Case law

Di Salvo Bros. v. Ybarra Y Compania

5 F. Supp. 725 · District Court, S.D. New York · Nov 21, 1933

The statute makes no other exception from the complete immunity granted.” And at page 427 of 287 U. S., 53 S. … So that the fire statute (section 4283 [46 USCA § 183]) grants the shipowner full immunity for loss of cargo due to a fire subject to the exception mentioned in the statute.

Samsung Fire & Marine Insurance Company, Ltd. v. Liberty Mutual Fire Insurance Company

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

The undisputed record clearly establishes that the Underlying Defendants do not qualify as insureds under the Liberty Mutual Policy. … As such, the undisputed record clearly establishes that the claim here is not covered under the Liberty Mutual Policy and that Liberty Mutual is entitled to summary judgment. III.

Oscar Productions, Inc. v. Zacharius

893 F. Supp. 250 · District Court, S.D. New York · Jun 28, 1995

Alitalia Linee Aeree Italiane, S.p.A., 56 F.3d 427 , 434 No. 94-7767, slip op. at 4517 (2d Cir.1995) (“Immunity extends to officers or employees who induce their corporation to breach a contract.”). … "[A] court should deny leave to amend a pleading on grounds of futility only when the proposed amendment is clearly frivolous or advances a claim that is legally insufficient on its face.” Cashman v.

Tortora v. SBC Communications, Inc.

739 F. Supp. 2d 427 · District Court, S.D. New York · Jul 30, 2010

ERISA Notice Requirement Sedgwick clearly communicated to Tortora the reason her STD Benefits were being terminated, as required by section 503(1) of ERISA. 121 In a letter dated June 22, 2006, Sedgwick explains that its … Smith did provide complete and updated mental health information, but this does not establish that the information he provided supported her claim for disability. See Pl. Reply 56.1 ¶ 55. 34 . See Pl.

Fausto v. Reno

955 F. Supp. 286 · District Court, S.D. New York · Mar 19, 1997

Because plaintiffs action is clearly barred by his failure to exhaust his administrative remedies in a timely fashion — a conclusion that plaintiff has not disputed — there is no reason to reach a conclusion on defendant's … Having failed to pass the background investigation, plaintiff cannot demonstrate that he was qualified for the position that he sought.

Odierno v. Bowen

655 F. Supp. 173 · District Court, S.D. New York · Feb 20, 1987

At the supplemental hearing November 6, 1984, the AU qualified Dr. George Cohen as the Administration’s vocational expert. Dr. … In response to the AU’s hypothetical question describing Odierno’s condition, the vocational expert answered clearly that he could not return to his past jobs or occupations.

International Healthcare Exchange, Inc. v. Global Healthcare Exchange, LLC

470 F. Supp. 2d 345 · District Court, S.D. New York · Jan 11, 2007

Here, there is no dispute that Cuene was qualified for her position. … This conclusion does not conflict with established case law.

Citizens for Clean Air, Inc. v. Corps of Engineers, United States Army

349 F. Supp. 696 · District Court, S.D. New York · Aug 1, 1972

The costs of the intake and discharge structures are not clearly set forth in the record. … Since jurisdiction clearly exists under the A.P.A., we do not dwell at length on the challenges to plaintiffs’ alternative bases.

Doe v. New York University

511 F. Supp. 606 · District Court, S.D. New York · Apr 9, 1981

Unless N.Y.U. establishes that the reports are unreliable, the HEW/Education findings and recommendations will be admissible at trial and will be entitled to considerable weight. See generally Chandler v. … The results of these investigations are similarly not binding adjudications and consequently are not entitled to the benefit of the “substantial evidence” or “clearly erroneous” rules of the APA. See EEOC v.

Meyer v. United States Tennis Ass'n

297 F.R.D. 75 · District Court, S.D. New York · Dec 6, 2013

Umpires] who wish to maintain their job____As a class, they seek a determination as to whether their work so deviates from ... their [independent contractor] classification ... to constitute a legitimate claim under NYLL — clearly … First, class counsel must be ‘qualified, experienced and generally able’ to conduct the litigation. And second, the class members must not have interests that are ‘antagonistic’ to one another.”

Jenkins v. S & a Chaissan & Sons, Inc.

449 F. Supp. 216 · District Court, S.D. New York · Mar 15, 1978

there are too few workers of a given kind can obtain government assistance in obtaining qualified workers from other areas. … seeks to vindicate, that is, as long as the first Cort factor has been established.

Tobias v. First City National Bank & Trust Co.

709 F. Supp. 1266 · District Court, S.D. New York · Mar 27, 1989

Applying the factors set out in Ryan to the case at hand, the state action clearly involved a proper forum. … Major Exploration, Inc., 576 F.Supp. 902, 913 (S.D.N.Y.1983) (“Although strict privity is not prerequisite to liability, plaintiff must establish clearly that defendant is at least a person acting as the immediate seller’

Elementis Chemicals Inc. v. T H Agriculture & Nutrition, L.L.C.

373 F. Supp. 2d 257 · District Court, S.D. New York · Jan 31, 2005

Also, while the burden of establishing an absence of dispute over any material fact is initially on the movant, [o]nce the movant has established a pri-ma facie case demonstrating the absence of a genuine issue of material … THAN, a Delaware L.L.C. whose principal member is a Delaware corporation (PENAC), would also qualify as a Delaware citizen for purposes of diversify jurisdiction.

United States v. Kozeny

643 F. Supp. 2d 415 · District Court, S.D. New York · May 29, 2009

that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” 6 A district court will “exclude evidence on a motion in limine only when the evidence is clearly … court noted that the Government had failed to lay a proper foundation for a witness’ statement that it was “[his] understanding that [the insurance] industry was a very big sham.” 37 The court found that the witness was not qualified

Robinson v. Pan American World Airways, Inc.

597 F. Supp. 1063 · District Court, S.D. New York · Nov 6, 1984

When the R.L.A. was amended to include air carriers in 1936, coverage was again limited to those qualifying as an “employee *1066 or subordinate official” within the meaning of section 1, Fifth, 45 U.S.C. §§ 181 , 182. … This record presented on this motion fails to establish the date of the change in status.

Morillo v. 1199 SEIU BENEFIT AND PENSION FUNDS

783 F. Supp. 2d 487 · District Court, S.D. New York · Mar 8, 2011

In the decision, the fund manager explained that Morillo did not qualify for pension benefits because she had “retired prior to January 1, 1992.” (Def. Rule 56.1 Stmt. ¶ 9; Kaiser Aff., Ex. … Morillo simply did not pursue the appeal options clearly communicated to her by both plans when her initial benefit applications were denied.

Samuels v. The Urban Assembly, Inc.

District Court, S.D. New York · Jun 26, 2025

Q, ECF No. 70-20, which Defendants agree may qualify as an impairment. … UACS does not dispute that it was aware of Samuels’s accommodation request, nor that her termination qualifies as an adverse action.

Gidatex, S.R.L. v. Campaniello Imports, Ltd.

82 F. Supp. 2d 136 · District Court, S.D. New York · Jan 31, 2000

In this case, the Court clearly explained to the jury that “[y]ou may award Gidatex monetary damages for its New York State law claim only if you find that defendants’ conduct has caused actual consumer confusion as opposed … The jury clearly stated that it did not require an accounting before awarding Campaniello’s profits. See Court Exhibit 3, at Questions 6(b), 13(b). 8 .

Manasy Hardy Ravelombonjy v. Zinsou-Fatimabay

District Court, S.D. New York · Sep 29, 2022

“First, the court must determine whether an absent party . . . qualifies as a ‘necessary’ party under Rule 19(a).” Greenwich Life Settlements, Inc., 742 F. … Although the Carter factors may be sufficient to establish employment status, they are not necessary to do so. See Zheng v. Liberty Apparel Co.

Murray v. British Broadcasting Corp.

906 F. Supp. 858 · District Court, S.D. New York · Apr 3, 1995

Because Murray and an assistant threw away the sketches made during the design process, testimony describing those sketches is critical to establishing the relative creative contributions of Murray and the BBC staff. … He states, however, that his annual income places him above the threshold for qualifying for legal aid in England. (Declaration of Dominic Murray dated January 25, 1995, ¶9.)