Case law

Farkas v. New York Newspaper Printing Pressmen's Union No. 2

312 F. Supp. 161 · District Court, S.D. New York · Apr 24, 1970

However, the plaintiffs have clearly stated that the action is not upon the collective bargaining agreement as such, but upon the allegedly wrongful acts of the Union first, in promulgating the freeze order and thereafter … This local shall maintain an auxiliary composed of all apprentices and junior pressmen who do not qualify for journeymen membership in the senior branch.

Rosado v. Sullivan

805 F. Supp. 147 · District Court, S.D. New York · Oct 8, 1992

The repairs were completed and she was advised that she would qualify for senior citizen housing shortly, when she turned 62. … But, as Judge Motley, citing § 423(d)(5)(A), has emphasized, “Clearly, it is not improper for an AU to question the credibility of a claimant’s statements of disabling pain, or to refuse to take them at face value.”

Iran Handicraft & Carpet Export Center v. Marjan International Corp.

655 F. Supp. 1275 · District Court, S.D. New York · Mar 17, 1987

By mid-February, this government had collapsed and a revolutionary regime established. … If so, on what date were they served [sic], and have they been re-established since that date?”

Essex Music, Inc. v. ABKCO Music & Records, Inc.

743 F. Supp. 237 · District Court, S.D. New York · Aug 1, 1990

The composer, like ABKCO, argued that his interest in the copyright immunized him from an infringement suit. … The song at issue in this case was quite clearly one of the songs conveyed by Gideon in the 1966 agreement and at least some of the rights conveyed had also been conveyed in the 1964 agreement.

Rios v. Marshall

100 F.R.D. 395 · District Court, S.D. New York · Dec 12, 1983

Section 1985(3) requires proof of a conspiracy for the purpose of depriving “any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws.” … Because plaintiffs have the burden of establishing the Rule 23 prerequisites to class certification, see Greeley v.

Forde v. PHH Mortgage Corporation

District Court, S.D. New York · Jul 21, 2023

from another fact or group of facts found or otherwise established in the action; the assumption ceases to operate, however, upon the proffer of contrary evidence. … Defendant Everett decision and order for subject property sale was done in complete absent of all jurisdiction which qualifies Everett for an exception from absolute immunity claimed by unauthorised attorney allegedly representing

King v. City of New York

District Court, S.D. New York · Jan 14, 2022

Cowen, 165 F.3d 154, 166-67 (2d Cir. 1999) (holding that government defendants enjoyed qualified immunity from plaintiff's First Amendment claim: “The relevant inquiry is not whether the defendants should have known that … Because the Court dismisses King’s Free Speech claim—as well as each of his other claims—for other reasons, it need not address the extent to which qualified or legislative immunity may impact those claims.

Silivanch v. Celebrity Cruises, Inc.

171 F. Supp. 2d 241 · District Court, S.D. New York · Sep 28, 2001

To immunize a manufacturer from liability, then, any alteration must have been material. In this case, the jury heard conflicting evidence on this issue. … It is well established that: when a preverdict motion for JMOL has been made, the movant may not add new grounds after trial.

In Re Livent, Inc. Noteholders Securities Litigation

174 F. Supp. 2d 144 · District Court, S.D. New York · Nov 27, 2001

By the same token, CIBC’s active role in solicitation and sales of the Notes under the circumstances detailed in the TAC more clearly establishes that CIBC had reason to benefit in some concrete and personal way from the … in marketing registered Notes to the public so as to qualify them as underwriters within the meaning of § 11.

Cronin v. Police Dept. of City of New York

675 F. Supp. 847 · District Court, S.D. New York · Dec 21, 1987

Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Product Safety Commission v. … First, with respect to Monroe , the passage quoted above was clearly dicta. Monroe involved an employee-reservist who worked at a plant that operated 7 days a week, 24 hours a day.

New York State Restaurant Ass'n v. New York City Board of Health

509 F. Supp. 2d 351 · District Court, S.D. New York · Sep 11, 2007

Because its application is limited to restaurants that make public the caloric value of their food, the Regulation only affects an estimated 2,375 food service establishments of more than 23,000 permitted establishments in … This presumption is clearly applicable to the present case, where the City regulation addresses concerns about the health of its citizens.

Daniels v. City of New York

198 F.R.D. 409 · District Court, S.D. New York · Jan 25, 2001

Thus, a proposed class must be clearly defined so that it is “administratively feasible for a court to determine whether a particular individual is a member.” Rios v. … Van Lierop, class counsel is undoubtedly qualified and experienced to conduct this litigation.

Dessert Beauty, Inc. v. Fox

568 F. Supp. 2d 416 · District Court, S.D. New York · Jul 31, 2008

At issue is whether DBI’s use of the words “love potion” infringed Fox’s LOVE POTION trademark, or whether the use was fair use, immune from liability. … The only similarity is the term “love potion,” which alone is insufficient to establish a likelihood of confusion. See Clairol, Inc. v.

National Union Fire Insurance v. Travelers Indemnity Co.

210 F. Supp. 2d 479 · District Court, S.D. New York · Jul 19, 2002

Furthermore, Travelers maintains that even if the damaged electrical components are considered “Objects” to establish coverage under the B & M Endorsement, the damage to them was not caused by an “Accident.” … In addition, the B & M Endorsement provides that: “[i]f an initial Accident’ causes other Accidents,’ all will be considered ‘One Accident,’ clearly contemplating that an ‘Accident’ may have external causes.”

Baldwin v. Emi Feist Catalog, Inc.

989 F. Supp. 2d 344 · District Court, S.D. New York · Dec 16, 2013

Admissibility of Expert Testimony The proponent of expert evidence bears the initial burden of establishing admissibility by a “preponderance of proof.” 33 Rule 702 of the Federal Rules of *349 Evidence states the following … requirements for the admission of expert testimony: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as

Sloane Overseas Fund, Ltd. v. Sapiens International Corp.

941 F. Supp. 1369 · District Court, S.D. New York · Sep 23, 1996

The offering was made pursuant to an Offering Circular which stated that the Notes could be sold either (1) outside the United States pursuant to an exemption from registration under Regulation S or - (2) to qualified institutional … The Court stated that unless “the affirmative intention of the Congress [is] clearly expressed, we must presume [a statute] is primarily concerned with domestic conditions.”

Amato v. Western Union International, Inc.

596 F. Supp. 963 · District Court, S.D. New York · Oct 31, 1984

As the Third Circuit has recently held, “[w]here Congress has established an extensive regulatory network and has expressly announced its intention to occupy the field, federal courts will not lightly create additional rights … A.5 No WUI Employee who has not qualified for a Class A Pension or a Class 75 Pension as of December 31 shall thereafter be eligible for such a pension. 3 .

Kaya v. United States Small Business Administration

District Court, S.D. New York · Apr 8, 2025

Cir. 1994) (cleaned up)); see also infra § III.B (discussing the APA’s limited waiver of sovereign immunity). … The “word ‘may’” in these statutes “clearly connotes discretion. Hyndman, 2024 WL 233463, at *4 (quoting Biden v. Texas, 597 U.S. 785, 802 (2022)).

Seltzer v. Dresdner Kleinwort Wasserstein, Inc.

356 F. Supp. 2d 288 · District Court, S.D. New York · Jan 27, 2005

She earned as much as $120,000 a year in salary and bonus, and clearly she was exempt from the wage and hour laws. … To meet this burden, the plaintiff may rely on evidence presented to establish her *295 prima facie case as well as additional evidence.

United States v. Umeh

762 F. Supp. 2d 658 · District Court, S.D. New York · Jan 3, 2011

Pugh, 420 U.S. 103, 119 , 95 S.Ct. 854 , 43 L.Ed.2d 54 (1975) (“Nor do we retreat from the established rule that illegal arrest or detention does not void a subsequent conviction.”). … This claim merits no discussion, however, as the Indictment clearly charges Yaroshenko with the transportation of drugs. See Indict. ¶ 11.