Case law

Shaughnessy v. Scotiabank

District Court, S.D. New York · Mar 29, 2024

To establish a prima facie case of age discrimination, a plaintiff must show that he (1) is a member of a protected class, (2) is qualified for the position, (3) suffered an adverse … A corporate employee can never qualify as an “employer” under the NYSHRL. See Doe, 167 N.E.3d at 459-60.

Union of Needletrades, Industrial & Textile Employees v. United States Immigration & Naturalization Service

202 F. Supp. 2d 265 · District Court, S.D. New York · May 24, 2002

Once it is established as a matter of legislative intent in one provision that in order to prevail, and thus qualify for counsel fees, a party must obtain some judicial relief on the merits of the litigation, it becomes untenable … As a qualifier to “prevailing,” that usage may be read to demand an inquiry into the degree of success on the merits for which the winner may properly be rewarded.

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.

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

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 .

Childers v. New York & Presbyterian Hospital

36 F. Supp. 3d 292 · District Court, S.D. New York · Jun 23, 2014

This duty therefore qualifies as fiduciary. b. … AJW Qualified Partners, 83 A.D.3d 804 , 921 N.Y.S.2d 260, 264 (2d Dep’t 2011).

Empire Stevedoring Co. v. Oceanic Adjusters, Ltd.

315 F. Supp. 921 · District Court, S.D. New York · Sep 2, 1970

On May 6, 1968, defendant Liman qualified as trustee in bankruptcy for the eight. … Furthermore that property held by a bankrupt in trust for another is clearly property to which a bankrupt’s creditors have no claim..

United States v. Yonkers Board of Education

984 F. Supp. 687 · District Court, S.D. New York · Oct 8, 1997

established in prior proceedings See, e.g., 96 F.3d at 608 . … Basic skills programs shall be established on both the elementary and secondary levels.

General Motors Corp. v. Pennsylvania Railroad Co.

357 F. Supp. 646 · District Court, S.D. New York · Apr 12, 1973

Goods by Sea Act of the United States of America, approved April 16, 1936, which shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the Carrier of any of its l-ights or immunities … Since we have found that the lighter was not delivered, she had the status of an invitee, for Lloyd clearly invited scows to tie up at its berths.

Fuchs v. Swanton Corp.

482 F. Supp. 83 · District Court, S.D. New York · Sep 28, 1979

to establish an independent basis for this Court’s jurisdiction over the derivative action for damages set forth in Count I. … Although it may be that a failure to disclose the existence of the conflict here would be sufficient to establish a claim of deception, see Kaplan v.

Cove Tankers Corp. v. United Ship Repair, Inc.

528 F. Supp. 101 · District Court, S.D. New York · Oct 15, 1981

Because the injury in this case did not arise upon the navigable waters of the United States, the Act clearly does not apply to this plaintiff, see, Panama Agencies Co. v. Franco, 111 F.2d 263, 265 (5th Cir. 1940). … The bill simply provided for the establishment of “compensation districts, including places where work covered by this act is done.”

E. ON AG v. Acciona, SA

468 F. Supp. 2d 559 · District Court, S.D. New York · Jan 9, 2007

In that context, the court has developed the now firmly established conduct and effects tests. … Spain clearly provides an adequate alternative forum. Therefore, only the second and third issues require discussion.

Mora v. New York State Unified Court System

District Court, S.D. New York · Sep 19, 2023

The Eleventh Amendment precludes suits against states and state agencies unless the state expressly waives its sovereign immunity or Congress abrogates that immunity. See Seminole Tribe of Fla. v. … New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting Section 1983. Trotman v.

Shaw v. Thompson

21 F. Cas. 1201 · District Court, S.D. New York · Jun 15, 1845

The witness qualified this statement afterwards by saying, he was not sure but that arrangement was made between Stearns and Parrington alone; but he accepted it as understood by all those present that such course was to … It seems to me, therefore, upon the whole case, that the libellant has established a right to recover from the defendants the balance of freight unpaid by them, to wit, $91 90.

Campbell v. Weihe Yu

25 F. Supp. 3d 472 · District Court, S.D. New York · Jun 10, 2014

Defendants move to dismiss for failure to make a demand on the board of directors or to establish demand futility. … Defendants, however, sought to dismiss all claims for failure to establish demand futility. . See DI 45, at In. 1.

International Equity Investments, Inc. v. Opportunity Equity Partners Ltd.

472 F. Supp. 2d 544 · District Court, S.D. New York · Jan 30, 2007

II (indicating that IEII qualifies as a Significant Investor). 34 . Operating Agreement at 2. 35 . Id. § 7.07. 36 . Ctrclm. ¶ 1. 37 . Id. ¶ 4. 38 . Id. 39 . Id. ¶ 32. … An allegation clearly designed to satisfy the joint control requirement alleges joint control among the funds, not between Opportunity Equity and IEII.

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.

Dunbar v. ABC World News Network

District Court, S.D. New York · Jun 16, 2025

Court must dismiss an in forma pauperis complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible”); Livingston, 141 F.3d at 437 (“[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly

Fincher v. The City of New York

District Court, S.D. New York · Sep 29, 2021

An arresting officer may avoid liability for a claim of false arrest by demonstrating either that he had probable cause for the arrest or that he is protected from liability because he has qualified immunity. … immunity.

Garcia v. NYC Health & Hospitals Corporation

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

Garcia has not pled facts to establish that he was qualified for the position for which he was allegedly passed over. … [the] immune” system, id. § 1630.2(h)(1). The Court assumes arguendo that all of the medical conditions pled by Garcia are qualifying impairments.