Case law

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.

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

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.

Merrill v. United Air Lines, Inc.

25 F.R.D. 68 · District Court, S.D. New York · Feb 5, 1960

These were skilfully and clearly presented by plaintiff’s counsel to the jury. … That is a circumstance which would be meaningful to pilots but which an inexperienced layman, such as Welch,.. would not be qualified to evaluate.

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

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.

Koulkina v. City of New York

559 F. Supp. 2d 300 · District Court, S.D. New York · Feb 19, 2008

“In order for liability to attach under § 1983, the attorney must conspire with state actors, even if the state actors are themselves immune from § 1983 liability.” Washington v. … If that is the basis for plaintiff's conspiracy claim, plaintiffs are clearly misguided.

Edwards v. Fischer

414 F. Supp. 2d 342 · District Court, S.D. New York · Feb 7, 2006

Such a holding is also reasonable in light of “clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1) (AEDPA). … established federal law.

Arzu v. City of New York

District Court, S.D. New York · Feb 7, 2025

immunity, since the unusual fact pattern would not have led a reasonable corrections officer to believe his actions violated a clearly established right. … at *4, 15 (Aug. 8, 2022), Magistrate Judge Parker concluded that plaintiff's allegations of being held in a cell with fecal matter on the wall and in the sink for 24 hours, was a “single, short exposure” that did not qualify

Cepeda v. United States

District Court, S.D. New York · Jul 21, 2020

resident who is supervised by a doctor during a medical procedure and who does not exercise any independent medical judgment can nevertheless be liable if the resident “knows that the supervising doctor’s orders are so clearly … This is particularly true where the party seeking discovery is attempting to disprove the applicability of an immunity-derived bar to suit because immunity is intended to shield the defendant from the burdens of defending

New York State Society of Certified Public Accountants v. Eric Louis Associates, Inc.

79 F. Supp. 2d 331 · District Court, S.D. New York · Dec 2, 1999

As noted, Defendant’s partners were clearly aware of the Society’s mark, and, unlike ELA’s other two domain names-“ericlouis.com” and “eric-louis. com”-the “nysscpa.com” domain name clearly was not selected because it “reflected … is not clearly worse than failing to seek the advice of counsel in the first place.

Clear Channel Outdoor, LLC v. City of New Rochelle

District Court, S.D. New York · May 7, 2024

The parties hotly contest whether the twenty-year immunity period granted under the Stipulation functioned as amortization sufficient to qualify as just compensation within the meaning of Section 88(7). … Public health, safety, and welfare is one such well-established public use. See, e.g., Kelo v.

Black v. Ganieva

District Court, S.D. New York · Jun 30, 2022

See Opp. at 11~12. 35 allegations—these do not qualify as frivolous. … The Court agrees that, for two reasons, sanctions are not warranted based on Noerr- Pennington immunity.

Denney v. Jenkens & Gilchrist

230 F.R.D. 317 · District Court, S.D. New York · Feb 18, 2005

This notice clearly stated all of the information required by Rule 23(c)(2)(b). … Here, the June 28 Notice clearly apprised all class members of the terms of the settlement.

Petito v. Puritan's Pride, Inc.

35 F. Supp. 3d 494 · District Court, S.D. New York · Jul 31, 2014

may be established by analytic reasoning. … to establish an invention’s therapeutic utility.”

Olin Corp. v. Consolidated Aluminum Corp.

807 F. Supp. 1133 · District Court, S.D. New York · Dec 1, 1992

Olin refused to contribute to the clean-up and filed the instant declaratory judgment action seeking this Court’s determination that it is immune from liability under the express terms of the Purchase Agreement, the Assumption … The first sentence of Section 107 clearly assumes the joint and several liability of all liable parties to any party that, under the Act, has the right to demand clean-up and redress of damages, i.e., the government.

New Jersey Carpenters Health Fund v. Residential Capital, LLC

288 F.R.D. 290 · District Court, S.D. New York · Jan 3, 2013

The tolling principle established in that ease is based on Fed.R.Civ.P. 23 rather than on equitable considerations and is therefore a legal, rather than an equitable, form of tolling. … Clearly, I did not intend this result. My goal was to further narrow, rather than to destroy, Plaintiffs’ proposed class definitions.

Knight v. City of New York

303 F. Supp. 2d 485 · District Court, S.D. New York · Feb 20, 2004

To establish a First Amendment retaliation claim under Section 1983, Knight must establish that (1) the speech at issue was protected; (2) he suffered an adverse employment action; (3) there was a causal connection between … and immunities under the laws; (3) an act in furtherance of the conspiracy; and (4) injury in his person or property or deprivation of any right of a citizen of the United States.

Cohen v. United States

999 F. Supp. 2d 650 · District Court, S.D. New York · Feb 28, 2014

Thus, the Cohens need to show that 8C was used by them for an additional 12 months in order to qualify for the Section 121 exclusion. … The Government points out that the regulation states that “[i]n establishing whether a taxpayer has satisfied the 2-year use requirement, occupancy of the residence is required.” 26 C.F.R. § 1.121 -l(c)(2).

Commodity Futures Trading Commission v. Crown Colony Commodity Options, Ltd.

434 F. Supp. 911 · District Court, S.D. New York · Jun 15, 1977

These practices were abundantly established at the hearing on the preliminary injunction. … These refusals to execute customers’ orders clearly violated the rules promulgated by the Commission. 23 In sum, the evidence tendered to the Court — the substance of which has not been controverted by affidavits or testimony