Case law

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.

Gurton v. Manuti

235 F. Supp. 50 · District Court, S.D. New York · May 8, 1964

Such Certificate of Eligibility shall be issued only to each member who properly identifies himself, shows that he is in good standing in all locals of the AFM to which he belongs, and signs a register which shall also clearly … The election procedures adopted as part of the referendum contain the following provisions: Article VI, Section 3 provides: “Each duly nominated and qualified candidate shall have the right either in person or through a representative

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

Ortho Pharmaceutical Corp. v. Cosprophar, Inc.

828 F. Supp. 1114 · District Court, S.D. New York · Aug 10, 1993

The language of the act is “strikingly general”; “because the statute is remedial and because its words are so clearly expansive, it should, generally speaking, be broadly construed.” PPX Enterprises, Inc. v. … Such speculative and vague testimony is insufficient to establish damages. Similarly, Ortho did not introduce any evidence suggesting the reason for the “little bit of decline,” if the decline had been established.

Aetna Casualty & Surety Co. v. Namrod Development Corp.

140 B.R. 56 · District Court, S.D. New York · Apr 9, 1992

Thus, staying this action “would work a hardship on plaintiff[], by giving an unwarranted immunity from suit to solvent [codebtors], which would contravene the purposes underlying the automatic stay.” … By its terms the agreement clearly authorizes plaintiff to choose the method of completion of the construction projects that it deems most appropriate.

Professional Sound Services, Inc. v. Guzzi

349 F. Supp. 2d 722 · District Court, S.D. New York · Dec 27, 2004

A mark may qualify for registration if it is “capable of distinguishing the applicant’s *731 goods from those of others.” Id.,citing 15 U.S.C. § 1052 . … Defendants’ website clearly says “Gotham Sound” in large print, and a consumer must type in Gotham’s specific URL to access defendants’ website.

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.

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.

Hudson River Fishermen's Ass'n v. County of Westchester

686 F. Supp. 1044 · District Court, S.D. New York · May 26, 1988

The plaintiff acknowledges this, but argues that the discharge pipe is no longer simply a storm-water drain; rather, it is argued, the drain now qualifies as a “point source” (described infra) under the CWA since it is not … A private right of action is established when a discharge is in contravention of the clearly defined standards. State of New York v. United States, 620 F.Supp. 374, 383 (E.D.N.Y.1985).

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.

Fox News Network, LLC v. United States Department of the Treasury

911 F. Supp. 2d 261 · District Court, S.D. New York · Nov 26, 2012

The unredacted document establishes, however, that the withheld comments would reveal internal deliberations with respect to policy concerns. … Since the communications concern a proposal that was to be placed on a committee agenda for approval, they clearly are predecisional.

Weathers v. Millbrook Central School District

428 F. Supp. 2d 180 · District Court, S.D. New York · Apr 19, 2006

However, Merz and perhaps Beyer as well are probably not entitled to dismissal under the same provision because they do not qualify as “officers” within the meaning of § 3813. See Richards v. … Clearly, Beyer and Merz are not providers of professional medical treatment and there are no allegations in the Amended Complaint that satisfy a showing that 'they administered medication, prescribed medication or even recommended

U.S. Bank National Ass'n v. PHL Variable Life Insurance

112 F. Supp. 3d 122 · District Court, S.D. New York · Jun 22, 2015

(“[T]he Advisory Committee clearly contemplated that experts can base opinions on the opinions of others”). … References to “death profiteering” or “inequitable conduct” of using life insurance as an investment clearly fall into this category.

Capital Cities/ABC, Inc. v. Brady

740 F. Supp. 1007 · District Court, S.D. New York · Jun 29, 1990

The restrictions upheld in Teague would have been clearly constitutionally invalid in a domestic context. … However, “[m]atters relating to the conduct of foreign relations ... are so exclusively entrusted to the political branches as to be largely immune from judicial inquiry or interference.”

In re Mirena IUD Products Liability Litigation

202 F. Supp. 3d 304 · District Court, S.D. New York · Jul 28, 2016

Mere possibility alone is insufficient to establish a prima facie case.”). … Can “Admissions” Be Sufficient to Establish General Causation?

Cummings v. Commissioner of Social Security

District Court, S.D. New York · Sep 5, 2024

Sept. 14, 2021) (“To invoke de novo review, objections must be specific and clearly aimed at particular findings in the magistrate judge’s proposal.” … examinations ordered by the agency, see Objections at 7-8, but the record reflects that Plaintiff informed the physician’s office that he had a conflict with a scheduled surgery and, in later months, issues with his “immune

American Home Products Corp. v. Johnson & Johnson

436 F. Supp. 785 · District Court, S.D. New York · Aug 29, 1977

the Commissioner on the promulgation of monographs establishing conditions under which these OTC drugs are generally recognized as safe and effective and not misbranded. 21 CFR § 330.10 . … After receiving comments, the Commissioner will publish a final order establishing these conditions. 6 .

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.

Viacom International Inc. v. YouTube, Inc.

940 F. Supp. 2d 110 · District Court, S.D. New York · Apr 18, 2013

The problem is clearly illustrated on the record in this case, which establishes that “... site traffic on YouTube had soared to more than 1 billion daily video views, with more than 24 hours of new video uploaded to the … To encourage qualified service providers, Congress in the DMCA established a “safe harbor” protecting the service provider from monetary, injunctive or other equitable relief for infringement of copyright in the course of

Gavin/Solmonese LLC v. D'Arnaud-Taylor

68 F. Supp. 3d 530 · District Court, S.D. New York · Dec 24, 2014

The debentures were privately offered to a limited number of qualified investors and did not trade on an efficient impersonal market. … In the present case, Vista was not a market maker, and the commissions that it would receive for the debenture offering were clearly outlined in the POM.