Case law

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.

Curtis v. Rockland County Drug Task Force

District Court, S.D. New York · Oct 28, 2022

A judgment in Plaintiff’s favor on the unlawful search and seizure claim would clearly imply the invalidity of his conviction, and the claim is therefore barred by Heck v. … immunity.

Wallace v. Intralinks

302 F.R.D. 310 · District Court, S.D. New York · Sep 30, 2014

Some of these conferences are clearly irrelevant because they occurred before IntraLinks allegedly had reason to know that it would lose FDIC’s business. … Defendants do not dispute that the Fund’s counsel, Cohen Milstein, is highly experienced and qualified to prosecute the class action.

Dodge v. County of Orange

209 F.R.D. 65 · District Court, S.D. New York · Jul 24, 2002

Ellison, 273 F.3d 56 (2d Cir.2001), the Court of Appeals held that the law on this point was so well-settled by July 1995 that qualified immunity was not available to shield an officer from liability for conducting a strip … I have no doubt that, if a new arrival at the OCCF qualifies under any criterion set forth in Section 5.3.1, he will be strip searched.

Ritzie v. City University of New York

703 F. Supp. 271 · District Court, S.D. New York · Jan 5, 1989

Absent explicit waiver by the state of its immunity, which is not found, plaintiff cannot recover money damages on her constitutional due process, equal protection, and contract *277 claims from these defendants. … He held a Ph.D. in Educational Psychology, and was otherwise considerably more qualified than plaintiff.

Woods v. State

469 F. Supp. 1127 · District Court, S.D. New York · Apr 11, 1979

The record establishes that the defendants exercised great patience and reasonableness, and it is Woods himself who often appears preemptory and petulant. … United States, 424 U.S. 800, 817 , 96 S.Ct. 1236 , 47 L.Ed.2d 483 (1976). [17] The Court does not reach the claims of various defendants that they are immune from a damages action. [18] N.Y.Civ.Serv.Rules § 35.5(a)(6). [19

Third Church of Christ v. City of New York

617 F. Supp. 2d 201 · District Court, S.D. New York · Dec 2, 2008

These functions will be operated by a highly qualified, fully insured professional caterer who will be under contract with the Church ... The functions will be restricted by the contract with the Church ... … An institution is “an established society or corporation: an establishment or foundation esp. of a public character,” Webster’s 3d New Int’l Unabridged Dictionary 1171 (1993); or ”[a]n established organization, esp. one of

Snyder v. Allen

District Court, S.D. New York · Mar 13, 2020

d ADA Claim To establish a violation of the ADA, a plaintiff must prove, “(1) that [s]he is a ‘qualified individual’ with a disability; (2) that [s]he was excluded from participation in a public entity’s services … Here, Plaintiffs claims fail to adequately allege that she is a qualified individual with a disability.

United States v. Davis

803 F. Supp. 830 · District Court, S.D. New York · Oct 27, 1992

Contrary to the Government’s contentions the record clearly establishes that the shipyard had an entrenched history of chronic labor problems, Tr. 2833-36, 2847-51, 2896-92 (Beggs, 2/6), and that the labor build-up in the … Moreover, Jett did not involve sovereign immunity concerns, yet the Court held § 1983 preemptive in that case.

O'SULLIVAN v. New York Times

37 F. Supp. 2d 307 · District Court, S.D. New York · Mar 16, 1999

The burden of establishing that no genuine factual dispute exists rests on the party seeking summary judgment. Chambers, 43 F.3d at 36 . … The defendant has clearly met its burden in rebutting plaintiffs’ prima facie case by offering numerous affidavits and depositions demonstrating the non-discriminatory basis for its decisions to discharge plaintiffs.

W.M.C.A. Inc. v. Simon

196 F. Supp. 758 · District Court, S.D. New York · Jul 7, 1961

Inc., a New York corporation, characterized in the complaint as a “taxpayer” (par. 3 of complaint), plaintiffs are all individuals described as “citizens,” “taxpayers,” and “qualified voters” (par. 4 of complaint) from four … But, in any event, it has not been established to the court’s full satisfaction that the instant bill of complaint, whatever its ultimate fate, presents a question that has been clearly settled by decisions of the Supreme

Greenfield v. Cadian Capital Management, LP

213 F. Supp. 3d 509 · District Court, S.D. New York · Sep 30, 2016

The Court concludes, therefore, that Cadian Capital does not qualify for the RIA Exemption. … In 1989, before the SEC established the RIA Exemption, it sought comment on whether to exclude entities such as hedge funds from the exemption.

Watson v. Paulson

578 F. Supp. 2d 554 · District Court, S.D. New York · Sep 19, 2008

To establish a prima facie case of discrimination a plaintiff must show that: (1) she was within a protected group; (2) she was qualified for and satisfactorily performed the functions of her position; (3) she suffered an … Watson’s personnel file did not reflect any such resignation, and clearly, as Watson is still employed by the IRS, no resignation was effected.

Mathias v. Daily News, L.P.

152 F. Supp. 2d 465 · District Court, S.D. New York · Jul 23, 2001

In other words, the test forces courts to distinguish between clearly anticompetitive below-cost pricing and price discrimination that promotes competition. … This allegation is sufficient to suggest that the underlying dispute relates to the sale of the Newspaper, which clearly qualifies as a product or commodity.

Republic Aviation Corporation v. Lowe

69 F. Supp. 472 · District Court, S.D. New York · Nov 19, 1946

certain technical representatives for assignment overseas; and “Whereas, it is in the interest of the Government in the prosecution of the war to contract at this time for the service of Three (3) additional representatives qualified … If Parker had been rendering his services under the contract in question at one of the military air bases acquired from Great Britain in exchange for the 50 destroyers, he clearly would have been covered by subdivision (a

Reiss v. Gan S.A.

78 F. Supp. 2d 147 · District Court, S.D. New York · Jul 29, 1999

The parties disagree, however, as to whether Reiss qualifies for one of the statute’s enumerated exceptions. … Feb. 16, 1994), the single reference cited by plaintiff clearly does not meet this standard.

Fahey v. United States

153 F. Supp. 878 · District Court, S.D. New York · Jul 26, 1957

The objective is to return the patient to society, which should be done as soon as, in the judgment of properly qualified doctors and psychiatrists, it is likely to be safe for others and helpful to the patient. *** “ * * … Such conduct is clearly within the scope of the exception and clearly not actionable.

Barry

District Court, S.D. New York · Oct 9, 2025

Although Plaintiff alleges that Besso was “assigned” to represent him, (AC at 24), “it is well-established that court-appointed attorneys performing a lawyer’s traditional functions as counsel . . . do not act under color … The conduct with which Plaintiff takes issue – Judge Senft’s decision that adjournments counted against Plaintiff for Speedy Trial Act purposes (AC at 24, 27-28) – was clearly judicial action. See Coombs v.

Mass v. McClenahan

893 F. Supp. 225 · District Court, S.D. New York · May 8, 1995

If this is in fact what happened, the public policy embodied in § 1981 clearly requires that plaintiff be provided with a remedy. … To establish a claim under § 1985(3), plaintiff must show that the defendants (1) engaged in a conspiracy; (2) acted for the purpose of depriving a person of equal protection of the laws or equal privileges and immunities

Yates v. Bair Transport, Inc.

249 F. Supp. 681 · District Court, S.D. New York · Dec 2, 1965

with her position at trial], which are most germane to the question of plaintiff’s shelter, were the Department of Welfare’s business and the prac *686 tice * * * of maintaining records on those receiving welfare support qualified … As the statute clearly states, such a matter may be shown to affect the weight to be given the report, but it does not preclude its admission in evidence.” 263 F.2d at 615.