Case law

Moore

District Court, S.D. New York · Mar 16, 2026

Feb. 23, 2024) (requiring “clearly defined, specific and serious injury”). … That DOCCS produced a different video (the handheld video) in response to a FOIL request does not establish that the BWC footage, which Plaintiff concedes captures the alleged assaults more clearly, must be treated identically

Plummer v. Chemical Bank

579 F. Supp. 1364 · District Court, S.D. New York · Feb 2, 1984

Adequacy of Representation [5] The evidence adduced at the November 28, 1983 hearing clearly demonstrates Plummer’s adequacy as a class representative. … Clearly these figures lend credibility to Plummer’s complaint that he, like many others in the class, is a victim of salary discrimination.

Barcher v. New York University School of Law

993 F. Supp. 177 · District Court, S.D. New York · Jan 29, 1998

Plaintiff argues that defendants have apprehended her theory, asserting “[plaintiffs complaint clearly sets forth a claim of quid pro quo sexual harassment.” Plaintiffs Memorandum, p. 7. … A plaintiff need not establish that the conduct she opposed was in fact a violation of Title VII, but must establish that she had a “good faith, reasonable belief that the underlying challenged actions of the employer violated

Hunter v. Central Union Trust Co. of New York

17 F.2d 174 · District Court, S.D. New York · Dec 31, 1926

Garvan, Alien Property Custodian, duly appointed, qualified, and acting under the provisions of the act of Congress known as the Trading with the Enemy Act, approved October 6, 1917, and the amendments thereto and the proclamations … Thereby a situation would have been created which Congress clearly did not intend.

Hogan v. Metromail

107 F. Supp. 2d 459 · District Court, S.D. New York · Aug 9, 2000

In 1999, Experian established an incentive program that awarded bonuses to salespersons who exceeded the individual quotas established for them by management. Id. ¶ 18 (e). … Hazen and related cases, as well as ERISA itself, clearly establish that a party can raise both federal statutes in the same complaint, and that each is to be considered on its own merits.

Schuyt v. Rowe Price Prime Reserve Fund, Inc.

663 F. Supp. 962 · District Court, S.D. New York · Jul 1, 1987

As noted by the court in Gartenberg , the legislative history of section 36(b) clearly establishes that Congress intended that the court look at all the facts in connection with the determination and receipt of such compensation … The evidence before this Court clearly indicates that if Mr.

Actava TV, Inc. v. Joint Stock Company "Channel One Russia Worldwide"

District Court, S.D. New York · Mar 18, 2024

Rather than establishing clear error, many of Defendants’ objections merely take aim at Magistrate Judge Willis’ substantive decisions without establishing lacking implausibility. … Of course, the immunity is “not absolute.” In re DDAVP Direct Purchaser Antitrust Litig., 585 F.3d 677, 686 (2d Cir. 2009).

De Jesus-Keolamphu v. Village of Pelham Manor

999 F. Supp. 556 · District Court, S.D. New York · Apr 3, 1998

Moreover, plaintiffs’ own exhibits clearly reflect that Shore View Circle is not “isolated,” and this one street does not constitute a “neighborhood.” … (Am.ComplV 326.) 4 Plaintiffs clearly lack standing to bring a Title VI claim on behalf of the group home residents.

Kelly v. Chase Manhattan Bank

717 F. Supp. 227 · District Court, S.D. New York · Jul 17, 1989

would establish merely a floor for an employer’s future obligations. … The framework established in McDonnell Douglas Corp. v.

Koss v. Wackenhut Corp.

704 F. Supp. 2d 362 · District Court, S.D. New York · Mar 25, 2010

The Court is persuaded that the CBA clearly and unambiguously entitles a Non-supervisory Employee to the bonus if (1) his position no longer exists at the completion of the integration process, and (2) as a result, he is … payment of the Stay Bonus required only that Wackenhut determine, at the time it ceased operating at IP2 or shortly thereafter, whether the employee received a job at Entergy, the Court finds that the Stay Bonus does not qualify

Kye v. O'Hare

District Court, S.D. New York · Sep 15, 2023

Nassau 11 Cnty., 24 F.4th 98, 107 (2d Cir. 2022) (“Even where actual probable cause does not exist, an officer may be entitled to qualified immunity on … Kentucky, 407 U.S. 104, 109 (1972)) (finding no clearly established First Amendment right to observe police officers as of 2015).

In Re Corning, Inc. Securities Litigation

349 F. Supp. 2d 698 · District Court, S.D. New York · Dec 22, 2004

The board was told about stepped-up public relations measures by Dow Corning, including the establishment of a breast implant safety hotline. … Overall, women with silicone breast implants do not display a silicone-induced systemic abnormality in the types or functions of cells of the immune system.

Stetson v. Duncan

707 F. Supp. 657 · District Court, S.D. New York · May 25, 1988

“So whereas all rights will be owned by The Diamonds, they will grant him immunity to use the name in that proscribed — prescribed fashion. … The court articulated four factors it had previously established in R.G. Group, Inc. v.

Bridges v. The State of New York Correctional Services

District Court, S.D. New York · May 12, 2020

As such, the official is entitled to invoke Eleventh Amendment immunity belonging to the state and its instrumentalities, such as DOCCS. Ying Jing Gan v. … To establish a prima facie claim under the ADA, a plaintiff must allege that: “(1) that he is a ‘qualified individual’ with a disability; (2) that the defendants are subject to the ADA; and (3) that the plaintiff was ‘denied

RSUI Indemnity Co. v. RCG Group (USA)

890 F. Supp. 2d 315 · District Court, S.D. New York · Jul 31, 2012

Co., 98 N.Y.2d 208, 220 , 746 N.Y.S.2d 622 , 774 N.E.2d 687 (2002) (“Once coverage is established, the insurer bears the burden of proving that an exclusion applies”). … Bovis is clearly distinguishable.

Top Form Mills, Inc. v. Sociedad Nationale Industria Applicazioni Viscosa

428 F. Supp. 1237 · District Court, S.D. New York · Mar 16, 1977

Societa has established with Snia that Societa will fill all Snia’s orders for fabric as long as Snia continues to make a profit. … Neither VWAG nor VWoA was qualified to do business in New York, and neither had an office or place of business here.

Moore Capital Management, L.P. v. Giddens (In re Lehman Bros.)

533 B.R. 362 · District Court, S.D. New York · Mar 17, 2015

contracts, or to secure or extend the credit, of any customer or person other than the one for whom the same are held.... 46 Similarly, an FCM must hold exchange-traded foreign-futures customer funds “under an account name that clearly … In a SIPA liquidation, a fund of “customer property,” separate from the general estate of the failed broker-dealer, is established for priority distribution exclusively among customers.

Torah Soft Ltd. v. Drosnin

224 F. Supp. 2d 704 · District Court, S.D. New York · Sep 16, 2002

It is well-established that in the absence of proof of foreign law, the law of the forum governs. … Suffice it to say that Revson sets the low water mark defining the ethical and professional behavior on the part an attorney that passes muster immune from discipline. Mathias v.

Vazquez-Diaz v. Doe

District Court, S.D. New York · Aug 17, 2021

Apr. 16, 2007), which was dismissed for failure to state a claim on which relief may be granted and on immunity grounds; (4) Vasquez v. … role in establishing the fairness and reliability” of the dismissal order, “avoids the risk that the court may overlook valid answers to its perception of defects in the plaintiff’s case,” and prevents unnecessary appeals

Patterson v. NEWSPAPER & MAIL DEL. U. OF NY & VIC.

384 F. Supp. 585 · District Court, S.D. New York · Oct 11, 1974

With the same purpose, funds have been established by the defendants to provide back pay awards chiefly to these persons. The Intervenors’ Objections The Group III list at the News numbers 178. … Having carefully considered the matter in light of the principles briefly discussed above and after a careful review of a number of qualified men and women who might be available for appointment, the Court has decided to