Case law

Dunbar v. Johnson

District Court, S.D. New York · Jun 9, 2025

The Court must dismiss an IFP 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 … A claim is “frivolous when either: (1) the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy; or (2) the claim is based on an indisputably meritless legal theory.”

d'Amico Dry d.a.c. v. McInnis Cement, Inc.

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

Supp. 88, 95 (S.D.N.Y. 1977) (“[A] defendant may ‘be found within the district’ and hence immune to attachment under Rule B(1) only if ‘(1) in personam jurisdiction can be obtained therein; and (2) he can, with due diligence … McInnis USA does not possess sufficient authority to act on McInnis Canada’s behalf to qualify as its managing or general agent.

De Kwiatkowski v. Bear Stearns & Co., Inc.

126 F. Supp. 2d 672 · District Court, S.D. New York · Dec 29, 2000

The court regarded Walker’s evidence as sufficient to establish a lack of due care, but not sufficient to establish either misrepresentation or other misconduct, or negligence so egregious as to constitute recklessness.”) … Clearly the relationship was not intended as such.

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.

United States v. Associated Press

52 F. Supp. 362 · District Court, S.D. New York · Oct 6, 1943

Clearly the provisions of AP’s by-laws as to admission of members have had no tendency to create a monopoly in news gathering — witness the growth of UP, INS, and other news gathering agencies. … Solely the court’s view that a news gathering organization as large and efficient as AP is engaged in a public calling, and so under a duty to admit “all ‘qualified’ applicants on equal terms.” *376 The only authority advanced

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

884 F. Supp. 869 · District Court, S.D. New York · May 1, 1995

As the Supreme Court held therein, a prima facie case for discrimination under Title VII requires a showing that (i) the claimant belongs to a racial minority; (ii) that he applied and was qualified for a job for which the … While some specific instances are clearly based on hearsay, others, notably those cited above, may be considered for purposes of this motion and are sufficient to satisfy claimants’ prima facie burden.

Chin-McKenzie v. Continuum Health Partners

876 F. Supp. 2d 270 · District Court, S.D. New York · Jun 29, 2012

Here, the evidence adduced by Chin-McKenzie is clearly sufficient to meet the subjective dimension of a hostile work environment claim, i.e., that Chin-McKenzie found the work environment abusive. … To establish a prima facie case of retaliation, a plaintiff must show: (1) that she participated in an activity protected by Title VII, (2) that her participation was known to her employer, (3) that her employer thereafter

Flores v. Anjost Corp.

284 F.R.D. 112 · District Court, S.D. New York · Jun 19, 2012

Rule 23(b) In addition to satisfying the Rule 23(a) prerequisites, the class proponent must qualify the proposed class under one of the three subsection 23(b) categories. Broum, 609 F.3d at 476 . … The term restaurant includes but is not limited to restaurant operations of other types of establishments, restaurant concessions in any establishment and concessions in restaurants.” 12 N.Y.C.R.R. § 146-3.1. .

Buono v. Poseidon Air Systems

District Court, S.D. New York · Mar 11, 2022

Stated simply, the movant must establish that the law favors the judgment sought. Gonzalez v. Rutherford Corp., 881 F. … Adopting this argument would clearly violate that prohibition and create a carveout under § 5125(b)(1)(E) for reusable containers. This argument is unpersuasive. III.

Broidy v. Global Risk Advisors LLC

District Court, S.D. New York · Sep 26, 2023

The owners of an LLC are called members—a point of which Plaintiffs are clearly aware given their pleading GRA’s membership. See SAC ¶ 9. … First, the SAC alleges that the information and documents stored on Plaintiffs’ computer systems qualifies as property.

Virgin Atlantic Airways Ltd. v. British Airways PLC

872 F. Supp. 52 · District Court, S.D. New York · Dec 30, 1994

Such specificity is not required when the sources of proof are clearly within the defendant's control. See Expoconsul International, Inc. v. … While the DOT findings do not immunize the transaction from antitrust liability, they are entitled to weight in considering whether Virgin Atlantic has stated a claim. 3 .

New York Bankers Ass'n v. City of New York

119 F. Supp. 3d 158 · District Court, S.D. New York · Aug 7, 2015

The Court sees no reason why regulation through coercive power, rather than by explicit demand or stricture, should be immune from preemption scrutiny. See N.Y. News, Inc. v. … As Plaintiff points out, under Defendants’ view of what qualifies as “regulatory,” even the Federal CRA would not qualify, because it does not require federal regulators to penalize banks for poor ratings.

Pirelli Armstrong Tire Corp. v. LaBranche & Co.

229 F.R.D. 395 · District Court, S.D. New York · May 27, 2004

According to Empire, these facts establish that Empire, through Martin, is capable of acting as a fiduciary on behalf of a class. … CalPERS argues simply, and without supporting evidence, that small trades routed over SuperDOT are accomplished "with minimal specialist intervention" and that such trades, "while not immune, are much less likely to suffer

United States v. Moss

628 F. Supp. 525 · District Court, S.D. New York · Jan 22, 1986

The Evidence of Defendant’s Involvement With the Two Checks Referred to in the Indictment The Government offered evidence from witnesses qualified to testify on the subjects of fingerprints and handwriting. … It seems to me a fair inference to draw from all the evidence; and to establish knowledge on the part of Moss beyond a reasonable doubt.

DeMarco v. Lehman Bros.

222 F.R.D. 243 · District Court, S.D. New York · Jul 6, 2004

Sensitive to these considerations, the opinion in Hevesi notes Professor Coffee’s view that “[o]nly in a ease where the publication of the [analyst] report clearly moved the market in a measurable fashion would the ‘fraud … Whatever might need to be alleged to meet this standard at the pleading stage, the Court further holds that to qualify for class certification in a case where, as here, such certification is dependent on invocation of the

Hussein v. Dahabshiil Transfer Services Ltd.

230 F. Supp. 3d 167 · District Court, S.D. New York · Jan 27, 2017

Plaintiffs bear the burden of establishing personal jurisdiction. … Financial services, including routine banking services, can qualify as material support. See Weiss v. Nat. Westminster Bank PLC, 453 F.Supp.2d 609, 625 (E.D.N.Y. 2006). .

Hunt v. Mobil Oil Corporation

410 F. Supp. 10 · District Court, S.D. New York · Nov 5, 1975

To establish his claim plaintiff would have to show that such acts and conduct were a material cause of his alleged damage; 43 that but for defendants’ conspiratorial manipulative activities the Libyan government would not … The precise basis for the claim of lack of subject matter jurisdiction is not altogether clearly articulated by the defendants.

Patane v. Clark

435 F. Supp. 2d 306 · District Court, S.D. New York · Jun 21, 2006

We will, therefore, exercise supplemental jurisdiction to apply the clearly articulated rule of Tomka to the facts of the present case. … To qualify as a protected activity it is enough that plaintiff made informal complaints of discrimination to management. See Gregory, 243 F.3d at 700-01 .

Arneil v. Ramsey

414 F. Supp. 334 · District Court, S.D. New York · May 12, 1976

. *338 Here the second condition is clearly-satisfied. Plaintiffs are, and at all relevant times have been, residents of the State of Washington. … The earliest point in time at which they would qualify as asserted members would be December 17, 1974, when the proposed amended complaint was filed with a motion for leave to amend.

Francolino v. Kuhlman

224 F. Supp. 2d 615 · District Court, S.D. New York · Sep 3, 2002

established federal law). … Parenthetically, under AEDPA, even incorrect decisions must stand unless they are “contrary to” or involve an “unreasonable application of, clearly established Federal law.”