Case law

United States v. Sundstrom

359 F. Supp. 1252 · District Court, S.D. New York · May 7, 1973

Registrants # 14 and # 15 scored very poorly on the qualifying test probably because of a language difficulty. … The court finds that this registrant was clearly ineligible for induction. Challenges to Registrants #21 and 22 were withdrawn.

The Satanic Temple, Inc. v. Newsweek Magazine LLC

District Court, S.D. New York · Mar 8, 2023

Here, Plaintiff has not sufficiently identified an utterance, much less “something more,” to establish personal jurisdiction over Duin. … But literally true statements are not immune from suit.

Kelber v. Forest Electric Corp.

799 F. Supp. 326 · District Court, S.D. New York · Jul 7, 1992

While the burden of establishing a prima facie case “is not onerous,” Kelber must, at minimum, demonstrate that she was discharged from a position for which she was qualified “under circumstances which give rise to an inference … Green, 411 U.S. 792, 801 , 93 S.Ct. 1817, 1824 , 36 L.Ed.2d 668 (1973) (prima facie case of racial discrimination established by showing that plaintiff was (1) a member of a protected class; (2) qualified for the position

Jian Zhang v. Baidu.Com Inc.

10 F. Supp. 3d 433 · District Court, S.D. New York · Mar 28, 2014

Taken together, those decisions establish several principles relevant to this case. … Even if the speech in this case did qualify as “commercial speech,” it is far from clear that Plaintiffs' claims would be consistent with the First Amendment. See Cent.

Bin-Wahad v. Coughlin

853 F. Supp. 680 · District Court, S.D. New York · Apr 5, 1994

Clearly, defendants’ motion is untimely. … Basically that is the chronology as far as I am able to establish it.

Westchester Radiological Associates, P.C. v. Empire Blue Cross & Blue Shield, Inc.

659 F. Supp. 132 · District Court, S.D. New York · Apr 23, 1987

Radiologists are licensed physicians who have completed special residency programs in radiology 1 and have thereby become qualified in that particular medical specialty. … (the “Regulations” or “Part 86”), that established the system of “prospective” reimbursement that remains in use in New York State.

New York Telephone Co. v. United States

56 F. Supp. 932 · District Court, S.D. New York · Aug 24, 1944

Jurisdiction is not questioned, and is established by Section 402(a) of the Commissions Act of 1934, 48 Stat. 1064 , 1093, 47 U.S.C.A. § 402 (a), and by the Urgent Deficiencies Appropriation Act, 38 Stat. 219 , 28 U.S.C.A … The order 7-C was clearly found to be within the law as a constitutional and statutory exercise of the powers conferred upon the Commission by the Communications Act of 1934.

Anheuser-Busch, Inc. v. Elsmere Music, Inc.

633 F. Supp. 487 · District Court, S.D. New York · Apr 17, 1986

Don Sager testified in his deposition that the use of a “substantive portion” of Karmen’s original music in conjunction with the music of another composer qualified as an “arrangement” entitling Elsmere to residuals under … These phrases, used in almost all Budweiser advertising, became the most clearly “identifiable” portions of Karmen’s original music in the post-1978 commercials.

R-T Leasing Corp. v. Ethyl Corp.

494 F. Supp. 1128 · District Court, S.D. New York · Feb 7, 1980

As in American Manganese, R-T Leasing has clearly rested upon its alleged rights to object to the format of the inventories and cannot now be heard to object to the format of the 1978 inventory. … As the designation of the type of substance to be transported by the tank cars is entirely absent from the lease, “[w]hile it is elementary that parol evidence is not admissible to explain or undertake to qualify a written

Steele v. Combined Life Insurance Company of New York Chubb

District Court, S.D. New York · Jan 22, 2021

Diversity jurisdiction To establish the Court’s diversity jurisdiction, a plaintiff must first show that she and the defendant are citizens of different states. … The Court grants Plaintiff 30 days’ leave to file an amended complaint in which she alleges facts that clearly show that the Court may exercise its diversity jurisdiction to consider her claims.

Republic of the Philippines v. Marcos

653 F. Supp. 494 · District Court, S.D. New York · Jan 13, 1987

Wall Street was at least in part rendered moot when a receiver was appointed at the instance of Citibank by reason of substantial defaults incurred under a mortgage agreement. 1 Discussion Plaintiff bears a heavy burden to establish … Recognizing that some of the above recitations are merely unproved allegations, the undisputed and the clearly demonstrated aspects powerfully justify the appointment of a receiver.

Palmiotti v. Metropolitan Life Insurance

423 F. Supp. 2d 288 · District Court, S.D. New York · Mar 27, 2006

This paragraph clearly provides that Plan fiduciaries such as MetLife, which has fiduciary responsibility for benefit determinations, have discretion in making the determinations within their areas of responsibility. 5 The … Jares what further information would be necessary to establish Palmiotti’s claim. Dr. Jares identified the types of information he found lacking and offered to review such information if obtained.

In re TCW/DW North American Government Income Trust Securities Litigation

941 F. Supp. 326 · District Court, S.D. New York · May 8, 1996

The plaintiff bears the burden of proof in establishing that the prerequisites .for a class action are met. See Bishop v. New York City Dep’t of Hous. Preservation & Dev., 141 F.R.D. 229, 234 (S.D.N.Y.1992). … In this case, defendants’ main argument to support their position that the Court should not certify the proposed class is that plaintiffs have failed to establish, as required by Rule 23(a)(4), that the proposed representatives

Cano v. DPNY, Inc.

287 F.R.D. 251 · District Court, S.D. New York · Nov 8, 2012

This means that “ ‘even when one entity exerts “ultimate control” over a worker, that does not preclude a finding that another entity exerts sufficient control to qualify as a joint employer under the FLSA.’” … that they “do not have authority to and do not establish prices for [the franchises]; they do not establish employment or other business policies for [the franchises]; they do no establish standard menus or food prices for

Von Bulow by Auersperg v. Von Bulow

634 F. Supp. 1284 · District Court, S.D. New York · Jul 1, 1986

The legislature clearly intended the provision to be a remedial measure, making it easier for crime victims to redress the civil wrongs they have suffered. … While this is not even necessary where, as here, the enterprise itself is mercenary in nature, the alleged attempted murders were clearly for monetary gain.

United States v. Birrell

266 F. Supp. 539 · District Court, S.D. New York · Apr 3, 1967

Where, however, the language of the indictment makes it reasonably possible that the prosecution’s evidence may establish, in accordance with the indictment, more than one crime, it would be premature to decide a pre-trial … If the evidence should portray such an amalgam of evidence — making it difficult to discern separate patterns of the defendant’s conduct qualifying as distinct units of prosecution — the Court would necessarily resolve the

Mando v. Beame

398 F. Supp. 569 · District Court, S.D. New York · Jun 24, 1975

The Court noted [p. 333 n. 7 of 499 F.2d]: “A statute that bars all employment has a substantially different effect from one that simply grants an advantage to some otherwise qualified for employment . . . .” … The Act is intended to benefit unemployed persons and clearly, the plaintiffs are intended beneficiaries of the Act.

Palompelli v. Smith

District Court, S.D. New York · Mar 3, 2022

See Chance, 143 F.3d at 703 (“It is well-established that mere disagreement over the proper treatment does not create a constitutional claim.”). … immunity grounds.

Thomas America Corp. v. Fitzgerald

869 F. Supp. 221 · District Court, S.D. New York · Dec 1, 1994

Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553-54 , 91 L.Ed.2d 265 (1986)), the burden shifts to the nonmoving party to establish that a genuine issue of fact exists for trial. Anderson v. … In this light, items (1), (4), (5), and (6) seem clearly to be dominated by utilitarian concerns.

Ryan v. Volpone Stamp Co., Inc.

107 F. Supp. 2d 369 · District Court, S.D. New York · Aug 1, 2000

If a party does not qualify as necessary under Rule 19(a), then the court need not decide whether its absence warrants dismissal under Rule 19(b) ... … The Second Circuit has held that: establishing a high probability of confusion as to sponsorship almost inevitably establishes irreparable harm ...