Case law

Carmody v. New York University

District Court, S.D. New York · Sep 7, 2023

To establish a prima facie case, “[P]laintiff must . . . demonstrat[e] that (1) she was within the protected class; (2) she was qualified for the position; (3) she was subject to an adverse employment action; and (4) the … Kapica, 154 F.3d 30, 33 (2d Cir. 1998) (granting summary judgment on the grounds of qualified immunity to an employer on a First Amendment retaliation claim because the plaintiff, a police officer, “disobeyed [an] order

Avedis v. Herman

25 F. Supp. 2d 256 · District Court, S.D. New York · Nov 18, 1998

Finally, the Secretary maintains that interpretation of § 8123(a), applied in Avedis’ case, is clearly reasonable and thus deprives the Court of jurisdiction. … The Secretary’s regulations mirror the statutory language of § 8123(a), adding the requirement that the third physician be qualified in the appropriate specialty. 20 C.F.R. § 10.408 .

Hodge v. Kaufmann

District Court, S.D. New York · Jun 12, 2023

Kress & Co., 398 U.S. 144, 152 (1970)), the representation of a defendant by counsel in state criminal proceedings does not constitute the degree of state involvement or interference necessary to establish a claim under … Defendant Kaufmann, in representing Plaintiff in criminal proceedings, thus does not qualify as a state actor, even if he was appointed by the state court to represent Plaintiff or is a public defender.

United States v. Nichols

928 F. Supp. 302 · District Court, S.D. New York · May 31, 1996

Clearly, attempts to collect that past due support involve the mail, telephone and telegraph. … It responds to “cases which state officials report to be clearly the most difficult to enforce.” Id.

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.

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

In re Neill

17 F. Cas. 1296 · District Court, S.D. New York · Jan 27, 1871

army of the United States of America, for the period of five years, unless sooner discharged by proper authority, and do also agree to accept from the United States such bounty, pay, rations and clothing as are or may be established … But if. under the statute of New York, it was imperative on the judge to issue the writ, his want of jurisdiction in the case appeared clearly from the return.

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

Harris v. Simon & Schuster, Inc.

646 F. Supp. 2d 622 · District Court, S.D. New York · Aug 18, 2009

Establishment of Vaduz, Liechtenstein v. … As such, Harris qualifies as a “beneficial owner,” and retains standing to sue. See Cortner v.

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).

Lorenzana v. United States

District Court, S.D. New York · Dec 9, 2024

However, the mandate in this case does not clearly exclude AEDPA’s gatekeeping provisions from consideration by this Court. … In that case, the petitioner was convicted of both murder, a qualifying offense, and murder conspiracy, a non-qualifying offense. Id. at 826.

Hamrit v. Citigroup Global Markets, Inc.

District Court, S.D. New York · Nov 26, 2024

See id. at 306:13-307:6 (the Court observing, after hearing Stewart’s testimony, that Stewart “very clearly testified that he has no training concerning ThreatMetrix, [has] not offered any opinion in the past” concerning … The ThreatMetrix report itself likewise established that biometric identification was used to initiate that account-opening session. See Defts.

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.

Respress v. Ferrara

321 F. Supp. 675 · District Court, S.D. New York · Jan 14, 1971

Martin, supra, 296 *679 U.S. at 403 , 56 S.Ct. 278 , and Justice Frankfurters’ characterization of it as “a clear-cut prohibition qualified only by specifically defined exceptions,” Amalgamated Clothing Workers of America … The allegations of delinquency may not be established, in which event the court will dismiss the petition, Family Court Act § 751.

Deem v. Lockheed Corp.

749 F. Supp. 1230 · District Court, S.D. New York · Oct 6, 1989

Merrill Lynch that (a) either Metier in fact was not pursuing a merger or acquisition at that time, or (b) that if such merger/acquisition with Lockheed were to be pursued, I would be kept informed and advised, since I had clearly … See Buckley, 136 N.Y.S.2d at 237 (a corporate officer may lose his immunity when the officer commits fraudulent acts “motivated by a personal desire for monetary gain_”).

McDermott v. NEW YORK METRO LLC

664 F. Supp. 2d 294 · District Court, S.D. New York · Sep 16, 2009

The complaint does not, for example, indicate how ten general news publications containing classified listings could qualify as competitors to a subscription real estate service that provides tailored room rental catalogs … The Court added that “[t]he potential for large numbers of truly baseless claims for emotional injury thus exists,” but it rejected this as a reason to immunize publishers from liability under section 804(c).

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

Simon DeBartolo Group, L.P. v. Richard E. Jacobs Group, Inc.

985 F. Supp. 427 · District Court, S.D. New York · Dec 12, 1997

Time Warner, Inc., 937 F.2d 767, 779 (2d Cir.1991) (state and federal laws clearly treat mergers as distinct from tender offers); West Shore Fuel, Inc. v. … Texaco, Inc., 793 F.2d 1448 , 1454— 55 ("the allegations of the complaint could establish nothing more than a privately negotiated transaction, which does not qualify as a tender offer, and is thus not actionable under Section

Fogarazzo v. Lehman Bros.

232 F.R.D. 176 · District Court, S.D. New York · Jul 27, 2005

See also In re Drexel Burnham Lambert Group, Inc., 960 F.2d 285, 291 (2d Cir.1992) ("[C]lass counsel must be qualified, experienced and generally able to conduct the litigation.”) … Robertson Stephens, 228 F.R.D. 468, 473-74 (noting that “[njothing in the language of Basic limits its holding to issuer statements alone’’); but see Hevesi, 366 F.3d at 77 ("Although the fraud-on-the-market doctrine clearly

Sheerbonnet, Ltd. v. American Express Bank, Ltd.

951 F. Supp. 403 · District Court, S.D. New York · Oct 24, 1995

On their face, the above passages faü to establish a legislative intent to preclude any and all funds transfer actions not based on Article 4-A. … “Silence is the immune system the draftpersons gave to the body of Article 4A.