Case law

Travelers Property Casualty Company of America v. Hudson Excess Insurance Company

District Court, S.D. New York · Mar 8, 2023

The Court need not resolve this (seemingly novel) issue, however, as the City clearly qualifies as an additional insured through a different provision of the Hudson policy. … In the endorsement, the prepositional phrase “for which the [the government] has issued a permit” clearly modifies the phrase “operations performed by you [RVS].”

In re Smart Technologies, Inc. Shareholder Litigation

295 F.R.D. 50 · District Court, S.D. New York · Jan 11, 2013

DISCUSSION Defendants do not contest that plaintiff has established numerosity, commonality, or adequacy under Rule 23(a). … However, the liability issue clearly predominates over individualized tracing inquiries. See United Food & Commercial Workers Union v.

Lara v. Keyser

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

established Federal law, as determined by the Supreme Court of the United States”; (2) the state court’s denial of relief “resulted in a decision that . . . involved an unreasonable application of . . . clearly established … California, 538 U.S. 11 (2003), Lara cannot show that his sentence as a persistent violent offender is “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme

Reeves Bros., Inc. v. Capital-Mercury Shirt Corp.

962 F. Supp. 408 · District Court, S.D. New York · Apr 24, 1997

Thus, in order to vacate the award Capital must establish evident partiality in excess of a mere appearance of bias. … The Second Circuit has stated “the fact that the arbitrator found in favor of the [other party] clearly does not satisfy [the movant’s] burden *415 of showing partiality” under section 10 of the Federal Arbitration Act.

Ikedilo v. Statter

District Court, S.D. New York · Sep 28, 2023

Plaintiff argues that it was “clearly erroneous” for Judge Netburn to consider this fact and make it “almost issue determinative.” Id. … Plaintiff also submits that it was “clearly erroneous” for Judge Netburn to find that Ikedilo’s “claim of discrimination was undermined by the fact that two Black residents graduated” from Montefiore.

Guardian Life Insurance v. Gilmore

45 F. Supp. 3d 310 · District Court, S.D. New York · Sep 9, 2014

Therefore, *325 we may not reverse the judgment unless we are satisfied that the claimants ... so plainly proved that the insured had the required capacity to change the beneficiary that it was clearly erroneous to hold otherwise … Because the evidence that Gilmore has submitted establishes a presumption of testamentary capacity, the burden of proof falls on Gilmore-Smit to rebut that presumption.

BIC Leisure Products, Inc. v. Windsurfing International, Inc.

761 F. Supp. 1032 · District Court, S.D. New York · Apr 8, 1991

A bench trial to establish WSI’s actual damages was held in July and August of 1990. WSI argues that the evidence at trial established total damages in the amount of $8,745,444.00 in lost profits. … the existence of a two-player market is not an absolute prerequisite to the recovery of lost profits, BIC stresses that lost profits recovery in a multi-player market is appropriate only when the patentee can demonstrate clearly

Renaissance Cosmetics, Inc. v. Development Specialists Inc.

277 B.R. 5 · District Court, S.D. New York · Jan 14, 2002

As RCI concedes, this Action is clearly “related to” the Bankruptcy Proceeding. See Pl. 11/23/01 Ltr. at 1. … RCI clearly meets the first, second, and fifth requirements of section 1334(c)(2).

Billhofer v. Flamel Technologies, SA

663 F. Supp. 2d 288 · District Court, S.D. New York · Oct 5, 2009

Rather, “[t]o qualify as ‘strong’ within the intendment of § 21D(b)(2), ... an inference of scienter must be more than merely plausible or reasonable—it must be cogent and at least as compelling as any opposing inference … In this case, the allegations clearly give rise to a plausible claim of securities fraud.

Foster v. United Parcel Service of America, Inc.

District Court, S.D. New York · Jun 24, 2025

Plaintiffs NYSHRL discrimination stemming from Plaintiff’s removal fails as a matter of law as the record clearly establishes that UPS Freight had a legitimate, nondiscriminatory reason for the adverse action Plaintiff … However, Plaintiff’s NYSHRL must fail as a matter of law because the record clearly establishes that UPS Freight took the adverse employment action for legitimate, nondiscriminatory reasons.

Egiazaryan v. Zalmayev

880 F. Supp. 2d 494 · District Court, S.D. New York · Jul 30, 2012

To qualify as opinion, the statement must be accompanied by a recitation of the accurate facts on which it is based. Steinhilber v. Alphonse, 68 N.Y.2d 283, 289 , 508 N.Y.S.2d 901 , 501 N.E.2d 550 (1986). … Moreover, in the context of the political associations involved in this case, the word “friend” is too vague, and the relationship it describes too immune to proof, to be an expression of fact.

Elleby v. Coveny

District Court, S.D. New York · Oct 16, 2019

Judge Aaron determined that the state court that had previously denied Petitioner’s claim did not unreasonably apply clearly established federal law. (Id.). … The Report determined that the state court did not unreasonably apply clearly established federal law in so doing. And this Court concludes that the Report did not clearly err in reaching that conclusion.

The Sarah Starr

21 F. Cas. 462 · District Court, S.D. New York · Nov 15, 1861

These arrangements are also insisted upon as securing to the claimant an entire immunity in every port of the United States as a resident British merchant. … The alien friend clearly could not, under the reservation expressed in the treaties, carry on a trade interdicted by the local law.

Richardson v. Newburgh Enlarged City School District

984 F. Supp. 735 · District Court, S.D. New York · Nov 12, 1997

Richardson, an African-American, is clearly a member of a protected class. … Even the president of the NTA stated: “To me it’s pretty obvious that the District was clearly interested in hiring ... qualified minority teachers____” (Co-lone Dep. at 53.)

Kim

District Court, S.D. New York · Mar 25, 2026

The statute further prohibits “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 … Plaintiff alleges that this comment was “clearly” a reference to Plaintiff’s requests for leave and her responsibilities taking care of her child. Id.

Baer v. Duff & Phelps, LLC

District Court, S.D. New York · Apr 18, 2023

If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). … If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins).

Savarese v. City of New York

District Court, S.D. New York · Jul 2, 2021

Where a defendant asserts the defense of qualified immunity, the standard is even more relaxed. An officer has immunity from a Section 1983 false arrest claim when she has “arguable probable cause.” Cerrone v. … Jenkins, 478 F.3d at 88 (an officer has qualified immunity against a claim of false arrest when “officers of reasonable competence could disagree on whether the probable cause test was met”) (quoting Lennon v.

Jones v. Hirschfeld

348 F. Supp. 2d 50 · District Court, S.D. New York · Sep 13, 2004

“A judge’s ordinary efforts at courtroom administration — even a stern and short-tempered judge’s ordinary efforts at courtroom administration — remain immune.” Id. at 556 , 114 S.Ct. 1147 . … Clearly, defendant’s motion for summary judgment, although poorly constructed, is not frivolous — to the contrary, it is meritorious.

Ram v. Blum

533 F. Supp. 933 · District Court, S.D. New York · Feb 9, 1982

First, since it is uncontested that there are presently about 10,000 AFDC-eligible families having earned income in New York City alone, the numerosity requirement of Rule 23(a)(1) is clearly met. … The AFDC program was established in 1935 by the enactment of Title IV of the Social Security Act, Pub.L. No. 74 — 271, 49 Stat. 620 (1935).

Price v. Koenigsmann

District Court, S.D. New York · Jan 13, 2022

In the alternative, Defendants argue that: (1) Plaintiff has failed to allege any sufficient facts to establish that Defendants were personally involved in the alleged Eighth Amendment violations to establish individual … Because the Court has found Plaintiff’s Amended Complaint to be subject to dismissal, the Court declines to address Defendants’ argument that Defendants are entitled to qualified immunity.