Case law

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.”

Convolve, Inc. v. Compaq Computer Corp.

223 F.R.D. 162 · District Court, S.D. New York · Aug 17, 2004

Convolve has established only that Mr. Birtzer “communicated by e-mail and telephone” with Dr. Cooper “from time to time.” (Birtzer Dep. at 68). … Indeed, Convolve has made no effort to establish the circumstances under which any e-mails were deleted.

Doe v. Helen Hayes Hospital

District Court, S.D. New York · Feb 13, 2023

Here, Defendants’ Answer raises 14 affirmative defenses at ¶¶ 207-21(Ans., ECF 70), including “qualified immunity/good faith” defenses, id. at 218-19. … Defendants oppose the application in all other respects, including to the extent that Plaintiff seeks to strike Defendants’ 56.1 sstatement and to upend the summary judgment procedure established by this Court.

A.V.E.L.A., INC. v. Estate of Marilyn Monroe, LLC

131 F. Supp. 3d 196 · District Court, S.D. New York · Sep 18, 2015

As an initial matter, the First Amended Counterclaim clearly delineates Count I as a claim, arising under 15 U.S.C. § 1125 (a), rather than New York’s right of publicity. (FAC ¶¶ 52-60). … International further asserts that the dilution claim fails because the MONROE Marks are not sufficiently famous to qualify for protection. ■ (VI Br. 14).

DCA Food Industries Inc. v. Hawthorn Mellody, Inc.

470 F. Supp. 574 · District Court, S.D. New York · May 3, 1979

Defendants contend that dilution is a concept which extends only to strong and distinctive marks, suggest that plaintiff’s YOZERT name cannot qualify as such, and urge that the dilution count be dismissed. … This court is clearly a “court of competent jurisdiction” within the state of New York. Reagan v. Farmers’ Loan & Trust Co., 154 U.S. 362, 392 , 14 S.Ct. 1047 , 38 L.Ed. 1014 (1894).

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.

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.

In Re Bank of America Corp. Securities, Derivative, & Employee Retirement Income Security Act (ERISA) Litigation

757 F. Supp. 2d 260 · District Court, S.D. New York · Aug 27, 2010

But the absence of an express disclosure obligation does not immunize statements that were, in fact, alleged to have been materially false and misleading. … Lewis said that BofA “had clearly explained to the federal regulators the terms and conditions” required to complete the transaction, and received “strong assurances from all relevant federal regulators and policy *316 makers

Gonzalez v. Gray

69 F. Supp. 2d 561 · District Court, S.D. New York · Oct 21, 1999

Nevertheless, it is clearly distinguishable and falls well within the parameters of the cases cited above in which § 74 was determined to apply. … To qualify for the protections of § 74, the report must also be fair and true.

Avila v. ACACIA Network, Inc.

District Court, S.D. New York · Aug 6, 2025

Compl. § 1. 134 U.S. 1, 15 (1890) (federal suits against state governments and their officials are barred under the doctrine of sovereign immunity)). … See Layne, 2018 WL 5255171, at *1 (“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal, such that no party be allowed

Stratagem Development Corp. v. Heron International N.V.

153 F.R.D. 535 · District Court, S.D. New York · Feb 28, 1994

In light of this standard, the Court will not overturn the January 6th Opinion unless it is clearly erroneous or contrary to law. 1. … The memorandum clearly reflects legal advice rendered in connection with the termination of the Phase II Joint Venture Agreement.

Beeler v. United States

894 F. Supp. 761 · District Court, S.D. New York · Aug 18, 1995

In 1977, Beeler and Ross incorporated Equidyne Corporation (“Equidyne”) for the purposes of engaging in syndicated offerings to qualified investors. … These facts clearly demonstrated the element of willfulness. 22.

Fate v. Julienno

District Court, S.D. New York · Jul 6, 2020

Reference to King does not help Plaintiff demonstrate an official policy maintained by CCS sufficient to establish Monell liability. … Supp. 1019, 1037 (S.D.N.Y. 1995) (holding that hearing-impaired inmates are considered “qualified individuals” under the ADA).

Pineiro v. Pension Benefit Guaranty Corp.

318 F. Supp. 2d 67 · District Court, S.D. New York · Aug 26, 2003

Second, the legislative history establishes that PBGC is to manage pooled assets as trustee. … These are records that clearly concern the Plan, and would be subject to § 704’s disclosure requirement.

Bondi

District Court, S.D. New York · Jan 8, 2026

Moreover, “[t]he burden is on the ‘next friend’ clearly to establish the propriety of his status and thereby justify the jurisdiction of the court.” … January 8, 2026 MARY cH VYS vi j New York, NY United Statés Distrigt Judge ' Because Petitioner clearly fails to establish standing to bring this habeas petition

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.

International Paper Co. v. Suwyn

978 F. Supp. 506 · District Court, S.D. New York · Sep 24, 1997

Defendants contend that the ECA program qualifies as a “pension plan” under either definition. … Even assuming, arguendo, that one did, its terms as described by the defendants do not establish Suwyn’s entitlement to an MIP award for 1995.

Lovati v. Bolivarian Republic of Venezuela

District Court, S.D. New York · Nov 11, 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.

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.