Case law

Michelsen v. Penney

41 F. Supp. 603 · District Court, S.D. New York · Oct 6, 1941

The opinion of February 5 clearly states defendant’s responsibility under both of these sources of liability. … But in the meantime they were fully qualified directors.”

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.

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.

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.

Medinol Ltd. v. Guidant Corp.

417 F. Supp. 2d 280 · District Court, S.D. New York · Feb 15, 2006

that “substantially rigid after expansion” refers to the ability of the stent to hold open the blood vessel in which it is deployed, and Guidant does not dispute that the accused products qualify as “substantially rigid … The entire connector of the accused products qualifies as a flexible link, not just the looped portion.

Franklin Resources, Inc. v. Franklin Credit Management Corp.

988 F. Supp. 322 · District Court, S.D. New York · Dec 16, 1997

At present over 5 million investment accounts have been established in one or another of the Franklin funds. … In the case at bar, Franklin Resources argues that its trademark has been diluted by tarnishment, reciting in its proposed Conclusions of Law at ¶ 37: “Clearly the defendants’ method of conducting business by aggressively

Rodriguez v. Debuono

177 F.R.D. 143 · District Court, S.D. New York · Aug 25, 1997

Personal Care Services in New York State Medicaid, established under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq. … Next, Plaintiffs must establish that the case falls within one of Rule 23(b)’s categories for which a class action is appropriate.

In Re Hyde

235 B.R. 539 · District Court, S.D. New York · Jun 25, 1999

Accordingly, this Court will review the Bankruptcy Court’s conclusions of law de novo and its factual findings under the “clearly erroneous” standard. In re Maxwell Newspapers, Inc., 981 F.2d 85, 89 (2d Cir.1992). … These concessions could establish that the documents are authentic and likely admissible against him. See Fed. R.Evid. 901.

Kreiss v. McCown De Leeuw & Co.

131 F. Supp. 2d 428 · District Court, S.D. New York · Jan 19, 2001

OSI introduced evidence concerning the book value of the options in the form of a detailed analysis by Daniel Pijut, the Corporate Controller and Vice President of OSI and a qualified CPA. … clearly contemplated by the agreement.

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 .

Klein v. Vision Lab Telecommunications, Inc.

399 F. Supp. 2d 528 · District Court, S.D. New York · Nov 18, 2005

However, plaintiffs themselves qualify this statement: “Senator Hollings only mentioned his hope that states would allow such actions to be brought in small claims court because he wished that consumers who had a limited … establishes that there is a substantial ground for difference of opinion on the issue.

Eichie v. Kuakazi

District Court, S.D. New York · Feb 1, 2023

Sovereign Immunity and Judicial Review Under the SSA Since the defendant in this case is the Commissioner of Social Security, sovereign immunity and this Court’s subject matter jurisdiction are implicated at … Plaintiff has not established a clear right either to a change in the distribution of back payments or to an alteration of Plaintiff’s paperwork.

United States v. Weissman

22 F. Supp. 2d 187 · District Court, S.D. New York · Sep 24, 1998

Weissman’s testimony about Ken-ney’s declaration was clearly material—nay, central—to the issues at the hearing. … The elements of the administration-of-justice enhancement are thus established.

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.

Sanderson v. Roethenmund

682 F. Supp. 205 · District Court, S.D. New York · Mar 22, 1988

The Court of Appeals has stated that “[b]efore changes in the rights of a security holder can qualify as the purchase of a new security ... there must be such significant change in the nature of the investment or in the investment … The underlying certificates of deposit were issued by regulated and insured domestic banks and were clearly not securities under Marine Bank .

Regeneron Pharmaceuticals, Inc. v. United States Department of Health and Human Services

District Court, S.D. New York · Dec 30, 2020

FCC, 109 F.3d 418, 426 (8th Cir. 1996) (“The threat of unrecoverable economic loss . . . does qualify as irreparable harm.”). … O’Neal is qualified to offer this assessment, based on his position and experience. (Pl.’s Reply 14–15; O’Neal Decl. ¶¶ 2–5.)

Salma v. NASA Department Headquarter

District Court, S.D. New York · Aug 31, 2020

The Court must dismiss an in forma pauperis complaint, or portion thereof, 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 … Its [sic] clearly consider[ed] like a theory. [ ] About Airway: Ozone theory existence. (Id. at 7.)

Sutton Hill Associates v. Landes

705 F. Supp. 940 · District Court, S.D. New York · Jan 30, 1989

Neither is a contract automatically immune from the requirements of the statute of frauds, however, because it is "joint venture" agreement. … This provision clearly implies that the landlord would be able to operate the Theatres during that twelve month period. 11 .

Gonzalez v. Clark

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

Court must dismiss an in forma pauperis 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 … 1 The Court “may take judicial notice of a document filed in another court . . . to establish the fact of such litigation.”

Community Bank of Sullivan County v. First National Bank of Jeffersonville

125 F. Supp. 2d 659 · District Court, S.D. New York · Dec 12, 2000

This record clearly reflects that the OCC concluded that because the area in question was heavily wooded and sparsely populated, it lacked the type of cohesive community generally understood under New York law to be necessary … As previously noted, the OCC engaged in the required fact-based analysis and concluded that the area could be best described as urban sprawl, which, under the reasoning in Putnam, 384 N.Y.S.2d at 673 , does not qualify as