Case law

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.

Okun v. Montefiore Medical Center

970 F. Supp. 2d 267 · District Court, S.D. New York · Sep 10, 2013

was established or is maintained for the purpose of providing for its participants or their beneficiaries ... … Once an employee qualifies for severance, severance payments are made based on an arithmetical calculation of how much the employee is owed.

Witcher v. New York City Department of Education

District Court, S.D. New York · Mar 23, 2023

A decision is “clearly erroneous” when, “upon review of the entire record, [the court is] left with the definite and firm conviction that a mistake has been committed.” United States v. … is not established.”)

Henderson v. New York

423 F. Supp. 2d 129 · District Court, S.D. New York · Mar 14, 2006

The remaining defendants also argue qualified immunity, but it is not necessary to reach that issue, since plaintiff has not made out any constitutional violation. … S, IG Inv., Confidential 159-189. ■ The cumulation of this evidence was sufficient to convince the independent arbitrator (who had the opportunity to perceive plaintiffs testimony on the issue), and clearly satisfies defendants

National Gear & Piston, Inc. v. Cummins Power Systems, LLC

861 F. Supp. 2d 344 · District Court, S.D. New York · May 17, 2012

“Here, the parties’ briefs assume that New York law controls this issue, and such implied consent is sufficient to establish choice of law.” Motorola Credit Corp. v. … National Gear and Piston does not have any qualified technicians trained for current or past midrange Cummins engines.

Thomas v. Martin-Gibbons

District Court, S.D. New York · Aug 25, 2020

�e State of New York has not waived its sovereign immunity in cases like these; nor has Congress abrogated that immunity. See Chris H. v. New York, 764 F. App’x 53, 55 (2d Cir. 2019). … �e claims against Judge Mulroy clearly meet this bar.

John H. Woodbury, Inc. v. William A. Woodbury Corp.

23 F. Supp. 162 · District Court, S.D. New York · Jan 31, 1938

This, clearly, was unjustifiable. … Confusion being established beyond all doubt, should the injunction be qualified or absolute? Plaintiff contends _ that, after William A.

Robinson v. Sanctuary Record Groups, Ltd.

542 F. Supp. 2d 284 · District Court, S.D. New York · Apr 8, 2008

a magistrate judge’s report may adopt those portions to which no “specific, written objection” is made, as long as the factual and legal bases supporting the findings and conclusions set forth in those sections are not clearly … established now.”).)

In re Lifetrade Litigation

District Court, S.D. New York · Jul 10, 2023

The Documents produced in response to this request shall be marked and arranged in such a way as to indicate clearly the request to which each such document is responsive. 21. Scope. … Privilege or Immunity from Production.

Gianna Enterprises v. Miss World (Jersey) Ltd.

551 F. Supp. 1348 · District Court, S.D. New York · Dec 6, 1982

Under this section, which retains traditional common-law means of acquiring jurisdiction, jurisdiction may be gained over out-of-state defendants that establish sufficient contacts with the state to establish that they were … The relationship between the owners of Miss World and World-Wide establishes the defendants’ jurisdictional presence.

Cary Oil Co. v. MG Refining & Marketing, Inc.

230 F. Supp. 2d 439 · District Court, S.D. New York · Oct 31, 2002

Absent some exception to § 4, the flexie contracts would therefore qualify as unlawful off-exchange futures contracts. … Although Plaintiffs also assert that the flexie contracts at issue qualify for the trade option exception, they are clearly incorrect.

Brown v. Hutton Group

795 F. Supp. 1307 · District Court, S.D. New York · Apr 27, 1992

The Court of Appeals explained the Chevron test as follows: To qualify for purely prospective application, a decision ‘must establish a new principle of law, either by overruling clear past precedent on which litigants may … have relied, ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed.’

Brody v. McCoy

257 F. Supp. 209 · District Court, S.D. New York · Aug 1, 1966

By constitutional amendments and implementing statutes effective September 1, 1962, the State of New York undertook to establish a more nearly unified court system. … In any event, at this preliminary stage, plaintiffs make no convincing demonstration that it lacks “some reasonable basis;” and they are clearly not entitled to a restraint merely because it may be that the classification

In re Sapphire Steamship

38 B.R. 155 · District Court, S.D. New York · Mar 9, 1984

In addition, case law clearly establishes that a nonoperating trustee is liable for the payment of federal income tax. See In re I.J. … As the Court in Frankel, supra, stated: “Congress could very easily have manifested any other intent by a limiting or qualifying provision.” Frankel, 192 F.Supp. at 777-78 .

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.

City of New York v. TAVERN ON THE GREEN, LP

427 B.R. 233 · District Court, S.D. New York · Mar 10, 2010

However, the court in Bazaar did not examine the question of prior rights under New York law, and the facts of that case are clearly distinguishable. … Angel Flight Am., Inc., 522 F.3d 1200, 1210-11 (11th Cir.2008) (“Purposely failing to disclose other users’ rights to use the same or similar marks may qualify as a material *243 omission justifying cancellation of a trademark

Drews

District Court, S.D. New York · Jan 20, 2026

Court must dismiss an in forma pauperis complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … claim of conspiracy under Section 1985(3), a plaintiff must allege facts suggesting the existence of: (1) a conspiracy; (2) for the purpose of depriving the plaintiff of the equal protection (or the equal privileges or immunities

State of Qatar v. First Abu Dhabi Bank PJSC

District Court, S.D. New York · Jan 14, 2020

No. 34-6 (Saudi royal decree establishing the Saudi Arabian Monetary Agency). … The Court is thus skeptical that an entity could qualify as an organ even though it does not satisfy any of the Filler factors.

Securities and Exchange Commission v. Cooper

402 F. Supp. 516 · District Court, S.D. New York · Aug 7, 1975

The evidence also establishes that the architect of this operation was the defendant D’Onofrio. … Merely consulting the SEC on a rescission offer’s terms and reporting the names of purchasers in an offering does not immunize the parties involved in the offering.