Case law

Cunard Line Ltd. v. Abney

540 F. Supp. 657 · District Court, S.D. New York · Jun 7, 1982

The joint nature of the obligation does not imply that the joint obligor is immune from being sued individually. Caplan v. Caplan (1935) 268 N.Y. 445, 448 , 198 N.E. 23 . … No such allegation was made in this case, and it clearly seems unwarranted.

Cadence Industries Corp. v. Ringer

450 F. Supp. 59 · District Court, S.D. New York · Mar 13, 1978

. § 207 expressly authorizes the Register of Copyrights to establish rules governing applications for copyright registration and renewal and to determine whether applications are entitled to registration. 2. … However, the Copyright Office informed the Plaintiffs that to qualify for such exceptional treatment the Plaintiffs would be required to support each such claim with a statement that (1) all of the contributions in the work

McCormack v. IBM

145 F. Supp. 3d 258 · District Court, S.D. New York · Nov 9, 2015

“It is well established that the burden-shifting framework set forth by the Supreme Court in McDonnell Douglas Corp. v. … “To establish a prima facie case, a plaintiff with an age discrimination claim must show (1) that [he or] she was within the protected age group, (2) that [he or] she was qualified for the position, (3) that [he or] she experienced

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.

Chau v. Lewis

935 F. Supp. 2d 644 · District Court, S.D. New York · Mar 29, 2013

To establish a libel claim in New York, a plaintiff must establish five elements: (1) a written defamatory factual statement concerning the plaintiff; (2) publication to a third party; (3) fault, established by demonstrating … It is clearly meant to contrast his prior experience unrelated to his current job as a CDO manager.

Zaitchick v. American Motorists Insurance

554 F. Supp. 209 · District Court, S.D. New York · Dec 28, 1982

Defendant’s arson defense is dependent principally on the testimony of John Connell, a well-qualified arson expert. Mr. … Defendant contends that it has laid out the “building blocks” needed to establish plaintiffs’ motive and intent.

Fox News Network, LLC v. Board of Governors of the Federal Reserve System

639 F. Supp. 2d 384 · District Court, S.D. New York · Jul 30, 2009

Relevant Law Congress enacted FOIA “to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.” Fed. Open MM. Comm. of Fed. Reserve Sys. v. … Any responsive document qualifies as exempt because it contains information obtained from the borrower: names, amounts, and collateral. 2.

Transit Casualty Co. v. Trenwick Reinsurance Co.

659 F. Supp. 1346 · District Court, S.D. New York · Apr 30, 1987

In passing the Federal arbitration Act (the “Arbitration Act”), Congress intended to establish a uniform federal law governing contracts falling within its scope. … By no means, however, does Transit’s disagreement establish any of the statutory grounds for vacating an award or that the panel manifestly disregarded the law.

United States v. Foster

9 F.R.D. 367 · District Court, S.D. New York · Oct 3, 1949

Davis, demonstrate quite clearly that the alleged discharge is colorable and not made in good faith, and I so find. … And experience has taught us that frequently actions speak more clearly than spoken or written words.

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.”

Sparaco v. Lawler, Matusky, Skelly Engineers LLP

313 F. Supp. 2d 247 · District Court, S.D. New York · Apr 2, 2004

The Court of Appeals concluded that portions of Plaintiffs site plan provided sufficiently detailed specifications for such items as the location of curbs and buildings to qualify as protected matter under United States copyright … However, the contract clearly entitled Plaintiff to be paid for any amendment that might be undertaken— whether by way of payment for his services or via a licensing fee. 4 .

Bailey v. Synthes

295 F. Supp. 2d 344 · District Court, S.D. New York · Dec 16, 2003

The actions of which Plaintiff complains in this case are clearly analogous. Hence, the “continuing violation” doctrine does not apply and, as a result, none of Plaintiffs Title. … Under this framework, the plaintiff must first establish a prima facie case of discrimination by demonstrating that: “(1) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered an adverse

Equal Employment Opportunity Commission v. Bloomberg L.P.

967 F. Supp. 2d 816 · District Court, S.D. New York · Sep 9, 2013

To establish a prima facie case for discriminatory failure to promote, the plaintiff must demonstrate that “(1) she is a member of a protected class; (2) she applied and was qualified for a job for which the employer was … Had Kushnir been able to establish a prima facie case, these observations would have applied with even more force in the face of her weightier burden at the pretext stage and demonstrate clearly that she cannot survive summary

Kamen Soap Products Co. v. STRUTHERS WELLS CORPORATION

159 F. Supp. 706 · District Court, S.D. New York · Mar 4, 1958

The printed signature at the end of the offer form is “Yours very truly, The Titusville Iron Works Company” with no qualifying words. Plaintiff’s acceptance is approved by “J. L. … Nor is this established by the fact that Titusville is referred to as a “division” of Struthers Wells.

Fernandez v. Vanilla Chip, LLC

District Court, S.D. New York · Apr 18, 2025

as the ADA,’” Plaintiff has also established standing on her state law claim. … To be sure, “Title III defines ‘public accommodation’ to include many different types of entities, some of which are clearly tied to physical locations (such as ‘theater[s]’ and ‘park[s]’).”

Polk v. Del Gatto Inc.

District Court, S.D. New York · Jul 23, 2021

Precision Stone, Inc., 584 F.3d 33, 39 (2d Cir, 2009) (parties’ consent is “sufficient to establish the applicable choice of law” (citation omitted)). … Second, even if Del Gatto’s broad construction of the disclaimer term “interruption” were accepted, there would be a factual question as to whether the delay alleged here so qualified.

In re PaineWebber Ltd. Partnerships Litigation

171 F.R.D. 104 · District Court, S.D. New York · Mar 20, 1997

Rule 23(a)(1), which requires that “the class [be] so numerous that joinder of all members is impracticable,” is clearly satisfied here. … Qualified members of the Federal and Texas Classes may file claims in both settlements, but may not recover twice for the same alleged loss. .

Rates Technology Inc. v. Broadvox Holding Co.

15 F. Supp. 3d 307 · District Court, S.D. New York · Jan 28, 2014

must determine the claimed function.” 72 “Second, the court must identify the corresponding structure in the written description of the patent that performs the function.” 73 “A structure disclosed in the specification qualifies … as a ‘corresponding structure’ if the specification or the prosecution history clearly links or associates that structure to the function recited in the claim.” 74 D.

Jordan v. Lefevre

22 F. Supp. 2d 259 · District Court, S.D. New York · Oct 13, 1998

Such a finding will not be overturned on appeal unless it is clearly erroneous. See Brown v. Kelly, 973 F.2d 116, 122 (2d Cir.1992). … [Step 3:] The trial court then will have the duty to determine if the defendant has established purposeful discrimination. Batson v.

Ryan v. Goldfine

District Court, S.D. New York · Jun 10, 2024

The body cam footage shows clearly that Mr. Edward was the aggressor. With the body cam footage, it was Mr. … immunity. 16