Case law

DBL Liquidating Trust v. Clarkson Construction Co. (In Re Drexel Burnham Lambert Group, Inc.)

157 B.R. 539 · District Court, S.D. New York · Aug 6, 1993

Snapp was clearly qualified to retain such authority, holding “a bachelor’s in economics and a bachelor’s in business administration, and some additional graduate courses in business,” and having “experience in the field … This testimony establishes conclusively Carpenter’s phone calls to Bill Clarkson in no way materially affected or impaired the review of the confirmation notices and monthly statements by Snapp, the qualified individual designated

Limauro v. Consolidated Edison Company of New York, Inc.

District Court, S.D. New York · Feb 9, 2021

To establish a retaliation claim under the FMLA, a plaintiff “must establish that: (1) he exercised rights protected under the FMLA; (2) he was qualified for his position; (3) he suffered an adverse employment action … To establish an interference claim: a plaintiff must establish: (1) that she is an eligible employee under the FMLA; (2) that the defendant is an employer as defined by the FMLA;

At Cross Company v. Jonathan Bradley Pens, Inc.

355 F. Supp. 365 · District Court, S.D. New York · Oct 25, 1972

The decisional law, however, has established various relevant factors which should be weighed in reaching a decision. … Whether classified as weak or strong, plaintiff’s mark would seem to qualify for protection. Weak marks are generally generic or descriptive, see W. E. Basset Co. v.

Domenech v. City of New York

919 F. Supp. 702 · District Court, S.D. New York · Mar 25, 1996

Domenech has thus established the first element of a prima facie case of retaliation. 2. … In the instant case, the Police Commissioner and the Mayor may be liable under a Monell claim as final policymakers with respect to retaliatory action within the NYPD. 1 Monell and its progeny clearly establish that the liability

McClain v. The City Of New York

District Court, S.D. New York · Nov 21, 2019

Plaintiff’s counsel specifically pointed to the substantial risk in failing to establish damages at trial above the Rule 68 offer amount of $1,001. … Plaintiff’s counsel referenced the risk, echoed by Defendants’ counsel, that Defendants would be able to establish qualified immunity based on the officers acting within the scope of their duty in carrying out the search

Sado v. Israel

882 F. Supp. 1401 · District Court, S.D. New York · Apr 18, 1995

These elements must be established by clear and convincing evidence, Simcuski v. … HUGHES: It is qualified. MR. SADO: I don't know why they haven’t sued me if I made defamatory statements. THE COURT: As you know, I have gotten complaints. I got a complaint from Ms.

United States v. Ambrosio

898 F. Supp. 177 · District Court, S.D. New York · Sep 1, 1995

Reckless disregard may be inferred where the omitted information was “clearly critical to the probable cause determination.” Rivera, 928 F.2d at 604 . … Enera, 616 F.Supp. 1145, 1149 (D.Md.1985) (“a link between the individual, the telephone, and the offense must be established”). 9 .

In Re DRDGOLD Ltd. Securities Litigation

472 F. Supp. 2d 562 · District Court, S.D. New York · Jan 31, 2007

This motive is also insufficient to establish scienter and is routinely rejected by the courts.”). … Such an unsubstantiated allegation clearly lacks the necessary particularity to support a securities fraud claim.

Latin American Music Co. v. Spanish Broadcasting System, Inc.

232 F. Supp. 3d 384 · District Court, S.D. New York · Feb 6, 2017

and because Defendant possessed valid licenses to perform these songs, (2) Plaintiffs have not introduced any evidence of infringement of certain songs, (3) Plaintiffs are limited to statutory damages, and (4) Defendant qualifies … Feb. 26, 2008) (plaintiff “clearly elected to pursue statutory damages” by requesting such damages in his amended complaint and repeating that request in a submission made in connection with an inquest on damages after entry

American Civil Liberties Union v. Department of Defense

723 F. Supp. 2d 621 · District Court, S.D. New York · Jul 15, 2010

Congress demonstrated its ability to qualify and limit other FOIA exemptions in such a manner, but did not do so in Exemption 3. … Exemption 3 is not qualified in the way Plaintiff suggests.

Carey v. General Electric Company

213 F. Supp. 276 · District Court, S.D. New York · Apr 19, 1962

or modify the wage, piece rate, or job classification established by the Company. … Gladding, McBean & Co., supra, illustrates a situation in which I think the question of procedural arbitrability was clearly for the court, as Judge Yankwich held.

Kosanowsky v. United States Department of Army

659 F. Supp. 872 · District Court, S.D. New York · May 8, 1987

substantive rights.”). *876 It is true that there is a “government policy,” codified at 29 C.F.R. § 1613.704 (a) (1984) that “[a]n agency shall make reasonable accommodation to the known physical or mental limitations of a qualified … Kosanowsky’s letter, with the appended EEOC decision, clearly satisfied these requirements.

Shapiro v. Berger

328 F. Supp. 2d 496 · District Court, S.D. New York · Aug 5, 2004

There Is No Constitutional Right to A Primary Election “To maintain a cause of action under § 1983 plaintiff must show: 1) that he has been deprived of a right, privilege, or immunity secured by the Constitution and laws … I doubt that this argument ever held water, but after Vieth , it clearly does not. Shapiro is not without recourse if he wishes to run for the new Town Justice position.

Betts v. Sixty Lower East Side, LLC

District Court, S.D. New York · Jun 30, 2025

Otonichar’s credentials, is more than sufficient to establish that he is qualified to serve as an expert in this proceeding. See Colon ex rel. Molina v. BIC USA, Inc., 199 F. … Otonichar has not sufficiently set forth an established methodology used to reach his opinion.

Rockefeller Center Luncheon Club, Inc. v. Johnson

131 F. Supp. 703 · District Court, S.D. New York · Jun 1, 1955

Clearly, the answer is in the negative. The evidence establishes that the guests, with unimportant exception, were so-called “business guests". … Again the answer clearly is in the negative.

Evans Medical Ltd. v. American Cyanamid Co.

980 F. Supp. 132 · District Court, S.D. New York · Nov 21, 1997

BACKGROUND The patents at issue in this action relate to a pertussis antigen for use in vaccines to immunize children against whooping cough. … Such evidence is clearly insufficient to carry defendants’ burden, not to mention defendants’ failure to allege these uses in their pleadings.

COMMITTEE FOR PUBLIC EDUCATION & RELIG. LIB. v. Levitt

342 F. Supp. 439 · District Court, S.D. New York · Apr 27, 1972

We are guided so clearly by the decision of the Supreme Court last term in Lemon v. Kurtzman and Earley v. DiCenso, 403 U.S. 602 , 91 S. … Indeed, reimbursement for attendance and examination services duly performed by operation of law is clearly within the guidelines established by the Supreme Court in Lemon-Earley where it said (403 U.S. at page 616, 91 S.Ct

Monserrate v. NEW YORK STATE SENATE

695 F. Supp. 2d 80 · District Court, S.D. New York · Feb 19, 2010

The first factor clearly weighs in Mon-serrate’s favor. … Moreover, because state immunity extends to state officers who act on behalf of the state, see Puerto Rico Aqueduct & Sewer Auth. v.

United States v. Muyet

994 F. Supp. 501 · District Court, S.D. New York · Feb 20, 1998

Additionally, Feliciano clearly was aware of the existence and nature of the Nasty Boys enterprise. … This argument ignores the clearly settled law of the Second Circuit, and is meritless.

New York State National Organization for Women v. Terry

94 F. Supp. 2d 465 · District Court, S.D. New York · Apr 26, 2000

facilities; trespass; infliction of emotional harm; tortious harassment; false imprisonment; conspiracy to deny women seeking abortion or family planning services the equal protection of the laws and equal privileges and immunities … The assertion that the sanctions were civil rather than criminal did not contradict any well established legal precedent at the time.