Case law

First American International Bank v. Community's Bank

771 F. Supp. 2d 276 · District Court, S.D. New York · Jan 11, 2011

FAIB held loans that qualified it for an award beyond the $700,000 cap. … In FAIB’s account, CDFIF “clearly and unequivocally stated that there was nothing prohibiting FAIB and TCB from entering into or consummating the agreement that is at issue in this case.” (FAIB Ltr. Br.

Bogues v. United States

703 F. Supp. 2d 318 · District Court, S.D. New York · Mar 22, 2010

Consequently, each subrecipient shall be required to submit a deeming application, through the eligible Health Center, in order to qualify for FTCA coverage. … Section 7 of PIN 99-08 clearly states that “[sjubrecipients are required to meet the same deeming requirements as the eligible Health Center.”

In re Saic Inc. Derivative Litigation

948 F. Supp. 2d 366 · District Court, S.D. New York · Jun 10, 2013

Sept. 19, 2005) (“Aronson is clearly inapposite to the inaction claim as pled in the instant case.”). … Moreover, Plaintiffs have not adequately alleged facts demonstrating that CityTime qualified as a “core operation.”

Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLC

127 F. Supp. 3d 156 · District Court, S.D. New York · Aug 31, 2015

The Trustee holds the Portfolio Collateral, collects proceeds, and distributes them to Noteholders in accord with an established payment waterfall. … But such facts, even if established, could do no more than provide an alternative basis on which to hold that Gubin’s offer did not satisfy § 12.2.

Travieso v. Major League Soccer, L.L.C.

District Court, S.D. New York · Oct 14, 2021

The Party that disclosed the material retains the burden of establishing the privileged or protected nature of any inadvertently disclosed information. … protection, or other immunity from disclosure as to any material not produced, regardless of the subject matter. 11.

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.

King v. Cunningham

442 F. Supp. 2d 171 · District Court, S.D. New York · Aug 9, 2006

Moreover, the April 7, 2004 Order clearly indicated that King’s Amended Petition “will entirely replace the original petition.” … a clear or consistent path for courts to follow;” yet, it concluded that it has been "clearly established” by the Supreme Court that “a gross proportionality principle is applicable to sentences for terms of years.”

Financial Technologies International, Inc. v. Smith

247 F. Supp. 2d 397 · District Court, S.D. New York · Nov 6, 2002

To establish a genuine issue of material fact, the opposing party “‘must produce specific facts indicating’ that a genuine factual issue exists.” Scotto, 143 F.3d at 114 (quoting Wright v. … In addition, all items “which qualify as FTI property” are to be marked as copyrighted by FTI. (Id.)

Dugas

District Court, S.D. New York · Nov 25, 2025

The burden of establishing standing to sue rests with the party bringing the action. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992). … “[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly baseless . . . ; or (2) the claim is based on an indisputably meritless legal theory.”

Gabarczyk v. BD. OF ED. OF SCH. D. OF POUGHKEEPSIE

738 F. Supp. 118 · District Court, S.D. New York · May 24, 1990

As one judge has asked, How long are we to wait before giving the defendants the judgment they are clearly entitled to? 5 years, 50 years? … However, in Betts , the Court held that the burden falls on the employee to establish, as part of its prima facie case, “subterfuge to evade the purposes of” the ADEA. Betts, 109 S.Ct. at 2868 .

Engwiller v. Pine Plains Central School District

110 F. Supp. 2d 236 · District Court, S.D. New York · Aug 16, 2000

States and local educational agencies must comply with these requirements in order to qualify for federal funding. See id. §§ 1412, 1413. … Simply making the Section 310 procedure available to parents is clearly insufficient for the State to meet its obligations under the Act.

Diamond v. Sokol

468 F. Supp. 2d 626 · District Court, S.D. New York · Dec 27, 2006

In Kenney, there was clearly no way a reasonable factfinder could conclude that the defendant attorneys had not caused their client’s loss. … Leffler and Sokol are apparently qualified dentists as well as lawyers, and thus are occasionally referred to in the record with the title "Doctor.” 5 .

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

Gucci America, Inc. v. Guess?, Inc.

271 F.R.D. 58 · District Court, S.D. New York · Sep 23, 2010

Good cause is established by “demonstrating a particular need for protection.” Cipollone v. … Italian statutes clearly impose a secrecy obligation on attorneys not to disclose confidential client information.

Lumen View Technology LLC v. Findthebest.Com, Inc.

984 F. Supp. 2d 189 · District Court, S.D. New York · Nov 22, 2013

DISCUSSION The standard governing a Section 101 challenge is well established. … Lumen View confuses the fact that compliance with Form 18 may immunize a complaint from an attack on the sufficiency of the details pled 6 with the notion that compliance with Form 18 prevents a legally meritless claim from

Rame, LLC v. Popovich

878 F. Supp. 2d 439 · District Court, S.D. New York · Jul 9, 2012

(“FAA”), Congress intended to place arbitration agreements on equal footing with other contracts and establish a strong federal policy in favor of arbitration. See AT & T Mobility LLC v. … knew about the existence of a clearly governing legal principle but decided to ignore it or pay no attention to it.”

Rottersman v. CBS, INC.

726 F. Supp. 484 · District Court, S.D. New York · Dec 7, 1989

was qualified for the job; (3) he was discharged; and (A) the discharge occurred under circumstances giving rise to an inference of age discrimination. … Second, Rottersman has made a prima facie showing that he is fully qualified to perform a variety of tasks at CBS Records, both in the manufacturing and research and development divisions.

DC Comics v. Kryptonite Corp.

336 F. Supp. 2d 324 · District Court, S.D. New York · Sep 20, 2004

I’m immune to them all! But kryp-tonite is my Achilles heel ... the only substance in the world that can harm me!” Levitz Decl. ¶ 30. … The party moving for summary judgment meets its burden by establishing an absence of evidence to support the opposing party’s allegations. Id. at 325 , 106 S.Ct. 2548 .

Baltimore & Ohio Railroad v. United Railroad Workers Division of Transport Workers Union of America

176 F. Supp. 53 · District Court, S.D. New York · Jun 19, 1959

The Boards clearly have the power to make such a determination. See Garrison, The National Railroad Adjustment Board, 46 Yale L.J. 568 . … These agencies have the competence and expertise in this field which qualify them to make such determinations and makes it particularly fitting that they should make them.

Krasnow v. United States

508 F. Supp. 1099 · District Court, S.D. New York · Mar 9, 1981

None of the cases cited by the Government conclusively establishes its position. … If the taxpayer fails to establish that a debt qualifies as a business bad debt under Section 166, he must be satisfied with treatment as a non-business bad debt under that same section and may not look to section 165 for