Case law

Kiss v. Torres

District Court, S.D. New York · Mar 27, 2023

Qualified Immunity Defendants argue that all of the Officer Defendants are entitled to qualified immunity. (See Schulhoff Mem. 17–18; Hyde Park Defs’ Mem. 11). … Because the Court has found that Plaintiff has failed to state a Constitutional claim, the Court declines to consider Defendants’ claims of qualified immunity. See, e.g., Est. of M.D. by DeCosmo v. New York, 241 F.

Adler v. Berg Harmon Associates

790 F. Supp. 1235 · 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.’

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

United States v. Torres

699 F. Supp. 419 · District Court, S.D. New York · Sep 23, 1988

Velez, however, ignores the enterprise’s strict bookkeeping practices that the Government established at trial. … In qualifying the expert, the government established Sgt. Monks as an expert in understanding telephone conversations related to narcotics trafficking. As such an expert, Sgt.

Harrison v. Secretary of Health and Human Services

901 F. Supp. 749 · District Court, S.D. New York · Oct 19, 1995

Wood-burn was plaintiffs treating source is clearly relevant to plaintiffs case. As to this point, the record is ambiguous. Plaintiff stated that she saw Dr. Woodburn every two weeks from March 1989 until March 1991. … It is well established in the Second Circuit and elsewhere that “subjective pain may serve as the basis for establishing disability, even if such pain is unaccompanied by positive clinical findings or other ‘objective’ medical

Meagher, on Behalf of the Pension Plan of the Cement and Concrete Workers District Council Pension Fund v. Board of Trustees of the Pension Plan of the Cement & Concrete Workers District Pension Fund

921 F. Supp. 161 · District Court, S.D. New York · May 25, 1995

of his accumulated vested retirement benefits, the Pension Fund informed Meagher that he had: (1) a total of 25 years of credited service; (2) a three-year consecutive break in service in 1975-77; and (3) that he did not qualify … Thus, Action One, in which Plaintiff alleged a breach of fiduciary duties by the Fund via the Trustees, clearly concerned interests of the Trustees.

United States v. Ayala

75 F. Supp. 2d 126 · District Court, S.D. New York · Jul 26, 1999

I am satisfied that the evidence clearly establishes that five or more people were involved in the Power Rules drug conspiracies charged in the indictment. … Nonetheless, this Circuit has recognized this ground for departure, where it is clearly established that the defendant is a unique source of financial and/or emotional support for a significant number of dependents.

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.”

Attenborough v. Construction & General Building Laborers' Local 79

691 F. Supp. 2d 372 · District Court, S.D. New York · Sep 29, 2009

Members who have 4,000 or more hours qualify for Tier A status. (Id.) Higher tiers get priority over lower tiers. … 28, 2006 at 18, 20 (recognizing that denial of plaintiffs’ motion to compel production of non-existent EEO-3 Reports is “not to say that the same information or relevant information can’t be sought in another manner .... clearly

Exxon Corp. v. Central Gulf Lines, Inc.

780 F. Supp. 191 · District Court, S.D. New York · Dec 18, 1991

It must establish that there is a “genuine issue for trial.” Id. at 587 , 106 S.Ct. at 1356. … The agreement at issue in the present matter is thus clearly distinguishable from the agreement in The Paralla. More apposite here is Gulf Oil Trading v. M/V Caribe Mar, 757 F.2d 743 (5th Cir.1985).

Maiorana v. National Gypsum Co.

827 F. Supp. 1014 · District Court, S.D. New York · Jul 23, 1993

In re Swine Flu Immunization Prod. Liab. … That is clearly too drastic in light of Justice Freedman’s analysis: The noneconomic awards in Didner were reduced, not set aside.

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.”

Beckham v. New York City Housing Authority

592 F. Supp. 785 · District Court, S.D. New York · Jun 26, 1984

In both of these cases, unlike the situation sub judice, the state courts clearly found that the tenants had fraudulently concealed material facts with respect to their income, and that, pursuant to provisions in their leases … Existing as well as new units would qualify for assistance and assistance could be continued for the life of the project as long as it served low-income tenants.

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.

Dixon v. Blackensee

District Court, S.D. New York · Jun 11, 2019

Hence, to prevail on a Bivens claim, a plaintiff must plead that there was a violation of a clearly established constitutional right and that a defendant was personally involved in the alleged wrong. … remain immune.

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 .

Thomas v. Istar Financial, Inc.

438 F. Supp. 2d 348 · District Court, S.D. New York · Jul 7, 2006

The requirement that a plaintiff be qualified should not be measured by a *359 plaintiffs subjective assessment of his own qualifications. See Dawson v. … Termination is clearly a materially adverse action that would dissuade a reasonable worker from making a complaint.

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

Senno v. Elmsford Union Free School District

812 F. Supp. 2d 454 · District Court, S.D. New York · Jul 28, 2011

“Judicial claims which serve to amplify, clarify or more clearly focus earlier EEO complaints are appropriate. … The Second Circuit held that “[s]uch consequences are clearly deterrents for even a person of ordinary firmness.” Id.

McKenzie v. The Oglethorpe

16 F. Cas. 204 · District Court, S.D. New York · Sep 21, 1841

As general agent of the owner, the master is clearly empowered to contract in correspondence with the apparent service of the ship (Abb. … It is true that at least two-thirds of the crew must be American citizens, but it was no part of the contract with the libellants that they should be qualified to serve in conformity to the requirements of our laws.