Case law

Rizzuto v. Nexxus Products Co.

641 F. Supp. 473 · District Court, S.D. New York · Aug 4, 1986

These statements of undisputed fact clearly refer to sales persons who, plaintiffs do not deny, were making false statements about Redding and Nexxus. … So, too, plaintiffs have failed to establish that the articles are libellous.

Rosendale v. LeJeune

420 F. Supp. 2d 315 · District Court, S.D. New York · Mar 13, 2006

On November 30, 1990, Tamarack submitted an application to the Town Board of Appeals for a Special Use Permit to establish a rod and gun club. … Where a factual claim or a claim of evil motive is clearly implausible, as in this case, summary judgment is appropriate on the theory that no reasonable juror could find in favor of the non-moving party.

HDI Global Insurance Co. v. Kuehne + Nagel, Inc.

District Court, S.D. New York · Oct 23, 2024

Unless that number is “[p]lainly contradicted by contrary evidence of the parties’ intent,” or “refers to items that cannot qualify as ‘packages,’” the inquiry ends there. Id. … The thrust of its argument is that the Court’s ruling violates the “clear bright-line rule” established by Seguros that would have the figure under the “NO. OF PKGS.” column govern in every case. Dkt. No. 40 at 6.

1-800 CONTACTS, INC. v. WhenU. Com

309 F. Supp. 2d 467 · District Court, S.D. New York · Dec 22, 2003

The first sentence of 17 U.S.C. § 101 also allows “non-original” works to qualify for “derivative” work status. … Having established a likelihood of confusion, Plaintiff has established both a likeli *505 hood of success on the merits and irreparable harm on its trademark infringement claim. Hasbro, Inc. v. Lanard Toys.

Banque De France v. Equitable Trust Co. of New York

33 F.2d 202 · District Court, S.D. New York · Mar 21, 1929

Assumes that the claim set forth in plaintiff’s demand is true, and it sets forth facts which the respective defendants contend established the defense that the gold sought to be recovered is immune from judicial processes … We are clearly of opinion that the plaintiff failed in this particular. In Monnot v.

Bowrin v. Catholic Guardian Society

417 F. Supp. 2d 449 · District Court, S.D. New York · Mar 2, 2006

To begin with, they clearly perform related activities. Indeed, they perform identical activities. … The collective bargaining agreement defendant relies on here is clearly distinguishable.

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.

UBS SECURITIES LLC v. Voegeli

684 F. Supp. 2d 351 · District Court, S.D. New York · Jan 26, 2010

Defendants’ second theory for why they qualify as customers of UBS Securities is based on an untenable interpretation of the definition of “customer” in the FINRA rules. … This is insufficient to establish a customer relationship with UBS Securities.

In Re Application of Chevron Corp.

709 F. Supp. 2d 283 · District Court, S.D. New York · May 20, 2010

The Court therefore assumes that the qualified journalists' privilege applies to Berlinger's raw footage. A. … Berlinger's own statements demonstrate that this Court's finding as to confidentiality was not clearly erroneous. Berlinger's statements, moreover, do not stand alone on this point.

Noel v. City Of New York

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

Plaintiffs contend that while “New York City has unique characteristics[,]” it is not “immune to the persistent and widespread patterns that Professor Orfield has observed” and described in his Report. (Id.) … Like the defendant in Joffe, the City has failed to persuasively establish that the general trends and phenomena the expert identifies would not have some applicability to New York City.

Jacob v. Duane Reade, Inc.

289 F.R.D. 408 · District Court, S.D. New York · Mar 20, 2013

As a class, they seek a determination as to whether their work so deviates from the description upon which their exempt classification is based to constitute a legitimate claim under NYLL — clearly a question that presents … 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.”

In re Sumitomo Copper Litigation

189 F.R.D. 274 · District Court, S.D. New York · Oct 7, 1999

That presumption clearly attaches here. C. The Grinnell Factors In City of Detroit v. … The Risks of Establishing Liability Strongly Favor the Proposed Settlements There are numerous legal and factual risks of establishing liability.

United States v. Mercado

359 F. Supp. 604 · District Court, S.D. New York · Nov 22, 1972

While he was given an interview in a nominal sense, the Board declined to reopen his classification solely because of the rule established in Ehlert . … The fact that he was ready to engage in house to house ministry does not qualify him for more. By 50 U.S.C.

Harris v. Totten

244 F. Supp. 2d 229 · District Court, S.D. New York · Jan 31, 2003

Segarra, 217 F.Supp.2d 394, 397 (S.D.N.Y.2002) (letter sent by inmate to superintendent does not qualify as exhaustion where inmate did not follow the IGP); Hemphill v. … Rodriguez-Mateo, 292 F.3d 31, 36 (1st Cir.2002) (“[The PLRA] clearly contemplates exhaustion prior to the commencement of the action as an indispensable requirement.

Feldman v. Zoetop Business Co., Ltd.

District Court, S.D. New York · Jun 1, 2022

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).

Hoffman Motors Corporation v. Alfa Romeo SpA

244 F. Supp. 70 · District Court, S.D. New York · Jul 28, 1965

S.p.A. was clearly “found” in Italy and Hoffman Corp. contends that it could therefore be served there. … S.p.A. was clearly transacting business within the meaning of the venue provisions of § 22.

In Re Grand Jury Subpoena Duces Tecum, Etc.

522 F. Supp. 977 · District Court, S.D. New York · Sep 9, 1981

If those cases establish anything, it is that generalization about this type of document may easily mislead. Some so-called diaries are clearly corporate or required records. … Peter, 479 F.2d 147, 149 (6th Cir. 1973) (“Appellant could not clothe the records of his two corporations with immunity by mingling them with his personal records.”); United States v.

Askins v. The City of New York

District Court, S.D. New York · Dec 5, 2022

The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … “Additionally, to establish a violation under the Rehabilitation Act, a plaintiff must show that the 4 Following the Supreme Court of the United States’s ruling in Gross v. FBL Fin.

In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

824 F. Supp. 2d 524 · District Court, S.D. New York · Jun 20, 2011

a public nuisance in light of the other facts it has established as to each site. 1. … To qualify, and thus be enjoinable [or abatable], the interference must be both substantial and unreasonable.