Case law

Ferguson v. Lion Holdings, Inc.

312 F. Supp. 2d 484 · District Court, S.D. New York · Mar 30, 2004

This concession is not included, or even referenced, anywhere in the Purchase Agreement or Employment Agreements, and clearly was made after the execution of those agreements. … Plaintiffs argue therefore that even if defendants have established the elements of fraudulent concealment, this should not prevent the Court from granting plaintiffs’ summary judgment motion. 1.

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.

Mallack v. Local 805, International Brotherhood of Teamsters

690 F. Supp. 276 · District Court, S.D. New York · Jul 29, 1988

who had been reassigned by Panasonic, but at a lower rate of pay; the second by twenty other employees, who wished to protest the hiring of new workers into positions in other departments that the laid-off employees were qualified … MOTION Defendants have moved for the imposition of sanctions on plaintiffs pursuant to Rule 11 of the Federal Rules of Civil Procedure. 2 The standard for the imposi *281 tion of sanctions under Rule 11 in this Circuit was clearly

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.

Public Employees' Retirement System v. Merrill Lynch & Co.

714 F. Supp. 2d 475 · District Court, S.D. New York · Jun 1, 2010

However, “[ijnquiry notice may be found as a matter of law only when uncontroverted evidence clearly demonstrates when the plaintiff should have discovered the fraudulent conduct.” Staehr, 547 F.3d at 427 . … of resale — and thus do not qualify as statutory underwriters for the reasons already elaborated in the case of the ratings agencies.

Madanes v. Madanes

199 F.R.D. 135 · District Court, S.D. New York · Mar 8, 2001

The relative interests of the parties and the deponents, however, clearly favor proceeding with conventional depositions. … This does not mean, however, that the immunity from discovery is automatically stripped from all of the work product documents. To the extent the documents relate to Dr.

United States v. Sun Myung Moon

532 F. Supp. 1360 · District Court, S.D. New York · Mar 1, 1982

To explain the absence of an accompanying W-2 form, he also attached the following note: Because the Unification Church was incorporated in New York only in March of 1974 the books were not clearly established and matters … Kamiyama initially appeared before the grand jury on March 31, 1981 and invoked his Fifth Amendment privilege after learning that he would not be given immunity.

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

Seed Holdings, Inc. v. Jiffy International AS

5 F. Supp. 3d 565 · District Court, S.D. New York · Mar 21, 2014

The Sellers’ objection falls short of the showing necessary to establish a basis for vacatur under § 10(a)(3). … Accordingly, Section 2.8 qualifies as a "written agreement” for purposes of the Convention and Chapter 2 of the FAA.

Rivkin v. Coleman

978 F. Supp. 539 · District Court, S.D. New York · Oct 21, 1997

It may be difficult to establish a dual relationship of employee and partner where, as here, the employee cannot clearly delineate which time and responsibilities were allocated to the salaried position, and which to the … Step one is to establish the plaintiff's prima facie case is established by showing: (1) she is a member of a protected class; (2) she was qualified for the position; (3) she was subjected to an adverse employment decision

Tinaway v. Merrill Lynch and Co., Inc.

692 F. Supp. 220 · District Court, S.D. New York · Jul 28, 1988

“The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.” Id. … The award should not be vacated unless the arbitrators ignored “well defined, explicit, and clearly applicable” rules of law. Id. at 934 .

24 Hour Fitness USA, Inc. v. 24/7 Tribeca Fitness, LLC

447 F. Supp. 2d 266 · District Court, S.D. New York · Aug 7, 2006

The company’s broader message could qualify the mark as, at best, suggestive. … The infringement in that case was clearly deliberate.

Gilmore v. Local 295, International Brotherhood of Teamsters

798 F. Supp. 1030 · District Court, S.D. New York · Aug 6, 1992

He claims that, even though he was qualified for the position, he was again denied. … However, this theory has no foundation in well-established law. For example, in a factually similar case, it was held that this type of concerted action by the union and the employer was not encompassed by LMRDA.

Welch Foods Inc. v. Goldman, Sachs & Co.

398 F. Supp. 1393 · District Court, S.D. New York · Sep 30, 1974

However, exemption from registration under this section of the 1933 Act does not immunize a seller from operation of the antifraud provisions of the 1934 Act. In Baron v. … [T]here seems little practical point in denying the existence of an action under § 17 once it is established that an aggrieved buyer has a private action under § 10(b) of the 1934 Act.”

Banco De La Provincia De Buenos Aires v. Baybank Boston N.A.

985 F. Supp. 364 · District Court, S.D. New York · Oct 31, 1997

The Intervention of Banco Feigin by the Central Bank of Argentina, and the resulting liquidation and sale of Banco Feigin’s assets, qualifies as a proceeding similar to one for debtor relief or insolvency under § 151. … The instant ease, however, does not fit neatly into any of the rules established by Sheerbonnet.

In Re National Ass'n of Broadcast Employees & Technicians

707 F. Supp. 124 · District Court, S.D. New York · Sep 15, 1988

[I]t clearly means more than error or misunderstanding with respect to the law. … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

Edmonds v. McGinnis

11 F. Supp. 2d 427 · District Court, S.D. New York · Jul 2, 1998

This right, however, is subject to certain well-established exceptions. … The comment clearly was intended to argue Gethers’s credibility, that given her emotional fragility, she would not have testified had she not believed what she was saying.

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_”).

Lone Star Air Partners, LLC v. Delta Air Lines, Inc.

387 B.R. 426 · District Court, S.D. New York · May 8, 2008

In a typical aircraft leveraged lease, the aircraft is owned by a trust (the “owner trust”) established for the benefit of a profitable corporation. 6 The corporation contributes a small portion of the capital required to … Regardless of the source of the Indenture Trustee’s authority to enter into the Bingham Term Sheet, that action qualifies as an exercise of a remedy under Section 15(f) of the Leases.