Case law

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 .

United States v. Fargas

267 F. Supp. 452 · District Court, S.D. New York · Apr 5, 1967

There allegations as to the authority of the congressional subcommittee to conduct the inquiries at which defendants were asked the questions which they were charged with refusing to answer were held essential to establish … Here the authority of the local board to issue the order which Fargas refused to obey is clearly spelled out in the statute and the regulations duly promulgated thereunder which are alleged in the indictment.

Pioneer Business Services, LLC v. VistaJet US, Inc.

District Court, S.D. New York · Aug 12, 2022

If it comes to a Party or non-party's attention that any Discovery Materials that it designated for protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that … This provision does not relieve the filing Party of serving the document on other Parties in accordance with ordinary procedures established by the civil and local rules or Court order.

Thomas v. Sullivan

713 F. Supp. 114 · District Court, S.D. New York · May 25, 1989

The deemed widow provision states: In any case where ... an applicant is not ... the widow [of an insured individual] but it is established to the satisfaction of the Secretary that such applicant in good faith went through … The discretion belongs to Congress, unless the choice is clearly wrong, a display of arbitrary power, not an exercise of judgment."

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.

Banks Ex Rel. Banks v. Yokemick

177 F. Supp. 2d 239 · District Court, S.D. New York · Dec 3, 2001

Wegmann, 436 U.S. 584, 588 , 98 S.Ct. 1991 , 56 L.Ed.2d 554 (1978) (in structing that if � 1983 does not clearly address or provide a solution for a particu lar issue state law should supply the rule of decision insofar as … Such cases may introduce unique permutations into the § 1983 rule of decision inquiry that may affect its results — for example, the application of qualified immunity doctrines available to government agents only.

In Re Union Carbide Corporation Gas Plant Disaster

634 F. Supp. 842 · District Court, S.D. New York · Jun 10, 1986

As third-party defendants, they might be immune from suit in the United States by the terms of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq. … Clearly, the administrative costs of this litigation are astounding and significant.

American Health Products Co., Inc. v. Hayes

574 F. Supp. 1498 · District Court, S.D. New York · Nov 14, 1983

A bean flour suitable for use in the manufacture of food might be immune to regulation under section 321(g)(1)(C). … Thus, the manufacturers have by no means established that a consensus exists as to the effectiveness of starchblockers for their claimed purpose.

Makofsky v. Ultra Dynamics Corporation

383 F. Supp. 631 · District Court, S.D. New York · Oct 16, 1974

However, we do not agree with the next step in Makofsky’s argument: that a bare showing of access to inside information establishes as a matter of law the possibility of speculative abuse. … Somewhat inconsistently, Ultra also argues that the facts clearly establish that it would not have exercised the option (incurring substantial financial commitment) if it doubted for a moment the success of the October 16th

GRAMERCY SPIRE TENANTS'ASS'N v. Harris

446 F. Supp. 814 · District Court, S.D. New York · Sep 16, 1977

Sindermann, 408 U.S. 593 , 92 S.Ct. 2694 , 33 L.Ed.2d 570 (1972), has provided a definitional framework for the determination of which interests qualify as "property" interests warranting that protection. … Clearly, protection of the utmost import is afforded tenants under the RSL. A basic level of fair rent increase is established by the Rent Guidelines Board.

United States Ex Rel. Laudati v. Ternullo

423 F. Supp. 1210 · District Court, S.D. New York · Nov 30, 1976

In habeas corpus proceedings, however, federal courts “should not consider claims of mental incompetence to stand trial where the facts are not sufficient to positively, unequivocally and clearly generate a real, substantial … Facts which would tend to support a claim of mental incompetence would be: “a history of mental illness [and] substantial evidence of mental incompetence at or near the time of trial supported by the opinions of qualified

Campbell v. City of New York

101 F. Supp. 2d 248 · District Court, S.D. New York · Jun 27, 2000

Weisenfreund, nor does it qualify Mr. Campbell to return to full duty and carry a gun.” See id. at Exh. 46, Medical *252 Board Report dated July 25, 1996 (“1996 Med. Report”), at 2. … DISCUSSION To demonstrate a violation of Section 1983, a plaintiff must show that a person or entity, acting under color of state law, deprived him of the rights, privileges, or immunities guaranteed by the Constitution or

Group Health Inc. v. United States

662 F. Supp. 753 · District Court, S.D. New York · Jun 10, 1987

Conclusion “The United States government has waived its sovereign immunity conditionally, and, in actions under the FTCA, has consented to suit only when the statutory conditions of § 2401(b) have been satisfied.” … Schweiker to support their claim preclusion arguments, even though the portions cited are clearly examples of issue preclusion. See Defendants Memorandum of Law at 41.

United States v. Biaggi

680 F. Supp. 641 · District Court, S.D. New York · Feb 29, 1988

The Clerk then estimates the number of persons to whom Juror Qualification Questionnaires must be sent to obtain an adequate supply of qualified jurors for service over the next six months. … These figures clearly satisfy Alston’s test. Nevertheless, the court is obliged to grant the Government’s motion because Mariotta has not established the third element of his prima facie case.

In Re American Express Co. Shareholder Litigation

840 F. Supp. 260 · District Court, S.D. New York · Dec 22, 1993

While there is apparently no case law on point, to permit the statute of limitations to run in these circumstances would clearly be inequitable. … However, even if the Court considered these allegations for the purposes of establishing continuity, this Court would not find that continuity had been established in light of the other factors considered below. 2 .

Larach-Cohen v. David C. Banks

District Court, S.D. New York · Mar 30, 2021

Schutz, 290 F.3d 476, 480 (2d Cir. 2002)), New York has waived its sovereign immunity with respect to IDEA claims. Schutz, 290 F.3d at 480. … The Supreme Court has stated clearly that this is the only private right of action available under the IDEA. Fry v. Napoleon Community Schools, 137 S.

Miller v. Goody

139 F. Supp. 176 · District Court, S.D. New York · Mar 16, 1956

For a judge to attempt to qualify or amplify the rights Congress delineated in such detail would be both imprudent and improper. In this regard, the words of Judge Learned Hand in RCA Mfg. Co. v. … “We are adjured that courts must adjust themselves to new conditions, and that in the case at bar justice clearly points the way to some relief.

Apex Oil Co. v. Dimauro

110 F.R.D. 490 · District Court, S.D. New York · Sep 18, 1985

A Qualified Privilege Notwithstanding the absence of any legal basis for an assertion of an absolute privilege, the Exchange may be entitled to a more limited form of protection for the investigatory materials at issue here … This interest would clearly be undermined by making NASD files fair game for any of the thousands of private securities fraud litigants across the country who wish to shortcut their own discovery efforts and instead to reap

Simpkins v. Bellevue Hospital

832 F. Supp. 69 · District Court, S.D. New York · Aug 18, 1993

John Doe, to see if he was qualified to perform said surgery properly. … To be sure, if it were to have been drafted by a lawyer, the simple addition of a few key words would have brought it clearly into an acceptable form.

Grill v. Philip Morris USA, Inc.

653 F. Supp. 2d 481 · District Court, S.D. New York · Sep 8, 2009

The Court in Cipollone found that failure to warn claims which required plaintiffs to show that defendants’ “post-1969 advertising or promotions should have included additional, or more clearly stated, warnings” were preempted … As such, the “Labeling Act does not immunize [it] from obligations it has accepted on its own initiative regarding the disclosure of smoking and health information.” Id.