Case law

Walker v. Capra

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

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity.” … New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting Section 1983. Trotman v.

Commodity Futures Trading Commission v. British American Commodity Options Corp.

422 F. Supp. 662 · District Court, S.D. New York · Oct 20, 1976

question presented at this stage of the proceedings, namely an application for a preliminary injunction in advance of a trial upon the merits, [before the administrative law judge] is whether a violation . . . has been so clearly … established that defendants are, in effect, to be found at fault without awaiting the development of all the facts upon a trial.”

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

Mayer v. Josiah Wedgwood & Sons, Ltd.

601 F. Supp. 1523 · District Court, S.D. New York · Feb 7, 1985

Pic’s predecessor corporation, Josiah Wedgwood & Sons, Ltd., qualified to do business in New York in 1915, but it stopped doing business in New York in 1919, when JWS Inc. was organized. … Mayer’s snowflake design clearly is within the subject matter of the copyright laws.

Guardians Ass'n of New York City Police Department v. Civil Service Commission

527 F. Supp. 751 · District Court, S.D. New York · Nov 24, 1981

The court found that plaintiffs had sustained their burden of establishing a prima facie claim that Title VII of the United States Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., had been violated. … The process is to be repeated when necessary until the appropriate number of qualified female, black and Hispanic candidates to meet the agreed upon percentages have been secured.

Disabled American Veterans v. United States Department of Veterans Affairs

783 F. Supp. 187 · District Court, S.D. New York · Jan 31, 1992

The operation of Section 3205 to frustrate certain incompetent veterans’ ability and efforts to live independently and to avoid becoming wards of public institutions clearly establishes irreparable harm. 2. … Likelihood of Success on the Merits Plaintiffs have established a strong likelihood of success on the merits of their equal protection claim.

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.

Erickson v. Fellini Soho Corp

District Court, S.D. New York · Aug 18, 2025

Plaintiffs’ motion is timely, notwithstanding the entry of a clerk’s certificate of default: They move for certification before the entry of default judgment and the complaint clearly indicated an intent to pursue a class … However, Plaintiffs have not adequately alleged that their proposed class of Defendants’ tipped food service employees qualify as manual workers.

Movielab, Inc. v. Berkey Photo, Inc.

321 F. Supp. 806 · District Court, S.D. New York · Dec 23, 1970

If instruments used in every private loan transaction qualified as securities under the federal statutes, our jurisdiction could be invoked with respect to any claim of fraud in connection with the issuance of a check or … This plain language, literally read, clearly includes promissory notes of the type that are the subject of the present suit. In interpreting the statute we are guided by well recognized basic principles.

Royal Park Investments SA/NV v. HSBC Bank USA, National Ass'n

109 F. Supp. 3d 587 · District Court, S.D. New York · Jun 1, 2015

exercise its powers in order to secure the trust. 123 Thus, insofar as plaintiffs allege a post-Event of Default breach of fiduciary duty, they properly state a claim, in that “fidelity to the terms of an indenture does not immunize … HSBC contends that the plaintiffs seek investment losses that qualify as consequential damages because they go beyond the value of the performance promised.

Gulino v. Board of Education of the City School District

122 F. Supp. 3d 115 · District Court, S.D. New York · Aug 7, 2015

Unlike the LAST, the ALST qualifies as a job related exam under Title VII. … These documents are clearly less descriptive of the job of teaching, and therefore are inferior to the Standards at issue here.

Arazi v. Cohen Brothers Realty Corporation

District Court, S.D. New York · Mar 28, 2022

See 42 U.S.C.A. § 12112(b)(4) (prohibiting “excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to … Indeed, Defendant appears to ask that the Court apply the “clearly established right” principle from qualified immunity doctrine to its analysis of disability discrimination under the NYCHRL.

Audiovisual Publishers, Inc. v. Cenco Inc.

964 F. Supp. 861 · District Court, S.D. New York · May 22, 1997

Shulman’s two approaches are not clearly duplicative and, in the aggregate, represent Mr. … Waring for similar services” clearly refers to the production of original master tapes generally and does not justify Mr.

Jones v. New York City Human Resources Administration

391 F. Supp. 1064 · District Court, S.D. New York · Mar 19, 1975

This method is considered more effective than other validation methods because it clearly establishes the degree of correlation between successful examination performance and successful job performance. … (Grammas affidavit, Paragraph 9) This is clearly not the case.

Stieberger v. Commissioner of Social Security

188 F. Supp. 2d 424 · District Court, S.D. New York · Mar 7, 2002

The party submissions to this court at the time of the settlement agreement clearly support this understanding. See Jt. Dec. of Class Counsel in Support of Proposed Settlement Class, Govt. Exh. … Hawes and similarly situated individuals received two "denials”, these individuals would qualify for relief pursuant to ¶ 8(c)(i) even though explicitly precluded from it by clause ¶ 8(c)(i)(i).

Levin v. 650 Fifth Avenue Company

District Court, S.D. New York · Jun 5, 2023

Instead, to resolve a facial Rule 12(b)(1) motion, a district court must “determine whether [the complaint and its exhibits] allege[] facts that” establish subject matter jurisdiction … TRIA Section 201(a) “clearly differentiates between the party that is the subject of the underlying judgment itself, which can be any terrorist party (here, Iran), and parties whose

Hyndman v. Small Business Administration

District Court, S.D. New York · Jan 22, 2024

United States, 201 F.3d 110, 113 (2d Cir. 2000)).1 “The party invoking the Court’s jurisdiction bears the burden of establishing jurisdiction exists.” Hettler v. Entergy Enters., Inc., 15 F. … The “word ‘may’ clearly connotes discretion,” Biden v. Texas, 142 S.Ct. 2528, 2541 (2022), and the allocation of lump-sum appropriations is typically considered a discretionary act, see Lincoln v.

Comair Rotron, Inc. v. Minebea Co.

143 F.R.D. 494 · District Court, S.D. New York · Jun 23, 1992

In fact, Rotron has failed to establish any date after which it anticipated litigation over the ’069 Patent specifically. … Moreover, Questions 140-143 clearly do not implicate such communications. 4.

In Re Saxon Securities Litigation

644 F. Supp. 465 · District Court, S.D. New York · Oct 30, 1985

It is established beyond question that in order to have standing to bring a 10b-5 claim the plaintiff must be either a purchaser or seller. Blue Chip Stamps v. … The Phelan court’s holding clearly rests on the assumption that the purchasers bought without knowledge of the fraud.

Technology Insurance Company, Inc. v. Philadelphia Indemnity Insurance Company

District Court, S.D. New York · Mar 3, 2022

“[T]he burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship.” … Oct. 7, 1991) (“The work-product immunity can be overcome by a showing of substantial need and undue hardship by the party seeking discovery.”).