Case law

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).

Natural Resources Defense Council v. Evans

254 F. Supp. 2d 434 · District Court, S.D. New York · Mar 31, 2003

Background The Magnuson Act of 1976 established a statutory framework to conserve and manage fishery resources. 16 U.S.C. §§ 1801 to 1883. … Ample record evidence — including, among other things, the comments and reports of academics and fishing industry representatives — establishes clearly that the Defendants arrived at the conclusion that no identifiable adverse

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.

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.

Western Air Lines v. Port Auth. of NY & NJ

658 F. Supp. 952 · District Court, S.D. New York · Sep 3, 1986

Consequently, the court held, the Town was immune from the antitrust challenge by virtue of the state action doctrine. … The extent of “proprietary powers and rights” has not as yet been established.

Tulloch v. Immigration & Naturalization Service

175 F. Supp. 2d 644 · District Court, S.D. New York · Sep 24, 2001

As such, the record belies Petitioner’s claim and no prejudice has been established. … The present provisions of the INA, as amended by the AEDPA and IIRIRA, clearly bar Mr. Tulloch from seeking relief from removal. Moreover, Mr.

Burns v. Schell

District Court, S.D. New York · Sep 4, 2020

Apr. 29, 2019) (petition for a writ of habeas corpus construed as § 1983 action; dismissed for failure to state a claim and on immunity grounds); Burns v. State of NY, ECF 1:18-CV-9561, 4 (S.D.N.Y. … Melindez, 199 F.3d 108, 113 (2d Cir. 1999) (requirement of notice and opportunity to be heard “plays an important role in establishing the fairness and reliability” of the dismissal order, “avoids the risk that the court

Securities & Exchange Commission v. Lybrand

200 F. Supp. 2d 384 · District Court, S.D. New York · May 10, 2002

The SEC has established a prima facie case. … As noted above, to qualify for the protection of Rule 144(k), defendants must establish that at the time they sold the corporations’ shares they had not been affiliates of the issuer for the *395 preceding three months and

Jean-Gilles v. County of Rockland

463 F. Supp. 2d 437 · District Court, S.D. New York · Nov 29, 2006

Sherwood did not limit the applicability of this policy to commissioners and department heads; she clearly testified that it applied to “county employees” and she clearly indicated that it applied to Jean-Gilles because “ … As a result, most of plaintiffs case-in-chief was dedicated to showing that Jean-Gilles was highly qualified for the promotion he did not get.

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.

Smith v. Veterans Affairs Harbor Healthcare System

District Court, S.D. New York · Mar 12, 2021

official capacities, except where that immunity has been waived. … immunity, Plaintiff’s claims are barred by sovereign immunity and must be dismissed.

McNeill v. New York City Housing Authority

719 F. Supp. 233 · District Court, S.D. New York · Aug 14, 1989

Under the Valley Forge test, plaintiffs clearly have standing to assert their claims against NYCHA. … Plaintiffs need not establish the precise number of class members in order to satisfy the numerosity requirement. Ellender v.

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).

Oklahoma Firefighters Pension & Retirement System v. Student Loan Corp.

951 F. Supp. 2d 479 · District Court, S.D. New York · Jun 25, 2013

Students were required to meet strict Department of Education underwriting criteria to qualify to receive FFEL loans, including attendance at an eligible educational institution and minimum creditworthiness. (Id. ¶ 29.) … As an initial matter, they simply have not established defendants’ failure to disclose any information.

Alarmex Holdings, LLC v. Gowan

527 B.R. 126 · District Court, S.D. New York · Aug 6, 2014

As to the first method: The record below does not conclusively establish whether the funds at issue were, or were not, held for Alarmex in a segregated sub-account. … But the bankruptcy court did not clearly make any such finding.

Klein v. A.G. Becker Paribas Inc.

109 F.R.D. 646 · District Court, S.D. New York · Mar 19, 1986

Joinder of such persons is clearly impracticable. See Somerville v. Major Exploration, Inc., [1984] Fed.Sec.L.Rep. ¶ 91,473 at 98,369, 102 F.R.D. 500 (S.D.N.Y.1984); Brady v. … Davella’s counsel has an outstanding reputation in the securities field, and is clearly capable of handling this litigation. Cf. Kronfeld v.

Fate v. Julienno

District Court, S.D. New York · Jul 8, 2022

Piacente or another qualified provider.” (56.1 Cntr. at 3-4). … The Court likewise need not and does not reach the issue of whether Defendant is entitled to qualified immunity.

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.

Pension Benefit Guaranty Corp. v. LTV Corp. (In Re Chateaugay Corp.)

87 B.R. 779 · District Court, S.D. New York · Jun 22, 1988

Therefore, the continued accrual of employee pension benefits results from maintaining a qualified pension plan under ERISA. … ‘[a]bsent a clearly expressed legislative intention to the contrary, [statutory] language must ordinarily be regarded as conclusive.’ ” Escondido Mutual Water Co. v.

Negron v. Ward

458 F. Supp. 748 · District Court, S.D. New York · Oct 16, 1978

, 25 and because a state-created right to treatment was clearly established prior to the acts complained of, see Kessenbrenner, supra; Dunleavy, supra; Negron, supra, the Court joins in plaintiffs’ assertion that “[i]n view … For this reason, too, Ternullo did not establish the good faith immunity defense. For the foregoing reasons, Ternullo’s motion for judgment notwithstanding the verdict or a new trial is denied. It is so ordered. 1 .