Case law

Charron v. Pinnacle Group N.Y. LLC

269 F.R.D. 221 · District Court, S.D. New York · Apr 27, 2010

However, there are clearly common questions concerning liability that could best be handled on a class-wide basis. … As established above, the Liability Class also meets the four Rule 23(a) requirements.

Masten v. Metropolitan Life Insurance Company

District Court, S.D. New York · Jun 14, 2021

ERISA further requires that defined-benefit plans provide “a qualified joint and survivor annuity” and a “qualified optional survivor annuity” to qualified participants and beneficiaries. Id. § 1055(d)(1). … That regulatory language, in particular the use of the more ambiguous “may” rather than “shall,” does not clearly establish whether Treasury intended reasonableness as a mandate or a recommendation.

Pascuiti v. New York Yankees

108 F. Supp. 2d 258 · District Court, S.D. New York · Jul 12, 2000

Second, the private plaintiffs qualify as a prevailing party under the relevant standard: [T]o qualify as a prevailing party, a civil rights plaintiff must obtain at least some relief on the merits of his claim. … But K & W, not the Yankees, bears the burden of establishing that the hours it expended were reasonable.

Hotel St. George Associates v. Morgenstern

819 F. Supp. 310 · District Court, S.D. New York · Apr 20, 1993

As a result of defendants’ efforts, holiday meals and a food and clothing pantry were established for the HRA clients. … Plaintiffs actions in this case do not clearly constitute fraud or an affront to justice.

Orange County-Poughkeepsie Ltd. Partnership v. Town of East Fishkill

84 F. Supp. 3d 274 · District Court, S.D. New York · Jan 30, 2015

[all of which were] well traveled and certainly d[id] not qualify as rural areas”); Omnipoint Commc’ns. MB Operations, LLC v. … Its co-applicant, Verizon, howev *304 er, qualifies as a wireless service provider under New York law.

Banque Arabe Et Internationale D'Investissement v. Bulk Oil (USA) Inc.

726 F. Supp. 1411 · District Court, S.D. New York · Dec 12, 1989

It is also established that “the obligation to perform to the third party plaintiff need not necessarily be expressly stated in the contract.” United States v. … Defendants have clearly been given sufficient notice of what they are charged with. Goldman v. Belden, 754 F.2d 1059, 1070 (2d Cir.1985). F.

Scholastic, Inc. v. Stouffer

124 F. Supp. 2d 836 · District Court, S.D. New York · Dec 5, 2000

Here Stouffer’s literary works, and the alleged misappropriated character material, are clearly within the scope of the Copyright Act. … In contrast to a trademark infringement case, where a claimant must establish likelihood of consumer confusion, the salient issue in establishing dilution by tarnishment under both state and federal law is the “whittling

Meeropol v. Nizer

417 F. Supp. 1201 · District Court, S.D. New York · Jul 20, 1976

Nonetheless, upon evaluation of the entire record before the court, I conclude that the plaintiffs cannot meet their burden of establishing likelihood of success in this case. . … Similarly, the alleged standard rule in the publishing industry in the United States that use of more than 300 words of a copyrighted work does not qualify as a fair use, even if such a rule exists, is not dispositive of

Yaba v. Roosevelt

961 F. Supp. 611 · District Court, S.D. New York · Apr 16, 1997

However, the courts in those cases did not find, as a per se rule, that Carpal Tunnel Syndrome cannot qualify as a disability. … Filing a charge is a protected activity and the harassment Yaba allegedly suffered is clearly adverse employment action.

Levy v. Young Adult Institute, Inc.

103 F. Supp. 3d 426 · District Court, S.D. New York · Apr 30, 2015

The Court concludes that the six-year period set out in CPLR 213(7) clearly applies to YAI’s breach of fiduciary duty claim. … Again, there is no allegation that Levy acted with fraudulent intent — for example, there is no allegation that the chosen compensation consultants were not qualified or were a sham.

Ghazibayat v. Schweiker

554 F. Supp. 1005 · District Court, S.D. New York · Jan 10, 1983

The ALJ noted findings of muscle spasm in his opinion (Tr. 13, 14); thus, the Secretary’s statement that no physicians reported such findings is clearly incorrect. … Here there was both subjective evidence of pain and supporting objective clinical evidence, but the AU nevertheless rejected it — though he does not say that in so many words — in favor of a qualified medical opinion plus

Huang v. Sentinel Government Securities

657 F. Supp. 485 · District Court, S.D. New York · Apr 9, 1987

This narrative fails to establish an adequate causal relationship between Mercantile’s acts and plaintiffs’ cause of action. … This conclusory allegation cannot alone suffice to establish a prima facie showing of common law agency.

Ghaly v. United States Department of Agriculture

228 F. Supp. 2d 283 · District Court, S.D. New York · Jan 25, 2002

The plaintiffs administrative leave with pay does not qualify as a “suspension” for CSRA purposes because the defendant received his ordinary salary during this period. See also Oliver v. … Moreover, the petitioner has failed to establish that he has a valid due process claim.

Continental Casualty Co. v. Marshall Granger & Co.

6 F. Supp. 3d 380 · District Court, S.D. New York · Mar 20, 2014

, to establish that it would not have issued the same policy if the correct information had been disclosed in the application.” … An insurer need not qualify every single sentence with such language in order to convey that no final decisions have been reached.

In Re Anjopa Paper & Board Manufacturing Co.

269 F. Supp. 241 · District Court, S.D. New York · Apr 6, 1967

F.D.I.C. questions the usual application of the not clearly erroneous rule in this case. … But the fact that the validity of the sale is not disputed does not establish the fact that the property was worth $38,503 or even $80,000.

United States v. Nelson

606 F. Supp. 1378 · District Court, S.D. New York · Apr 11, 1985

The identities of any and all witnesses who have been offered immunity by the government. j. … In view of the foregoing discussion, it appears that pursuant to the guidelines established in United States v. Finkelstein, supra, Harvey has not made the requisite showing to obtain a severance.

Teachers Insurance & Annuity Ass'n of America v. Shamrock Broadcasting Co.

521 F. Supp. 638 · District Court, S.D. New York · Jul 20, 1981

whether a corporate defendant, Diversified Industries, had waived its right to assert the privilege with respect to a memorandum and report prepared by a law firm hired by the corporation to investigate the corporation’s establishment … Finally, in the analogous area of waiver of work-produet immunity, recent decisions have impliedly rejected the Diversified rationale by indicating that that privilege could be waived by disclosure to investigating government

Taschler v. J.P. Morgan Chase Bank, N.A.

District Court, S.D. New York · Sep 30, 2020

Except as otherwise provided in this Order (see, e.g., Section 4.4 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated … If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must specify

Douglas Rein v. Dutch Bros, Inc.

District Court, S.D. New York · Aug 3, 2023

The statements that Peacock challenges include, inter alia: that “we are not immune to margin pressures, but are managing it appropriately,” id. 4 17; that Dutch Bros has not “felt compelled” to alter its pricing in response … Scheinost did not, however, make such an argument, and such an argument would not have availed Scheinost, who also sold shares during the class period. 16 Rein, however, has established

Sadowsky v. City of New York

578 F. Supp. 1577 · District Court, S.D. New York · Jan 12, 1984

The standard established in this Circuit requires two distinct inquiries. See Arrow United Industries v. Hugh Richards, Inc., 678 F.2d 410 (2d Cir.1982). … Further .delay would clearly cause problems with contracts already negotiated and with planning for future contracts, as well as with financing arrangements.