S.D. New York · Jun 11, 2021

To that point, it is well settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v. … immunity or the availability of declaratory relief.