Case law

Screenlife Establishment v. Tower Video, Inc.

868 F. Supp. 47 · District Court, S.D. New York · Aug 24, 1994

Return was first published no later than 1989, but Screenlife’s Certificate of Registration was effective in May of 1992, clearly more than three months after the date of first publication. … Accordingly, success on a “purely technical or de minimis ” claim does not qualify a litigant as a prevailing party. Texas State Teachers Ass’n v.

O'BRADOVICH v. Village of Tuckahoe

325 F. Supp. 2d 413 · District Court, S.D. New York · Jul 19, 2004

“To qualify as state action” the Second Circuit has held, “the conduct in question must be caused by the exercise of some right or privilege created by the State.” United States v. Int’l Bhd. … The Village’s policy is clearly a legislative act, and so is not subject to procedural due process review.

New York Times Co. v. United States Department of Defense

499 F. Supp. 2d 501 · District Court, S.D. New York · Jun 28, 2007

letter dated July 21, 2006, the DOJ Office of Information and Privacy (“OIP”) informed Plaintiff that it was releasing 174 pages of documents, plus two pages with personnel information redacted which “would constitute a clearly … Each of the three statutes cited by Defendants “qualifies] under FOIA Exemption 3” as a withholding statute. People for the Am. Way Found., 462 F.Supp.2d at 28 .

Dabney v. Christmas Tree Shops

958 F. Supp. 2d 439 · District Court, S.D. New York · Jul 24, 2013

Assertion of unfair treatment must clearly be noted as due to the target being a member of a protected class. Conduct described as discriminatory, without specificity[,] does not qualify it as protected activity.”) … On the undisputed facts here, Defendants establish that defense, for the reasons set forth in the text.

Faggionato v. Lerner

500 F. Supp. 2d 237 · District Court, S.D. New York · Mar 30, 2007

Thus, as demonstrated by his curriculum vitae, Professor Larroumet is eminently qualified to opine on the issues presented. … established that the plaintiff was not the party to the transaction).

Firma Melodiya v. ZYX Music GmbH

882 F. Supp. 1306 · District Court, S.D. New York · Apr 12, 1995

Timewell did qualify his conclusion by stating that severe limitations were placed on the accuracy of his assessment since the Addendum was only a photocopy. … This suggestion is insufficient to establish the existence of an adequate alternate forum. Cf. Georgiadis v.

United States v. Rosner

352 F. Supp. 915 · District Court, S.D. New York · Dec 14, 1972

The evidence adduced at trial however, established that the person to whom the money was paid was not a qualified labor representative within the meaning of the statute prohibiting such payments. … Edwards, 366 F.2d 853 (2nd Cir. 1966), it stated “we do not read Massiah as forever immunizing a defendant under indictment for a distinct and unrelated crime from the normal techniques employed by law enforcement officials

M.G. v. New York City Department of Education

162 F. Supp. 3d 216 · District Court, S.D. New York · Jan 4, 2016

And as will be discussed, the record contains sufficient evidence establishing the existence of this policy. … New York State Education Department, as defendants suggest, render the NPS Directive immune to challenge.

Isthmian S. S. Co. v. United States

53 F.2d 251 · District Court, S.D. New York · Oct 8, 1931

The petitioners next object to the complaint by the Associated Jobbers of Los Angeles on the ground that a “person” to be qualified to file a complaint must be one directly affected by the alleged violations of the act. … The testimony as a whole clearly established that a preferential rate was given for split deliveries.

Cataldo v. Brunswick Corp.

68 F.R.D. 600 · District Court, S.D. New York · Sep 15, 1975

Because of the clearly unreliable, indeed untrustworthy quality of the plaintiff’s “expert” witness, one Felix Konstandt, 2 this verdict must be set aside and a new trial granted in the interests of justice pursuant to Fed.R.Civ.P … It is well established in such cases as Aetna Casualty & Surety Co. v. Yeatts, 122 F.2d 350 (4th Cir. 1941) and Cone v.

Lbbw Luxemburg S.A. v. Wells Fargo Securities LLC

10 F. Supp. 3d 504 · District Court, S.D. New York · Mar 31, 2014

The reward for perpetrating systemic fraud cannot be immunization against every individual allegation of fraud. … The POC and Marketing Materials were “clearly authored and adopted” by Fortis as well as Wachovia. (Id.)

B & G PLASTICS, INC. v. Eastern Creative Industries, Inc.

269 F. Supp. 2d 450 · District Court, S.D. New York · Jul 3, 2003

The Report’s recommendations in this matter are certainly not clearly erroneous. … However, it is necessary that the inventor apply “knowledge clearly present in the prior art.” Id.

Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.)

549 B.R. 21 · District Court, S.D. New York · Feb 1, 2016

The chart clearly shows it did not exist during the period of the Avoca Plant’s operations. … Judge Gropper’s findings of liability against Kerr-McGee Corp. in the Adversary Proceeding clearly do not qualify.

Mobil Oil Corp. v. Federal Trade Commission

430 F. Supp. 855 · District Court, S.D. New York · Mar 1, 1977

Id. at 190. 17 This situation is clearly distinguishable from the case before the Court. … The situations presented by the above two groups of cases are clearly distinguishable from the instant suit.

Fasanello v. United Nations International School

District Court, S.D. New York · Dec 18, 2019

Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the Producing Party or its counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly … challenge to the Court, The Producing Party bears the burden of establishing the privileged nature of any inadvertently produced information or materials.

Kane v. Healthfirst, Inc.

120 F. Supp. 3d 370 · District Court, S.D. New York · Aug 3, 2015

However, while such claims might qualify as “obligations,” the mere existence of an “obligation” does not establish a violation of the FCA. … Based on the plain text of the NYFCA, the State legislature clearly intended to create a civil penalty scheme.

Topping v. Deloitte Touche Tohmatsu CPA, Ltd.

95 F. Supp. 3d 607 · District Court, S.D. New York · Mar 27, 2015

its prior guidance” insufficient to constitute a partial disclosure, because nothing in that announcement suggested that the failure to meet projections was due to fraud, “as opposed to the later announcement which was clearly … The Court concludes that Cohen Milstein is qualified to serve as lead counsel for plaintiffs and approves Ordway’s selection. III.

Mendivelso v. United States

507 F. Supp. 2d 331 · District Court, S.D. New York · Aug 17, 2007

The language of the Plea Agreement clearly contemplates that Mendivelso may seek safety valve relief up to the time of his sentencing. (Agreement 3.) … It is well-established that “if a petitioner fails to assert a claim on direct review, he is barred from raising the claim in a subsequent § 2255 proceeding unless he can establish both cause for the procedural default and

United States v. Burford

755 F. Supp. 607 · District Court, S.D. New York · Jan 28, 1991

The Second Circuit has clearly outlined the analysis for considering the timeliness of sealing audio recordings obtained through electronic surveillance. … See Vazquez, 605 F.2d at 1279 (shortage of qualified personnel to translate conversations, equipment shortages and necessity to duplicate explained delay ranging from seven to thirteen days); United States v.

Petersen Energia Inversora, S.A.U. v. Argentine Republic

District Court, S.D. New York · Jun 5, 2020

The Court, however, concluded otherwise and found that it possessed jurisdiction over the case under the Foreign Sovereign Immunities Act (the “FSIA”). Id. at *4, *7. … “New York clearly has a strong interest in policing activities directed toward its stock markets,” Cyberscan Tech., Inc. v.