Case law

AUSA Life Insurance Co. v. Ernst & Young

991 F. Supp. 234 · District Court, S.D. New York · Dec 19, 1997

The evidence does not clearly establish that if all of the irregularities in JWP’s financial statements for the years 1987 through 1990 had been corrected, this would have so altered the total mix of information available … The evidence clearly establishes that plaintiffs relied on those reports in deciding to purchase JWP’s notes and that they lost roughly $100 million on those investments.

Pan American World Airways, Inc. v. Marshall

439 F. Supp. 487 · District Court, S.D. New York · Oct 6, 1977

Clearly, under 41 C.F.R. § 60-2.2 (b), without a hearing no more than two government contracts may be denied Pan American on the basis of its mandatory maternity leave policy. … has not clearly established probability of success on the merits.

Carfora v. Teachers Insurance Annuity Association of America

District Court, S.D. New York · Aug 16, 2024

With respect to Confidential Discovery Material other than deposition transcripts and exhibits, the Producing Party or its counsel may designate such material as “Confidential” by stamping or otherwise clearly marking … The Producing Party retains the burden of establishing the privileged or protected nature of any Inadvertently Disclosed Information.

Capitol Records, Inc. v. MP3tunes, LLC

48 F. Supp. 3d 703 · District Court, S.D. New York · Sep 29, 2014

And Plaintiffs’ established that claim at trial. … A service provider qualifies for § 512(c) immunity only if the service provider: (i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing; (ii) in the absence

Centano v. Apfel

73 F. Supp. 2d 333 · District Court, S.D. New York · Jun 28, 1999

. & Welfare, 612 F.2d 701, 704-05 (2d Cir.1980) (holding that a plaintiffs subjective symptoms of pain may serve as a basis for establishing disability). … The ALJ’s decision to discount plaintiffs subjective complaints of pain must be accepted by a reviewing court unless it is clearly erroneous. See Aponte v.

Fund of Funds, Ltd. v. Arthur Andersen & Co.

545 F. Supp. 1314 · District Court, S.D. New York · Jul 16, 1982

Just where to draw the line on the percentage has not been clearly established. We feel 10% would be a bare minimum and would like to see a higher number. … Clearly that is not the case.

McFarlane v. First Unum Life Insurance Co.

274 F. Supp. 3d 150 · District Court, S.D. New York · Aug 15, 2017

However, the regulations clearly contemplate that the clock will be running in less than ideal conditions”). … The term "plan sponsor” means: "(i) the employer in the case of an employee benefit plan established or maintained by a single employer, (ii) the employee organization in the case of a plan established or maintained by an

McMahon v. Hodges

225 F. Supp. 2d 357 · District Court, S.D. New York · Sep 26, 2002

In rejecting this claim, the court unreasonably failed to apply clearly established federal constitutional law that was both relevant and applicable to McMahon’s claim. B. … Hence, the trial court’s initial decision to deny recusal was neither contrary to, nor involved an unreasonable application of, clearly established federal law.

Reisner v. General Motors Corp.

511 F. Supp. 1167 · District Court, S.D. New York · Mar 30, 1981

KG) established by Erich Bitter, who was Reisner’s distributor and representative in West Germany, Switzerland, and the Benelux countries. … As has already been noted, the finished automobile market is not the relevant market for establishing tying of engines to certain components.

Hubbell Inc. v. Pass & Seymour, Inc.

883 F. Supp. 955 · District Court, S.D. New York · May 18, 1995

Notwithstanding the breadth of the Sears-Compco cases ... the Supreme Court recently noted that: our decision in Sears clearly indicates that the States may place limited regulations on the circumstances in which such designs … If a products functional features could be used as trademarks, however, a monopoly over such features could be obtained without regard to whether they qualify as patents and could be extended forever ...

Mehta v. Surles

720 F. Supp. 324 · District Court, S.D. New York · Aug 29, 1989

The Pullman doctrine, established in Railroad Comm’n v. … Clearly, defendant Surles, acting in his official capacity as Commissioner of the Office of Mental Health of the State of New York is a state actor. More troublesome, however, is defendant Futura House.

Reid v. City of New York

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

Monell Liability Magistrate Judge Cott properly found that Plaintiff's allegations did not establish Monell liability against the City Defendants. (Report at 42-45.) … Qualified Immunity The Court agrees with Magistrate Judge Cott’s recommendation that since all of Plaintiff's claims are being dismissed, there is no need to address the qualified immunity arguments set forth by the

In Re United Cigar Stores Co. of America

21 F. Supp. 869 · District Court, S.D. New York · Dec 30, 1937

Wise, Goldschmidt, and Sloan were added in February, 1937, after the decision of the Supreme Court on the qualified release claims. … Antell for his services as secretary of the committee is clearly excessive. He will be allowed $2,000. The unpaid balance of $780.34 on the expense bill is disallowed.

Mancia v. State of New York

District Court, S.D. New York · Mar 6, 2020

Amendment immunity ... .” … New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting 42 U.S.C. § 1983. See Trotman v.

Elliott Associates v. Porsche Automobil Holding SE

759 F. Supp. 2d 469 · District Court, S.D. New York · Dec 30, 2010

The Court established a “transactional test” to determine whether the purchase or sale of a security could be the subject of a section 10(b) suit: “whether the purchase or sale is made in the United States, or involves a … Plaintiffs counter that securities-based swap agreements are generally covered by § 10(b), and the swaps at issue here were executed by Plaintiffs in the U.S. and therefore qualify as “domestic transactions in other securities

Scanlon v. Kessler

23 F. Supp. 2d 413 · District Court, S.D. New York · Oct 13, 1998

“[S]uccess on a “purely technical or de minimis ” claim does not qualify a litigant as a prevailing party” Screenlife Establishment v. Tower Video, Inc., 868 F.Supp. 47, 50 (S.D.N.Y.1994). … In the present case, the plaintiff is clearly the prevailing party.

In Re Arbitration Between Promotora De Navegacion, S.A. & Sea Containers, Ltd.

131 F. Supp. 2d 412 · District Court, S.D. New York · Nov 16, 2000

The practice of establishing separate legal entities, such as Strider 9 and Strider 10, to own and operate individual vessels is commonplace in the maritime industry. … Moreover, the error must have been “obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.” Folkways Music Publishers Inc., v.

Pierre v. City Of New York

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

The standard for granting summary judgment is well established. … Dallas Independent School District, the Supreme Court held that “the express ‘action at law’ provided by § 1983 for the ‘deprivation of any rights, privileges, or immunities secured

Druker v. Green (In Re Carla Leather, Inc.)

50 B.R. 764 · District Court, S.D. New York · Jul 1, 1985

For Green, a qualified candidate thoroughly familiar with the Meritum and Carla estates, to have declined would have been to shirk his duty to the Carla estate and its creditors. 3. … Either the appellant has not challenged such findings, or the Court has not found them clearly erroneous. 2 .

AB v. Rhinebeck Central School District

224 F.R.D. 144 · District Court, S.D. New York · Aug 24, 2004

The party moving to intervene must meet all four of these requirements to qualify for intervention as a matter of right. Id. … (Id.) 11 The District fails to establish that the Government acted in an untimely manner.