Case law

Rhee-Karn v. Lask

District Court, S.D. New York · Mar 4, 2020

She continued that while the “complaint is solid re alleging immunity does not exist because [the defendants] were malicious,” “a federal court can still dismiss this.” … But, the undisputed evidence shows that Lask’s failure to call a qualified expert to rebut Dr.

Fort Worth Employers' Retirement Fund v. Biovail Corp.

615 F. Supp. 2d 218 · District Court, S.D. New York · May 8, 2009

To qualify its product as a generic, the applicant, must show, among other things, that the generic version is “bioequivalent” to the approved drug. (Id. ¶ 4.) … These detailed disclaimers and risk disclosures indisputably satisfy the PSLRA safe harbor, and immunize from liability all of the alleged misrepresentations cited in the Amended Complaint.

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.

Gray v. Briggs

45 F. Supp. 2d 316 · District Court, S.D. New York · Apr 7, 1999

To qualify as an expert, a witness must possess sufficient “knowledge, skill, experience, training, or education.” Id. … Once the plaintiffs have established a prima facie case of failure to diversify, the burden of persuasion shifts to defendants to show that the investments at issue were nevertheless “clearly prudent” under the circumstances

New York Institute of Dietetics, Inc. v. Riley

966 F. Supp. 1300 · District Court, S.D. New York · Jun 9, 1997

According to the Department the intent of the parties with respect to what the Agreements covered and did not cover is clearly and unequivocally recorded in the Agreements, [which] state that “the parties have entered into … There was ample evidence in the administrative record to find that the CSI program was woefully inadequate to qualify for federal funds. Thus, plaintiffs objection is unavailing.

Kulchin v. Spear Box Co., Inc. Retirement Plan

451 F. Supp. 306 · District Court, S.D. New York · May 19, 1978

’ fees. 3 Defendants now move for summary judgment pursuant to Rule 56, F.R.Civ.P. 4 Plaintiff, in his responsive papers, resists defendants’ motion and asks that summary judgment be entered in his favor since the court clearly … Consequently, we conclude that in order to qualify for pension benefits plaintiff need not be terminated and “accept” that termination; he need only be terminated.

Lothian Cassidy, LLC v. Lothian Exploration & Development II, L.P.

487 B.R. 158 · District Court, S.D. New York · Jan 28, 2013

Dec. 10, 2007) § noting that “arising in” jurisdiction is “less clearly defined” than “arising under” jurisdiction). … However, not all “garden-variety common-law claims” qualify. See Winstar Holdings, 2007 WL 4323003 , at *3-4.

Perez

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

The PREP Act provides immunity from suit for the United States and manufacturers, distributors, program planners, and other qualified persons who prescribed, administered, or dispensed a qualified countermeasure, such … Supp. 3d 257, 267 (S.D.N.Y. 2023) (“Where a party seeking a temporary restraining order fails to establish a likelihood of success on the merits, ‘there is no need to address the other prongs of the analysis.’”

Yoselovsky v. Associated Press

917 F. Supp. 2d 262 · District Court, S.D. New York · Jan 18, 2013

To establish a prima facie case, an employee must show that: (a) he was within the protected class; (b) he was qualified for the position he held; (c) he was subjected to an adverse employment decision or discharge; and ( … While timing alone may be a basis for establishing a prima facie case, it is not enough to establish pretext at the third stage of the McDonnell Douglas analysis. See Reilly v. Metro-North Commuter R.

Betancourt v. United States

District Court, S.D. New York · Jan 31, 2022

of judicial immunity. … Accordingly, the Court dismisses these claims for failure to state a claim on which relief may be granted because they are clearly untimely. See § 1915(e)(2)(B)(ii); Walters v.

Ward v. Capra

District Court, S.D. New York · Apr 30, 2019

Magill is entitled to qualified immunity, and that Plaintiff has failed to exhaust his administrative remedies. (Id. at 4–13.) … Magill is entitled to qualified immunity and that Plaintiff has failed to exhaust his administrative remedies. (Defs.’

Rivera v. Coombe

534 F. Supp. 980 · District Court, S.D. New York · Feb 11, 1982

It need not be established by direct proof. To constitute the crime there must not only be the act but also the criminal intent and these must occur, the latter being equally essential with the former. … None of the judge’s later instructions expressly qualified the first instruction’s clear implication that, once the jury found that serious physical injury to Guy Keyes was a natural and probable consequence of an act performed

Lesser Ex Rel. Lesser v. Camp Wildwood

282 F. Supp. 2d 139 · District Court, S.D. New York · Sep 16, 2003

It is clearly possible to test those conclusions objectively. The defendants characterize Dr. Tattar’s opinions as “unsubstantiated and speculative.” Def. Mem. at 4. However, Dr. … The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v.

United States ex rel. Donham v. Resor

318 F. Supp. 126 · District Court, S.D. New York · Sep 3, 1970

The Board stressed in this quotation petitioner’s statement that he was concerned about whether “he would be permitted *131 to finish the school year; this, the Board said: Regarding “* * * The * * * quotation clearly indicates … Here, however, while petitioner postponed disclosure, he continued to serve in an establishment and learn and teach things he then claimed to find intolerable as a matter of conscience and basic conviction.

Nanakumo v. New York City Health & Hospitals Corporation

District Court, S.D. New York · Mar 6, 2023

discrimination on the basis of a disability My disability or perceived disability is: Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 to 2654, for employment discrimination on the basis of leave for qualified … Ihave established a PACER account; 3.

Lee v. Perez

175 F. Supp. 2d 673 · District Court, S.D. New York · Nov 15, 2001

Lee — that qualified immunity was not available to shield an officer from liability on or after that date. Shain v. Ellison, 273 F.3d 56 (2d Cir.2001). Mr. Lee was charged with two misdemeanors and a violation. … Evidence about such matters may be intro *681 duced to establish intent to sell narcotics, People v. Calada, 154 A.D.2d 700 , 546 N.Y.S.2d 681 (2d.

Douglin v. GreatBanc Trust Co.

115 F. Supp. 3d 404 · District Court, S.D. New York · Jun 30, 2015

Rule 23(a)(4) requires a two-part inquiry to ensure that the class, counsel is “qualified, experienced and generally able to conduct the litigation,” and that the class members do “not have interests that are antagonistic … Second, thé named plaintiffs provide declarations establishing the alignment of their interests with the class members. (Feinberg Decl. Exs. 8-10).

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

Lefebvre v. Morgan

234 F. Supp. 3d 445 · District Court, S.D. New York · Feb 10, 2017

No. 37).) 3 It is “established law in this Circuit that ... a plaintiff alleging retaliation [must] establish [he engaged in] speech protected by the First Amendment.” Sousa v. … As the Court finds that Plaintiff has failed to state a claim for violation of his constitutional rights, the Court declines to consider Defendants’ arguments that they are entitled to qualified immunity. (See Defs.’

EEOC v. State of NY

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

S.2d 212, 389 N.E.2d 808 (1979) (emphasis added). [7] Defendants have the burden of establishing that the exemption applies. … There is no doubt that Senator Ervin communicated his views regarding the purpose of this exemption clearly and prominently in the Senate debate. [11] The amendment as initially proposed also exempted any person chosen by