Case law

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 .

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.

Smith v. Stack

District Court, S.D. New York · Jan 2, 2024

In addition, he claims that “[t]his action against [him] is clearly [a] bill attainder.” (Id.) … That statutory provision underwrites States’ child support collection efforts, and requires States “to establish . . . comprehensive system[s] to establish paternity, locate absent parents, and help families obtain support

Clemente Global Growth Fund, Inc. v. Pickens

705 F. Supp. 958 · District Court, S.D. New York · Feb 3, 1989

The statutory definition does not address whether a limited partnership interest may qualify as a voting security. … The Court is satisfied that plaintiff has introduced sufficiently credible evidence tending to establish its allegations.

Hudson River Defense League v. Corps of Engineers

662 F. Supp. 179 · District Court, S.D. New York · Jun 11, 1987

Apart from certain management practices set forth at 33 C.F.R. §§ 330.5 (b) & 330.6, these are the only requirements in order for a bank stabilization project to qualify under the nationwide permit. … Plaintiffs have not established that the Corps’ determination was arbitrary or capricious.

Seltel, Inc. v. North Florida 47, Inc.

683 F. Supp. 337 · District Court, S.D. New York · Nov 25, 1987

He is clearly competent so to testify. The Suess affidavits fail, nonetheless, to “set forth such facts as would be admissible in evidence.” Rule 56(e), F.R.Civ.P. … The word “estimated” qualifies the NAB figures, not the adjustment. Agreement at 3. 6 .

D.J.C.V. v. United States

District Court, S.D. New York · Aug 18, 2023

is barred by sovereign immunity. … Although that pending charge would certainly appear to qualify as a crime of violence, the absence of context regarding the detention of the unidentified noncitizen with his child in September 2018 is problematic.

Singleton v. New York City Police Department

District Court, S.D. New York · Feb 17, 2021

“Body camera video from the mentioned occurrence . . . clearly show[s] police misconduct, false arrest and false imprisonment.” (Id.) … “[A] report of a crime alone will not necessarily establish probable cause.” Oliveira v. Mayer, 23 F.3d 642, 647 (2d Cir. 1994).

Greenberg v. Veteran

710 F. Supp. 962 · District Court, S.D. New York · Apr 17, 1989

Clearly, the assertion of the First Amendment claim in the petition presents a federal question. … We are not so sure, however, that an Article 78 proceeding automatically qualifies as a “civil action” under the removal statute.

Equal Employment Opportunity Commission v. New York

729 F. Supp. 266 · District Court, S.D. New York · Jan 12, 1990

Defendants have the burden of establishing that the exemption applies. "One who claims the benefit of an exception from the prohibition of a statute has the burden of proving that his claim comes within the exception.” … There is no doubt that Senator Ervin communicated his views regarding the purpose of this exemption clearly and prominently in the Senate debate. .

United States v. International Business Machines Corp.

62 F.R.D. 530 · District Court, S.D. New York · Mar 6, 1974

The issuance of an order directing disclosure is clearly within the power of the district court under Fed.R.Civ.P. 37. … Didn’t I indicate very clearly that this would not be heard by the Court today? .

Egypt v. United States

District Court, S.D. New York · May 30, 2024

Sovereign Immunity And Relevant Federal Statutes The Government, as sovereign, is generally immune from suit unless Congress has expressly waived that immunity. See United States v. … “The doctrine of sovereign immunity is jurisdictional in nature, and therefore to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver.” Nkansah v.

Dynamic Worldwide Logistics, Inc. v. Exclusive Expressions, LLC

77 F. Supp. 3d 364 · District Court, S.D. New York · Jan 6, 2015

Assuming Dynamic qualifies as a bailee, it would hold any recovery as a trustee for the bailor. See Rogers v. Atl., G. & P. Co., 213 N.Y. 246, 259 , 107 N.E. 661 (1915). … Plaintiff fails to clearly identify the source of Exclusive’s obligation or the contractual language that defines it.

United States Fidelity & Guaranty Co. v. Braspetro Oil Services Co.

219 F. Supp. 2d 403 · District Court, S.D. New York · Jul 25, 2002

Brasoil is not entitled to immunity under the FSIA because of the “commercial activity” exception to such immunity. Id. at *11-14. … Brasoil is also not entitled to immunity under the FSIA because it has waived any claim to such immunity. (Joint PreTrial Order § II.B.l; see 28 U.S.C. § 1605 (1).) 4.

Schoenadel v. YouGov America, Inc.

District Court, S.D. New York · Jan 19, 2024

immunity test—which is not at issue in this case—is an objective one. 546 F.3d at 229. … The outside counsel created notes for outside counsel’s use that fall clearly within the attorney work product doctrine.

Milione v. City University of New York

950 F. Supp. 2d 704 · District Court, S.D. New York · Jun 21, 2013

To establish a prima facie case of discriminar tion, Plaintiff bears the burden of showing: (1) that he belonged to a protected class; (2) that he was qualified for the position he held; (3) that he suffered an adverse employment … The record clearly shows that Goldstein does not have personal knowledge of Plaintiffs employment or the change in his job responsibilities.

In re Honeywell International, Inc.

230 F.R.D. 293 · District Court, S.D. New York · Nov 18, 2003

“Under Rule 26(b)(3) [of the Federal Rules of Civil Procedure], three conditions must be satisfied in order to establish work product protection. … PWC’s independence is clearly relevant to a possible Honeywell defense. Moreover, this request is not a fishing expedition.

Lopez v. The Heritage of Pride, Inc.

District Court, S.D. New York · Dec 3, 2019

The Court must dismiss an IFP 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 … ‘must allege facts in a non-conclusory manner that plausibly establish grounds for relief.’” (quoting Lapaglia v. Transamerica Cas. Ins. Co., 155 F. Supp. 3d 153, 155 (D.

Mutual Export Corp. v. Westpac Banking Corp.

789 F. Supp. 1279 · District Court, S.D. New York · Apr 21, 1992

In addition the Bank has established a stand-by letter of credit guarantee F/-Reefa USD 500,000. Pl.Dep.Exh. 8. … That letter seems to us particularly immune to a challenge of ambiguity. It is a simple agreement to issue a letter of credit in “the draft form provided ... or as mutually agreed upon.”

Mills v. Colgate-Palmolive Co.

232 F. Supp. 577 · District Court, S.D. New York · Jul 23, 1964

Frank Stinchfield, the renowned orthopedic surgeon and Chairman of the Department of Orthopedic Surgery, and four other highly qualified members of the Columbia Presbyterian staff specializing respectively in urology, clinical … However, all of these nine are witnesses for the plaintiff who has the burden of establishing liability in any event.