Case law

Baird v. Boies, Schiller & Flexner LLP

219 F. Supp. 2d 510 · District Court, S.D. New York · Aug 28, 2002

The Alleged Discrimination Baird and Porter maintain that they were at least as qualified as their male counterparts on the partnership track. (Id. ¶ 44). … The differences between senior attorneys and associates were clearly explained to Baird, and she accepted the Firm’s offer of employment as an associate. (Id. ¶ 28).

Madden v. INTERN. ASS'N OF HEAT & FROST INSULATORS

889 F. Supp. 707 · District Court, S.D. New York · Apr 19, 1995

the LMRA The individual Defendants also argue that Madden has failed to state a claim against them under Section 301 of the LMRA, ("§ 301"). [4] The individual Defendants *712 assert that courts have construed § 301(b) to immunize … Two Supreme Court cases have established the analytical framework for § 301 claims against individual union officers. In Atkinson v.

Neuroaxis Neurosurgical Associates, PC v. Costco Wholesale Co.

919 F. Supp. 2d 345 · District Court, S.D. New York · Jan 23, 2013

A person seeking to recover under ERISA qualifies as a participant or beneficiary with standing to sue as long as they have a “colorable claim to vested benefits.” Firestone Tire & Rubber Co. v. … In order for an assignee to prevail on an ERISA claim, however, the assignee must establish the existence of a valid assignment that comports with the terms of the welfare benefits plan.

Fusco v. Westchester County Department of Corrections

District Court, S.D. New York · Apr 1, 2021

“[A]n inmate cannot establish relevant actual injury simply by establishing that his prison’s law library or legal assistance program is subpar in some theoretical sense.” Lewis, 518 U.S. at 351. … Mar. 22, 2007) (“While a prisoner’s right to meaningful access to the courts is clearly protected by the First Amendment right to petition the government, the same cannot be said for the prison grievance system.”).

Foster Wheeler Corp. v. BABCOCK & WILCON CO.

512 F. Supp. 792 · District Court, S.D. New York · Apr 8, 1981

Where the inventors so clearly thought and so clearly taught that the interlaced and the side-by-side arrangements are not equivalent, and that their advance consists of employing the one to overcome the difficulties of the … In the absence of a clear declaration of such intent, the Court will not imply an obligation to pay royalties for an immunity that neither Foster Wheeler nor its customers would ever need.

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.

Kalb v. Wood

38 F. Supp. 2d 260 · District Court, S.D. New York · Feb 19, 1999

The potential loss of his present position has clearly added considerable strain such that Mr. Kalb has had difficulty coping. I would recommend, therefore, at this time Mr. … Kalb fails, however, to establish a causal connection between the speech and adverse act.

Maldonado v. Burge

697 F. Supp. 2d 516 · District Court, S.D. New York · Mar 23, 2010

Under AEDPA, the threshold question is whether the claim is governed by any applicable clearly established federal law. Here, it is. … The Court, however, concludes that petitioner’s interpretation of the term “meritorious” appears overly broad and, in any event, certainly does not qualify as clearly established federal law within the meaning of AEDPA.

Juando v. Taylor

13 F. Cas. 1179 · District Court, S.D. New York · Aug 15, 1818

Under all the circumstances of the case, I am clearly of opinion that the defendant is no longer a citizen of this country. … It will not be denied that an exception to a general rule is to be taken strictly; that it goes no further than ’its terms clearly imply.

In re Flag Telecom Holdings, Ltd. Securities Litigation

245 F.R.D. 147 · District Court, S.D. New York · Sep 4, 2007

P. 23 are well-established. … Defendants’ argument is, to say the least, unpersuasive. “ ‘[I]t is well established that “in complex actions such as securities actions, a plaintiff need not have expert knowledge of all aspects of the case to qualify as

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.

United States v. Dolinger

384 F. Supp. 682 · District Court, S.D. New York · Oct 18, 1974

At a pre-induction physical examination he was found qualified, following which he was ordered, on September 26, 1966, to report for induction on October 10, 1966. … Since defendant had failed or refused to report pursuant to the induction order of June 5, 1970, this provision clearly applied to him.

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.

Dibiase v. United States

District Court, S.D. New York · May 29, 2020

To qualify for an evidentiary hearing on an ineffective assistance of counsel claim, the petitioner needs to establish a plausible claim, not that he will succeed on that claim. Raysor v. … [such as] omit[ing] significant and obvious issues while pursuing issues that were clearly and significantly weaker.”).

Fellah v. City University of New York

District Court, S.D. New York · Sep 30, 2022

Fellah alleges that Miller was a Peace Officer at CUNY, which does not qualify as an “employer” for purposes of the NYSHRL. … A claim is 3 While CUNY asserted sovereign immunity as an affirmative defense in its Answer, see Dkt. 52 ¶ 120, CUNY has generally participated in this case.

United States Securities & Exchange Commission v. Monarch Funding Corp.

983 F. Supp. 442 · District Court, S.D. New York · Oct 28, 1997

Many witnesses would not have been immunized. … The Bertoli sentencing, however, was anything but a garden-variety sentencing and for the reasons set forth above, we conclude that the Defendant’s role in the relevant frauds has been so clearly established that he is not

United States v. Portrait of Wally

663 F. Supp. 2d 232 · District Court, S.D. New York · Sep 30, 2009

Leopold clearly contemplated acquiring Wally for himself at that time. … Indeed, the Museum acknowledged at oral argument that the Government is “immune” from the laches defense. (O/A Tr. 27:17-21.)

Griffin v. Ambika Corp.

103 F. Supp. 2d 297 · District Court, S.D. New York · Jul 13, 2000

Lydia Griffin’s formal NYSDHR complaint clearly falls into the category of “protected activity.” … Here, McKay and Zolcinski were clearly plaintiffs' supervisors. "The employer may rebut that presumption ...

Conti v. Doe

District Court, S.D. New York · Apr 22, 2021

that may immunize a declarant from liability for a defamatory statement, unless the declarant has abused the privilege. … In sum, the qualified common interest privilege does not apply to Doe’s statements that Dr.

FRANKLIN SAV. BANK IN CITY OF NEW YORK v. Levy

406 F. Supp. 40 · District Court, S.D. New York · Dec 24, 1975

At this point I find that the paper could no longer be considered prime paper and qualify for exemption from the provisions of Section 10(b). … The information which it failed to disclose was clearly material since “a reasonable man would attach importance [to it] in determining his choice of action in the transaction . .” List v.