Case law

Carroll v. AMERICAN FEDERATION OF MUSICIANS OF US & CAN.

241 F. Supp. 865 · District Court, S.D. New York · May 17, 1965

The present suit clearly does not qualify, since the rights sought to be enforced are several and not secondary or derivative in nature. … Its function is apparently to help establish this relationship in law.

Wisdom v. Griffin

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

However, the record does not clearly demonstrate plaintiff’s failure to exhaust his First Amendment claim inasmuch as it concerns conduct raised in his March 7, 2016, grievance. … fact concerning such claim, the Court need not address defendant’s arguments respecting defendant’s personal involvement in any constitutional violation, or defendant’s alleged entitlement to qualified immunity.

Bristol-Myers Squibb Co. v. Novartis Pharma AG

District Court, S.D. New York · Jun 23, 2022

Novartis has not even tried to establish that there has been an intervening change of controlling law (there has not been) or argued that the Court clearly erred in applying what is in fact well-settled law relating to … Nor has Novartis offered any new (which is to say, previously unknown and unavailable) and relevant evidence — “relevance” being limited to evidence tending to show that specific aspects of the award do in fact qualify

Taylor v. Enterprise Holding Group, LLC

District Court, S.D. New York · Sep 18, 2020

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 … But the Enterprise employee does not qualify as a debt collector under the FDCPA; instead, he was speaking as a creditor. Although Plaintiff alleges that the Enterprise 1 See also Henson v.

Fuentes v. New York State Department of Corrections and Community Supervision

District Court, S.D. New York · Jun 9, 2025

To that point, it is well-settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v. … In fact, the Supreme Court has recognized only “two classes of cases in which ‘special federal policy concerns’ may justify suspending the ordinary presumption in favor of retroactivity”: qualified immunity

Rea Express, Inc. v. Alabama Great Southern Railroad

427 F. Supp. 1157 · District Court, S.D. New York · Nov 18, 1976

As to REA’s claim of a violation of § 10 of the Clayton Act in the issuance of the 1959 notes, the ICC held that its § 5(1) order of September 21, 1959 exempted the notes from the anti-trust laws pursuant to the express immunity … The lawfulness of unified express operations over all railroad lines by one express company is established by other provisions of the act, and the applicability of the polling provision of section 5 rests finally upon the

Brown

District Court, S.D. New York · Nov 25, 2025

To establish diversity jurisdiction, a plaintiff must first allege that he and the defendant are citizens of different States. See 28 U.S.C. § 1332(a)(1); Wis. Dep’t of Corr. v. … A complaint is “‘factually frivolous’ if the sufficiently well-pleaded facts are ‘clearly baseless’—that is, if they are ‘fanciful,’ ‘fantastic,’ or ‘delusional.’” Gallop v.

Summer-Annie Johnson v. Resorts World Hudson Valley

District Court, S.D. New York · Sep 16, 2025

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 … “An employee can satisfy the protected activity requirement even if ‘h[er] condition was not a disability within the meaning of the ADA’ so long as ‘[s]he can establish that [s]he possessed a good faith, reasonable belief

Tung v. Bristol-Myers Squibb Company

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

Immune “checkpoints” are cellular mechanisms that prevent the body’s immune system from attacking healthy cells. SAC ¶ 38. … immune system from attacking the cancer cells. SAC ¶ 39. By targeting cancer cells that are expressing the PD-L1 protein, Opdivo allows the body’s immune system to attack the cancer cells. SAC ¶ 38.

In re Motors Liquidation Co.

538 B.R. 656 · District Court, S.D. New York · Aug 27, 2015

Gerber, United States Bankruptcy Judge for the Southern District of New York, ruled that certain claims and allegations were barred by the Sale Order, and established a procedure by which parties could file pleadings to determine … But the No Strike Pleadings clearly qualify as core proceedings, which is the “first and most important” factor that a district court must consider “in [its] overall evaluation of a request for permissive *663 withdrawal.

Winn v. McQuillan

390 F. Supp. 2d 385 · District Court, S.D. New York · Sep 30, 2005

under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any ... person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The Second Circuit has held that “[fjreedom from malicious prosecution is a constitutional right that has long been clearly established.” Kinzer v. Jackson, 316 F.3d 139, 143 (2d Cir.2003) *390 (citing Golino v.

Classic Liquor Importers, Ltd. v. Spirits International B.V.

151 F. Supp. 3d 451 · District Court, S.D. New York · Dec 29, 2015

This is clearly a threat of future litigation. “[S]imply holding litigation in abeyance ... does not eliminate the case or controversy.” Nike, Inc. v. Already, LLC, 663 F.3d 89, 96 (2d Cir.2011). … In addition, while SPI argues that the Court should defer to the TTAB proceedings as that body “is particularly qualified to adjudicate the parties’ trademark registration dispute,” Def.’s Reply Br. at 7-8, the TTAB staff

Dipilato v. 7-Eleven, Inc.

662 F. Supp. 2d 333 · District Court, S.D. New York · Aug 25, 2009

two or more persons in any State or Territory conspire ... for the purpose *349 of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities … § 296(6) “aid and abet” employment discrimination claim should be dismissed for failure to establish an underlying claim.

Hussein v. Sheraton New York Hotel

100 F. Supp. 2d 203 · District Court, S.D. New York · Jun 1, 2000

(“the law is settled that pro se litigants cannot qualify as adequate class representatives”)). … Thus, his claim clearly dates back to Decision No. 93-13, decided on February 2, 1993, when he grieved the inclusion of roll call waiters in the share system.

BNP Paribas Mortgage Corp. v. Bank of America, N.A.

778 F. Supp. 2d 375 · District Court, S.D. New York · Mar 23, 2011

(See DB AC f 214; BoA Mem. 1) DB, BNP, and BNPP also served in multiple roles in TBW’s mortgage operations, not just as holders of the Ocala Notes, but also as Swap Counterparties, Note Dealers, Qualified Counterparties and … Plaintiffs’ affiliates also served as the exclusive “Qualified Counterparties” under Ocala’s loan sale agreements, which means they had the sole right to purchase mortgage-backed securities that TBW received in payment for

Factors Etc., Inc. v. Pro Arts, Inc.

496 F. Supp. 1090 · District Court, S.D. New York · Jul 29, 1980

This document is sufficient to establish Pro Arts’ possession of a copyright in the poster. … The defendants, however, have failed to establish how they were prejudiced by this testimony.

United States v. United States Alkali Export Ass'n

86 F. Supp. 59 · District Court, S.D. New York · Aug 12, 1949

Therefore, apart from the question presented here as to the immunity afforded to export associations organized under the Webb Act, the National Lead case, together with the case of United States v. … In any case, administrative interpretation must fall where clearly unsanctioned by law or in conflict with judicial decision. Jewell Ridge Coal Corp. v.

In Re Joint E. & S. Dist. Asbestos Litigation

878 F. Supp. 473 · District Court, S.D. New York · Jan 19, 1995

The Act authorizes issuance of an injunction immunizing an asbestos debtor from future claims where the debtor, as part of a bankruptcy proceeding, establishes a qualifying trust to compensate asbestos claimants. … To qualify for the injunction, the trust established under the reorganization must (1) assume the debtor's wrongful death, personal injury and property damage liabilities for exposure to asbestos products; (2) be funded by

Barabas v. Prudential Lines, Inc.

451 F. Supp. 765 · District Court, S.D. New York · May 30, 1978

The collective bargaining agreement between Delta and ROU establishes a hiring hall and requires that Delta obtain radio officers exclusively through the ROU hall. … Labor policy clearly does not require, however, that a union have freedom to impose direct restraints on competition among those who employ its members. Id. at 622 , 95 S.Ct. at 1835 (citation omitted).

United States v. International Brotherhood of Teamsters

803 F. Supp. 806 · District Court, S.D. New York · Aug 25, 1992

The Consent Decree provides that “[fjollowing the certification of the 1991 election results, there shall be established an Independent Review Board.” Id., § G. … The Nature of the IRB’s Assignment Dictates Who Is Qualified to Serve on the IRB 1.