Case law

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).

Canario

District Court, S.D. New York · Sep 2, 2025

immunity. … Third, Plaintiff fails to clearly spell out how these statements in fact denied his due process rights, see Powers v.

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.

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.”

Knight v. New York State Department of Corrections

District Court, S.D. New York · Jul 10, 2020

abrogated the states’ Eleventh Amendment immunity . . . .” … It is well-established that “New York has not waived its Eleventh Amendment immunity to suit in federal court, and [that] Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983.” Megginson v.

Sumlin v. New York Beer Co., LLC

District Court, S.D. New York · Jun 18, 2025

Here, the Website, jacobspickles.com, is clearly tied to a place of public accommodation—a restaurant. … Here, Plaintiff has failed to establish any damages besides the “bare fact” of discrimination. Id.

Rock Against Racism v. Ward

658 F. Supp. 1346 · District Court, S.D. New York · Apr 16, 1987

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights and liberties of citizens. … The City presented evidence clearly establishing that some limitation on the crowd size of Bandshell events is necessary *1359 to further the City’s interests in accommodating as many Central Park users as possible.

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.

Ashton v. Al Qaeda Islamic

District Court, S.D. New York · Aug 10, 2023

This definition clearly includes the Plaintiffs’ allegations of Sudanese support for al Qaeda, such as the Sudanese government providing banking and financial services for bin Laden’s companies, facilitating terrorist training … “It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.” □□□□□□ Controls Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1977).

Stone v. United States

405 F. Supp. 642 · District Court, S.D. New York · Dec 2, 1975

To establish that they come within the rigid exceptions of Williams Packing, the plaintiffs in substance contend that the jeopardy assessment was made arbitrarily and capriciously by the Internal Revenue Service for punitive … While this court is not called upon to pass upon the merits of the claim for additional taxes due or plaintiffs’ resistance thereto, clearly it cannot be contended that the deficiency assessments are without substance or

United States v. Yannotti

457 F. Supp. 2d 385 · District Court, S.D. New York · Jul 24, 2006

must establish that the defendant agreed to participate in the enterprise’s affairs through the particular pattern of racketeering activity charged in the [Ijndictment. … LEGAL STANDARD “The standard to be applied in deciding reconsideration motions in criminal cases has not been clearly established.

Williams v. J.P. Morgan & Co., Inc.

296 F. Supp. 2d 453 · District Court, S.D. New York · Dec 19, 2003

Thus, under Morgan’s reasoning, as long as the trust suffered no diminution of principal, merely breaking even would always immunize the trustee from claims for breach of fiduciary duty. … The Stipulation clearly, and properly, distinguished between claims and relief. “Lost income” is not a claim, it is one type of relief that may be awarded under a claim for breach of fiduciary duty.

Doe v. State University of New York Purchase College

District Court, S.D. New York · Jul 27, 2022

These allegations clearly set forth two separate sets of acts: (1) the set of acts pertaining to the adjudication of Roe’s allegations, in the Spring of 2017, and (2) the set of acts pertaining to Plaintiff’s return to … Thus, “as a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity when acting

Freudenberg v. E Trade Financial Corp.

712 F. Supp. 2d 171 · District Court, S.D. New York · May 11, 2010

Many of E*TRADE’s loans are alleged not to qualify even as “prime” — much less as “super-prime.” ¶¶ 2,13,17-18, 69-86,102-18, 170-73, 240, 372. … Plaintiffs here have clearly pleaded that the “share price fell significantly after the truth became known.” Dura, 544 U.S. at 347 , 125 S.Ct. 1627 .

National Group for Communications & Computers Ltd. v. Lucent Technologies Inc.

420 F. Supp. 2d 253 · District Court, S.D. New York · Feb 28, 2006

Plaintiffs allegations therefore also fail to establish the third element. … Plaintiff’s own allegations clearly show that the doctrine should not toll the limitations period for plaintiff’s extortion claims.

WTC Families for a Proper Burial, Inc. v. City of New York

567 F. Supp. 2d 529 · District Court, S.D. New York · Jul 7, 2008

The Federal Constitutional claims clearly are before me. 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws or treatises of the United States. … Plaintiffs argue that the City’s policies and practices with respect to the fines qualify as State action that deprives them of their rights to the free exercise of their religious beliefs in burying their family members

Sands v. Abelli

290 F. Supp. 677 · District Court, S.D. New York · Aug 28, 1968

The plaintiff sought to establish that an additional $10.00 per week “expense money” was, in fact, an additional salary payment. Further, it was claimed that had Mr. … Salzhandler from the Painting Industry Pension Fund and the Social Security Administration. 9 Clearly, the plaintiff would not have qualified for these payments if he had continued his employment.

Alaska Electrical Pension Fund v. Bank of America Corp.

175 F. Supp. 3d 44 · District Court, S.D. New York · Mar 28, 2016

Efficient Enforcers As noted above, “antitrust injury is necessary, but not always sufficient, to establish standing.” Daniel v. Am. … Hyundai Motor Am., 51 F.Supp.3d 451, 471 (S.D.N.Y. 2014); see also LIBOR III, 27 F.Supp.3d at 483 (“[Tjhe predicate for dismissing quasi-contract claims is that the contract at issue clearly covers the dispute between the