Case law

Engel v. CBS INC.

961 F. Supp. 660 · District Court, S.D. New York · Apr 24, 1997

Discussion Defendants move for summary judgment on the sole ground that plaintiff cannot establish the essential element of special injury. … But the disciplinary proceedings in Groat were quasi-criminal in nature, whereas the underlying action in this case was clearly civil.

Ozanic v. United States

68 F. Supp. 296 · District Court, S.D. New York · Jul 3, 1946

The supplementary questions of relevancy and weight are not as clearly defined as the general rule. In Standard Oil Co. of New Jersey v. … A-l), and so was barred from a recovery under well established principles of law. The Commissioner’s finding will not be disturbed by the court.

In re Interest Rate Swaps Antitrust Litigation

261 F. Supp. 3d 430 · District Court, S.D. New York · Jul 28, 2017

See Citigroup, 709 F.3d at 136 ; see also Burtch, 662 F.3d at 226 (to qualify as direct, evidence must be so explicit as to “require[] no inferences to establish the proposition or conclusion being asserted;” plaintiffs allegations … One “plus factor” is clearly present.

Capers v. Long Island Railroad

429 F. Supp. 1359 · District Court, S.D. New York · Apr 13, 1977

The LIRR had a clearly legitimate interest in requesting the report to find the cause for the delays. … However, plaintiff failed to establish evidence of disparate treatment in his case sufficient to meet his burden of establishing such a pretext.

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.

DiResta v. Biz2Credit Inc.

District Court, S.D. New York · Dec 20, 2021

“Under McDonnell Douglas, the plaintiff bears the initial burden of establishing a prima facie case of age discrimination by showing ‘(1) that [he] was within the protected age group, (2) that [he] was qualified for the … Plaintiff contends that Defendants’ argument that the McDonnell Douglas prima facie factors may be used as a guide or outline for pleading is “so clearly contrary to established law” that it “is frivolous.” Dkt.

Lovati v. Bolivarian Republic of Venezuela

District Court, S.D. New York · Nov 12, 2020

Personal Jurisdiction under the Foreign Sovereign Immunities Act The Republic contends that this Court lacks personal jurisdiction due to improper service under the Foreign Sovereign Immunities Act (“FSIA”). 28 U.S.C … Thus, personal jurisdiction under the FSIA is established by way of “subject matter jurisdiction plus service of process equals personal jurisdiction.” Seetransport Wiking Trader v.

Aaron v. Keyser

District Court, S.D. New York · Jul 20, 2022

A substantive due process claim premised upon arbitrary exercise of governmental power requires Plaintiff to present evidence establishing that defendants’ conduct was so egregious that it “shocks the conscience” and violated … Finally, Represented Defendants are entitled to qualified immunity because the allegations are insufficient to allege that they violated any federal rights.

Pfau v. Coopers & Lybrand

776 F. Supp. 744 · District Court, S.D. New York · Jul 13, 1990

In order to state a prima facie case in a Title VII case, plaintiff must allege that “(1) she belongs to a racial minority or other protected class; (2) she applied and was qualified for a position for which the employer … For the above reasons, Magistrate Roberts’s order was well grounded in fact and law; it is not “clearly erroneous or contrary to law.”

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.

Carvalho Calvelos v. City of New York

District Court, S.D. New York · Jun 22, 2020

I am undeterred by Defendants’ one-sentence argument – raised in a footnote – that qualified immunity protects the individual defendants, and advise them to consult my local rules on the making of qualified immunity motions … Accordingly, even though Warden Glenn was the top officer at West Facility (see id. at ¶ 43), the Complaint clearly establishes that he was not a municipal “policymaker” on reporting contraband or UOFs.

N.C. ex rel. M.C. v. Bedford Central School District

473 F. Supp. 2d 532 · District Court, S.D. New York · Feb 7, 2007

M.C.’s academic problems were never so severe as to qualify as an “inability to learn.” … On certain days, M.C. clearly presented symptoms of more serious psychological issues — this explains the diagnoses of Schwartz and Moss, who had limited contact with M.C.

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.

Simply Clean Air & Water Inc. v. The Rogosin Institute, Inc.

District Court, S.D. New York · Apr 27, 2023

The Disclosing Party retains the burden of establishing the privileged or protected nature of any inadvertently disclosed information. … protection, or other immunity from disclosure as to any material not produced, regardless of the subject matter. 13.

Thornton v. Young

District Court, S.D. New York · Oct 24, 2022

Id.3 2 Young had previously licensed certain drug patents to Immune, which her deceased common law spouse, Dr. Bernard Bihar, had developed. … See Camillli, 436 F.3d at 124 (explaining that the Supreme Court clearly established the “right to dismiss . . . is absolute. It does not depend on the reasons which the plaintiff offers for his action.

Dodd v. City University of New York

District Court, S.D. New York · Jun 1, 2021

Supp. 3d 238, 254 (E.D.N.Y. 2014) (“In light of the well-established principle that back pay, like all money damages, is considered to be a legal remedy under the NYSHRL, the Court treats back pay as a legal remedy under … That such liability may not extend to CUNY itself, given the procedural bar imposed by immunity, does not insulate the non-immune individual defendants from liability under these laws.

Rooney v. Witco Corp.

722 F. Supp. 1040 · District Court, S.D. New York · Sep 29, 1989

In the usual case, the alleged retaliatory action has clearly affected the terms, privileges, duration, or conditions of the plaintiff’s employment. See, e.g., Dominic v. … Even if the initial suspension could qualify as an adverse employment action, plaintiff's evidence of retaliatory intent is insufficient to establish a prima facie case of retaliation.

In re Digital Music Antitrust Litigation

321 F.R.D. 64 · District Court, S.D. New York · Jul 18, 2017

Nov. 24, 2010)(“The Supreme Court has clearly expressed that an in pari delicto defense — i.e., a defense that rests on a claimant’s own fault or unclean hands— may be asserted in an antitrust case only where, as a direct … In reply, Plaintiffs argue in cursory fashion that the variations in state law are only minor and that “differences in state law treatment of indirect purchaser claims here likely fall into a handful of clearly discernible

John Wiley & Sons, Inc. v. DRK Photo

998 F. Supp. 2d 262 · District Court, S.D. New York · Feb 21, 2014

“A valid license of either sort immunizes the licensee from a charge of copyright infringement, provided that the licensee uses the copyright as agreed with the licensor.” Id. at 100 ; see also Graham v. … In stark contrast, DRK never “possessed legal title in the first place,” and therefore, does not qualify as a beneficial owner entitled to sue. Poindexter v.

Westchester Putnam Counties Heavy & Highway Laborers Local 60 Benefit Funds, individually and on behalf of all others similarly situated v. Kyndryl Holdings, Inc., et al.

District Court, S.D. New York · May 12, 2026

“The proof needed to rebut the presumption need not establish a plaintiff’s inadequacy with absolute certainty; instead it is enough that it presents a colorable risk of inadequacy.” Batter v. … Moreover, though WVIMB is correct that the relevant case law largely cautions against appointing net gainers who are also net sellers, this does not immunize from unique defenses net gainers who are not net sellers.