Case law

Students for Fair Admissions v. United States Military Academy at West Point

District Court, S.D. New York · Jan 3, 2024

Once the Admissions Office assigns a WCS, it then determines whether a candidate is “qualified” or “not qualified.” (Id. (citing McDonald Decl. ¶ 59)). … First, West Point may appoint up to 150 “qualified alternates”—qualified candidates who received a statutory nomination but did not win the vacancy. 10 U.S.C. § 7442(b)(5).

Advanced Analytics, Inc. v. Citigroup Inc., et al.

District Court, S.D. New York · Dec 15, 2025

Sept. 19, 1996) (“Both the underlying source code, and the architecture of a computer program, may qualify as trade secrets.”); O-Co. Indus., Inc. v. … Hoffman, 625 F.Supp. 608, 617 (S.D.N-Y. 1985) (“Computer software, or programs, are clearly protect[a]|ble under the rubric of trade secrets.’’).

Aspex Eyewear, Inc. v. Altair Eyewear, Inc.

485 F. Supp. 2d 310 · District Court, S.D. New York · Apr 2, 2007

To show infringement, the plaintiff must establish that the accused device includes every limitation of the claim or an equivalent of each limitation. … (noting that “ ‘defining a frontal plane’ also clearly describes a function of the ‘retaining mechanisms’ ”).

Hanson

District Court, S.D. New York · Apr 21, 2026

Corsearch has not clearly and convincingly shown that transfer is justified. … In other words, Corsearch has failed to show that transfer is clearly and convincingly justified. So the motion to transfer venue is DENIED.

In Re Royal Bank of Scotland Group PLC Securities Litigation

765 F. Supp. 2d 327 · District Court, S.D. New York · Jan 11, 2011

“[I]t is the foreign location of the transaction that establishes (or reflects the presumption of) the [Exchange] Act’s inapplicability. ... … As Plaintiffs would have it — these purchases and sales are sufficient *337 to establish “domestic transactions ... in securities.” Id. at 2884 .

Gray Line National Tours Corporation v. United States

380 F. Supp. 263 · District Court, S.D. New York · Jul 31, 1974

In light of this history we cannot quarrel with the Commission’s analysis in Carla, supra, 94 M.C.C. at 580-81: The legislative history of section 211 of the act clearly reveals that the primary purpose of Congress in regulating … Tlie first sentence of § 211(b) provides: A brokerage license shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant

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.

Iglesias-Mendoza v. La Belle Farm, Inc.

239 F.R.D. 363 · District Court, S.D. New York · Jan 29, 2007

In the present case, common questions of liability clearly predominate over individual inquiries. … (“WRLC”) is qualified and able to litigate the class members’ claims. By every indication, the WRLC has diligently identified and pursued the claims in this action to date.

Vialez v. New York City Housing Authority

783 F. Supp. 109 · District Court, S.D. New York · Jun 18, 1991

In any event, we need not hold that minimum due process does not include such a right to notice but only recognize, as we must [to determine the issue of qualified immunity] that such a right has not been clearly established … The court then held that the Secretary’s actions clearly bore a rational relationship to a legitimate governmental purpose: We need only glance at the role of English in our national affairs to conclude that the Secretary

Aronow v. Republic of Sudan

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).

Catskill Development, L.L.C. v. Park Place Entertainment Corp.

286 F. Supp. 2d 309 · District Court, S.D. New York · Oct 7, 2003

Accidents — at least avoidable ones — should not be immune from the reach of the rule. … However, any mistake was clearly avoidable, since the parties could easily have reduced their agreement to a writing that, by properly defining the terms used, eliminated the possibility of misapprehension by either side.

United States v. Strawberry

892 F. Supp. 519 · District Court, S.D. New York · Jul 10, 1995

Rather, once the Government establishes that a tax evasion motive played any role in Strawberry’s conduct, willfulness may be inferred from his actions. … This Court finds no reason to distinguish the receipt of cash with the intent to evade tax from what these other courts have found to be Spies-qualifying conduct.

Piece Management, Inc. v. Atlantic Casualty Insurance Company

District Court, S.D. New York · Oct 17, 2025

And un- der New York’s choice-of-law rules, an agreement between the parties to apply New York law — even an implied agreement — is sufficient to establish that New York law governs. … Supp. 2d 104, 123 (S.D.N.Y. 2006) (“The Gulf Policy clearly disclaimed coverage of defense costs” by providing “that Gulf ... would have the right, but not the duty, to become involved

Doe v. Harris

495 F. Supp. 1161 · District Court, S.D. New York · Jun 30, 1980

Since confinement in an institution may occur because of legal or social requirements, confinement per se does not establish that impairment is severe. … The court may then appoint up to two qualified psychiatrists, as defined in subdivision five of section 730.10 of this chapter, to examine such person, to report within sixty days, or such longer period as the court determines

Parry-Birnstill v. Ashraf Medical Group, PLLC

District Court, S.D. New York · Jun 3, 2025

Plaintiff’s payroll records clearly show that she was paid a predetermined salary on a biweekly basis for a total of 72 hours (36 hours per week). … Her rate of $72 per hour safely places her above the threshold 29 CFR § 541.600 establishes.

Original Cosmetics Products, Inc. v. Strachan

459 F. Supp. 496 · District Court, S.D. New York · Aug 10, 1978

Both sides offered highly qualified expert testimony on the issue of whether the ingredients in the subject products have aphrodisiac properties. One of plaintiffs’ arguments is that since both sides agreed (Tr. … [A]n agency’s refusal to reopen the record cannot be deemed arbitrary and capricious unless the new evidence offered, if true, would clearly mandate a change in result, . Greene County Planning Board v.

Lish v. Harper's Magazine Foundation

807 F. Supp. 1090 · District Court, S.D. New York · Jan 7, 1993

It clearly enjoys protection under § 106 of the Act unless its publication falls within the exception for fair use under § 107. … Lish has failed therefore to establish “some meaningful likelihood of future harm,” Sony Corp. of America v.

Graham v. Decker

District Court, S.D. New York · Apr 13, 2020

Supp. 2d 418, 419 (S.D.N.Y. 2008) (“It is well established that in this Circuit the standard for an entry of a TRO is the same as for a preliminary injunction.”) (Marrero, J.). … Decker, 20 Civ. 2500 (LGS) (Apr. 3, 2020 Tr. at 11, 19) (describing blood tests that “clearly show liver disease” arising from hepatitis C and “a consensus in the medical community” the persons with hepatitis C are compromised

Presbyterian Church of Sudan v. Talisman Energy

453 F. Supp. 2d 633 · District Court, S.D. New York · Sep 12, 2006

The Rubkona airstrip is clearly closer to the site of each attack in Block 5A than either the Heglig or Unity airstrip. … On March 18, 2003, Judge Schwartz ruled that the Government of Sudan must make an appearance if it wished to assert its immunity under the Foreign Sovereign Immunity Act (FSIA), 28 U.S.C. § 1602 et seq.

Nike, Inc. v. Stockx LLC

District Court, S.D. New York · Apr 26, 2023

StockX has not carried its burden of establishing, with specificity, that the work product doctrine attached to its authenticators’ conclusions regarding the shoes sold to Mr. Kim. … Antitrust Litig., 200 F.R.D. 213, 221 (S.D.N.Y. 2001) (“Documents prepared in the ordinary course of business, or that would have been created whether or not litigation was anticipated, are not protected by work-product immunity