Case law

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 .

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 .

DBT GmbH v. J.L. Mining Co.

544 F. Supp. 2d 364 · District Court, S.D. New York · Apr 8, 2008

On both motions, “[t]he party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” … This provision clearly constitutes a warranty under New York law.

Federal Election Commission v. Weinsten

462 F. Supp. 243 · District Court, S.D. New York · Dec 7, 1978

Among the states Governor Shapp certified was Alabama, with $5,000 in contributions received, the minimum needed to qualify. … Justice Holmes, for the Court, said: “It is thoroughly established that Congress has power to order the deportation of aliens whose presence in the country it deems hurtful.

Holland v. Fahnestock & Co.

210 F.R.D. 487 · District Court, S.D. New York · Oct 15, 2002

“If a party does not qualify as necessary under Rule 19(a), then the court need not decide whether its absence warrants dismissal under Rule 19(b).” Viacom Int’l, Inc. v. … June 10, 1996) (finding that nearly identical language to that in this case "clearly effects a novation”). . See, e.g., Ryan v.

Nextec Applications v. BROOKWOOD COMPANIES, INC.

703 F. Supp. 2d 390 · District Court, S.D. New York · Mar 31, 2010

As discussed extensively above, the '630 application clearly used thixotropic in its conventional chemistry sense. … Under such circumstances, the party challenging the validity of the patent “has the added burden of overcoming the deference that is due to a qualified government agency presumed to have properly done its job, which includes

Farina v. Metropolitan Transportation Authority

District Court, S.D. New York · Sep 2, 2020

The Producing Party shall at all times carry the initial burden of establishing that the contested information merits a “Confidential” or “Highly- Confidential-Outside Counsel Only” designation. … (b)(5)(B) and Federal Rule of Evidence 502, in the event a Producing Party inadvertently discloses information subject to the attorney-client privilege, attorney work-product doctrine, or other applicable privilege or immunity

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

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.

Radiancy, Inc. v. Viatek Consumer Products Group, Inc.

138 F. Supp. 3d 303 · District Court, S.D. New York · Mar 28, 2014

In an attempt to remedy such consequences, the court established stricter substantive standards—in addition to the higher pleading standards established in Exergen Corp. v. … Via-tek’s claims regarding the advertising of the hair removal products is not clearly set forth in its Counterclaims.

Schwartz

District Court, S.D. New York · Nov 10, 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 … Allegations that an individual was a decisionmaker regarding accommodations for a disabled individual are insufficient to establish that an individual operates a public accommodation.

Fernandez

District Court, S.D. New York · Jul 2, 2026

Nov. 9, 2020) (holding that employment history and income tax statements were relevant because “Plaintiff's past income is clearly relevant to refuting Plaintiff's claims regarding the extent of any alleged damages due … Defendant has not established a compelling need to obtain tax returns back to 2018.

Fishman v. City of New Rochelle

District Court, S.D. New York · Jan 22, 2025

ADA Claim To establish a violation of Title II of the ADA, a plaintiff must allege that (1) he or she is a qualified individual with a disability; (2) the defendants … Plaintiff is a “qualified individual” for the purposes of the ADA and the RA.

Eyal R.D. Corp. v. Jewelex New York, Ltd.

576 F. Supp. 2d 626 · District Court, S.D. New York · Sep 17, 2008

Preliminarily, it should be noted that to establish a copyright infringement cause of action a plaintiff must establish both (1) *633 ownership of a valid copyright and (2) infringement of the copyright on the part of the … Jewelex therefore concludes that the jewelry designs depicted in the registration “clearly have nothing whatsoever to do with each other” and that “there is no credibility to state that the designs set forth in the deposit

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.

Lamont v. United States

613 F. Supp. 588 · District Court, S.D. New York · Jun 3, 1985

Lamont began employment with defendant as an unlicensed seaman aboard the Atlantic in the capacity of a Qualified Member of the Engineering Department (“QMED”) at a base wage of $1,516.92 per month plus overtime and other … It is well established that a shipowner has a duty to provide maintenance, wages, and cure to a “seaman who becomes ill or is injured while in the service of the ship.” Vella v.

Herrera v. Trabajamos Community Head Start, Inc.

236 F. Supp. 3d 858 · District Court, S.D. New York · Feb 20, 2017

Trabajamos’s final argument under the first element is that Castro’s reports of misconduct to individual Board members do not qualify as protected disclosures. … 1563(c)(1)((B); see also Yang; 674 Fed.Appx. at 14 , 2016 WL 7436485 , at *1 (“If a plaintiff carries the burden, the defendant employer can still secure a.favorable judgment by showing no genuine dispute that the record clearly

The Rodney

20 F. Cas. 1090 · District Court, S.D. New York · Apr 15, 1831

The well-established rules ■of the maritime law seem to give them a precedence over all other creditors. … If a lien existed in favor of the United States, by virtue of the indebtedness, most clearly no forfeiture followed the failure to satisfy the lien. Forfeitures are never implied.

Paramount Pictures Corp. v. Carol Publishing Group

11 F. Supp. 2d 329 · District Court, S.D. New York · Jun 1, 1998

The Joy of Trek is clearly such a book. … Ramer’s book, however, does not so qualify. 9 . It is, of course, possible that other infringing books exist that could serve the same purpose.