Case law

Caminero v. Rand

882 F. Supp. 1319 · District Court, S.D. New York · Mar 25, 1995

The City Defendants could, for example, have established a policy of only admitting involuntary patients after making an independent finding of the patients’ dangerousness. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States of other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

United States v. Jaffe

314 F. Supp. 2d 216 · District Court, S.D. New York · Mar 30, 2004

Jaffe’s conduct, at and prior to the sentencing hearing of October 24, 2003 left me entirely unconvinced that he had “clearly” accepted responsibility for his actions. … United States, 279 U.S. 781, 786 , 49 S.Ct. 492 , 73 L.Ed. 954 (1929) (setting interest “at the rate established by the law of the State in which such sums were paid”); Memorial Drive Consultants, Inc. v.

Federal Housing Finance Agency v. HSBC North America Holdings Inc.

987 F. Supp. 2d 369 · District Court, S.D. New York · Dec 10, 2013

As to directors, “the date a form of prospectus is deemed part of and included in the registration statement ... shall not be an effective date established pursuant to paragraph (f)(2) of the section.” … Rule 430B clearly used that citation as a shorthand way of incorporating the term “fundamental change” and its definition in Item 512(a)(l)(ii).

United for Peace and Justice v. City of New York

243 F. Supp. 2d 19 · District Court, S.D. New York · Feb 10, 2003

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. Hague v. Committee for Indus. … Indeed, courts have recognized that there are clearly specific security concerns associated with demonstrations on the City’s streets and sidewalks in the vicinity of sensitive areas such as the United Nations Headquarters

Stapleton v. Pagano

District Court, S.D. New York · Aug 11, 2020

Plaintiff seeks hundreds of thousands of dollars in damages, the “exempt[ion]” of Defendants “from indemnification and qualified immunity,”3 and an order enjoining “all-non- medical staff from accessing[,] interfering[,] … No. 38).) 3 Defendants do not invoke the doctrine of qualified immunity in their Motion. (See generally Defs.’ Mem. in Supp. of Mot. (“Defs.’ Mem.”) (Dkt. No. 36).) II.

Colt v. Duggan

25 F. Supp. 268 · District Court, S.D. New York · Sep 16, 1938

The plaintiffs are the duly qualified executors and trustees of certain trusts contained in said will and have been at all times acting as such. … At page 184, the principle of law applicable is clearly stated: “Under a will which limits the use of a trust fund to the payment of fixed annuities provided for the testator’s daughters, and which may be paid from the corpus

Cohen v. United States of America

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

The Supreme Court has held that whether a Bivens cause of action is available is an “antecedent issue” to whether a plaintiff has alleged a violation of a clearly established constitutional right. See Wood v. … Rather, Cohen’s claim is clearly predicated on the First Amendment.

Reed v. Wiser

414 F. Supp. 863 · District Court, S.D. New York · Apr 19, 1976

extent any other limitations are included, TWA goes on to acknowledge, they are applicable only in tariffs filed in other countries. 23 It is evident, in sum, that the tariff provision defendants invoke gives them no more immunity … Defendants’ arguments from the tickets decedents bought are more clearly unavailing: the ticket clearly cannot create limitations forbidden by the tariff. 24 5.

United States v. Gilbert

478 F. Supp. 306 · District Court, S.D. New York · Sep 20, 1979

The plaintiff brought suit against the United States (under a statute whereby the United States waived its sovereign immunity), and claimed title to property held by the United States, which plaintiff claimed could not be … Bruce did not assume Gilbert’s tax liability — in fact, the 1970 Order clearly states that Gilbert remained obligated to Bruce to the extent of payments made by Bruce to satisfy Gilbert’s tax liability.

Amaker v. Gerbing

District Court, S.D. New York · Oct 17, 2019

Americans with Disabilities Act Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in … Congress unambiguously expressed its intent to abrogate states’ immunity from claims for damages under Title II. See 42 U.S.C. § 12202.

Faulkner v. Verizon Communications, Inc.

156 F. Supp. 2d 384 · District Court, S.D. New York · Aug 3, 2001

clearly knew the information that resulted in the Termination of the Merger.” … Ziemaclc is clearly distinguishable from this case, because there the evidence established that the statement was contrary to facts known to the speaker.

In Re Joint Eastern & Southern Districts Asbestos Litigation

798 F. Supp. 940 · District Court, S.D. New York · Jul 28, 1992

CPLR § 5004 establishes the rate of interest as 9%. CPLR § 5004. … The Jones Act, general maritime law, and 28 U.S.C. § 1331 provide no further waiver of sovereign immunity.

National Abortion Federation v. Ashcroft

330 F. Supp. 2d 436 · District Court, S.D. New York · Aug 26, 2004

According to PHACT: ACOG clearly recognizes that in no circumstances is partial-birth abortion the only option for women. … Johnson identified Von Willebran’s Disease as an auto-immune disorder; Dr. Clark, however, explained that it is a congenital clotting disorder. 29 . Dr.

Christa Mcauliffe Intermediate School Pto v. De Blasio

364 F. Supp. 3d 253 · District Court, S.D. New York · Mar 4, 2019

Under the new plan, to qualify as "disadvantaged," a student would have to attend a school with a 2017-18 Economic Need Index ("ENI") of 60% or higher, and have one of the following characteristics: (1) qualify for free or … But the Second Circuit rejected this reasoning, finding that "[o]n its face," the injunction "clearly prohibits, rather than compels," government action. Id. at 90 .

In Re Laundress Marketing and Product Liability Litigation

District Court, S.D. New York · Jun 11, 2024

respect to the Confidential portion of any Discovery Material other than deposition transcripts and exhibits, the Producing Party or its counsel may designate such portion as “Confidential” by: (a) stamping or otherwise clearly … The Producing Party retains the burden of establishing the privileged or protected nature of any Discovery Material subject to a claim of privilege.

Ho v. Duoyuan Global Water, Inc.

887 F. Supp. 2d 547 · District Court, S.D. New York · Aug 24, 2012

The Muddy Waters report cannot be said to “clearly ha[ve] no bearing on the issue in dispute.” Global View Ltd., 288 F.Supp.2d at 481 (quoting Kounitz, 901 F.Supp. at 658 ). … We are also in the process of, among other things: (1) hiring additional qualified accounting personnel with U.S.

Wultz v. Bank of China Ltd.

942 F. Supp. 2d 452 · District Court, S.D. New York · May 1, 2013

Once again: the October 29 Order stated that BOC was required to produce relevant documents except “confidential regulatory documents created by the Chinese government whose production is clearly prohibited under Chinese … Third, BOC argues that some or all of its internal communications “may also be immune from disclosure under the attorney-client or work product privileges.” 45 1.

In re the Complaint of Moran Towing Corp.

984 F. Supp. 2d 150 · District Court, S.D. New York · Nov 18, 2013

Taibi was qualified to serve as a deckhand on the Tug. (Tr. Trans, at 141-142; 1066-1067.) … Pecuniary Loss Has Been Established As found above, pecuniary loss has been established. 1.

Ravikant

District Court, S.D. New York · Jan 23, 2026

The court must determine the admissibility of expert opinion testimony under Rule 702 of the Federal Rules of Evidence, which provides: A witness who is qualified as an expert by knowledge, skill, experience … Ravikant’s economic experts was warranted under the clearly erroneous or contrary to law standard.

W.M.C.A., Inc. v. Simon

208 F. Supp. 368 · District Court, S.D. New York · Aug 16, 1962

It clearly gives weight to population within the state’s counties which forms a basis for the ingredient of area, accessibility and character of interest. Such an arrangement is not arbitrary. … At the same time the number of senators was fixed at thirty-two so that the entire number (32) are apportioned among the “four great districts” as “nearly as may be, according to the number of electors qualified to vote for