Case law

Lopes v. City of New York

District Court, S.D. New York · Aug 27, 2024

Plaintiffs’ do not clearly elucidate the basis of this challenge. Instead, in their “best effort to articulate” this claim (Pls. … It is well established that neither the Supremacy Clause nor OSHA provides a private right of action.

Felix v. New York City Department of Education

District Court, S.D. New York · Jul 24, 2023

Plaintiff requested that she be reassigned to a vacant position in Brooklyn for which she applied and was qualified. … Viewing the record in a light most favorable to Plaintiff, Plaintiff has met her initial, “modest” burden of proposing “the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its

Kane v. de Blasio

District Court, S.D. New York · Aug 26, 2022

But plaintiffs are not correct that strict scrutiny must apply to an immunization mandate. … Even if plaintiffs’ claims regarding “natural immunity” were true, they would not be significant as many of the plaintiffs do not allege that they have ever contracted the coronavirus or have any “natural immunity.”

Salinger v. Random House, Inc.

650 F. Supp. 413 · District Court, S.D. New York · Nov 5, 1986

It concerns itself also with the establishment and maintenance of artistic reputation. See Schnapper v. Foley, 667 F.2d 102 , 114 n. 5 (D.C. … Because I find fair use so clearly established, I need not reach a finding on whether, absent fair use protection, the infringement would be so insignificant as to warrant the denial of even a preliminary injunction.

Hyland v. Navient Corporation

District Court, S.D. New York · Jul 8, 2019

plans -- while working for a qualifying employer. … Only Direct Loans qualify for PSLF.

Nurnberg v. Froehlke

355 F. Supp. 1187 · District Court, S.D. New York · Feb 9, 1973

Petitioner has not established that he was prejudiced in any way in being mistakenly mailed a copy of the unrevised regulation. … National policy clearly favors allowing those with truly held conscientious objector beliefs to avoid military service.

Davis v. City of New York

902 F. Supp. 2d 405 · District Court, S.D. New York · Oct 9, 2012

1437d(i), they may not sue under section 1983, and that, even if they do have such a private right, it has not been infringed. 194 Section 1983 creates a cause of action for “the deprivation of any rights, privileges, or immunities … the Court later summarized in the Gonzaga decision, “[t]he key to our inquiry [in Wright ] was that Congress spoke in terms that ‘could not be clearer,’ and conferred entitlements ‘sufficiently specific and definite to qualify

Sierra Club v. United States Army Corps of Engineers

590 F. Supp. 1509 · District Court, S.D. New York · Jun 27, 1984

The question is whether a reasonable attorney could have concluded that facts supporting the claim might be established, not whether such facts actually had been established. 620 F.2d at 348 . … The court recognized that municipal immunity from punitive damages was a broadly applied doctrine.

O'Hara v. Board of Cooperative Education Services, Southern Westchester

District Court, S.D. New York · Mar 16, 2020

Analysis While the SAC does not clearly identify individual causes of action, Defendants raise arguments to address several causes of action that might be fairly … Court of Appeals of Maryland, 566 U.S. 30, 33–37 (2012) (holding that Congress lacked the authority to abrogate state sovereign immunity when it legislated certain provisions of the FMLA).

Concerned Jewish Youth v. McGuire

469 F. Supp. 1296 · District Court, S.D. New York · May 25, 1979

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. Hague v. … Balancing the interests at stake herein, the police restrictions upon picketing and amplified noise in the immediate vicinity of the Soviet Mission clearly pass constitutional muster, certainly so far as concerns a demand

Reinhardt v. COM. OF MASS. DEPT. OF SOCIAL SERV.

715 F. Supp. 1253 · District Court, S.D. New York · Jun 28, 1989

The Second Circuit has established a three-part test, emanating from Dayton Christian Schools , for determining when Younger abstention should be applied. … Clearly, the Family Court of New York is bound by the Federal Constitution.

Maharishi Hardy Blechman Ltd. v. Abercrombie & Fitch Co.

292 F. Supp. 2d 535 · District Court, S.D. New York · Dec 8, 2003

The dragon images at issue here plainly do not qualify as “work[s] of visual art” under the statute. … Those sweater designs therefore fail to qualify for protection of trade dress inherent in product design.” 71 F.3d at 1009.

Helprin v. Harcourt, Inc.

277 F. Supp. 2d 327 · District Court, S.D. New York · Aug 13, 2003

The Court is not persuaded that the alleged breach is not significant enough to qualify for rescission. … Yet, the case Harcourt cites for this proposition clearly distinguishes between cases based upon a rescission of a voidable contract and cases where the remedy sought includes rescission. See E.T.C. Corp. v.

Murray v. Board of Educ. of City of New York

984 F. Supp. 169 · District Court, S.D. New York · Nov 5, 1997

Failure to Promote To establish a prima facie case of hiring discrimination under Title VII, plaintiff must demonstrate that (i) she is a member of a protected class; (ii) she applied and was qualified for a job for which … In her Amended Complaint, however, plaintiff clearly alleges "constructive discharge”. Amended Complaint at 2.

Harris v. United States

9 F. Supp. 2d 246 · District Court, S.D. New York · May 20, 1998

This proffered testimony by Harris is entirely insufficient to qualify his present contentions as based upon newly discovered evidence. … While there was clearly a relationship of some sort between Starwood Corporation and Starwood Holdings, and there was clearly a relationship of some sort between Rojas and Harris, I agree with habeas counsel that these documents

Matos v. United States

907 F. Supp. 2d 378 · District Court, S.D. New York · Feb 16, 2012

To establish ineffective assistance of counsel, Matos must “(1) demonstrate that his counsel’s performance fell below an objective standard of reasonableness in light of prevailing professional norms, and (2) affirmatively … The fraud loss clearly exceeded $10,000. Accordingly, Matos’ argument that the loss amount should be modified to reflect an amount less than $10,000 is contrary to the plain facts surrounding his conviction.

Continental Corrugated Container Corp. v. Continental Group, Inc.

462 F. Supp. 200 · District Court, S.D. New York · Dec 5, 1978

In fact, the price hike had been announced by the defendant, not the plaintiff, on letterhead clearly identifying the source. … (possible that term “The Trib” might qualify for protection if shown to have secondary meaning in newspaper business).

DeSantis v. DEUTSCHE BANK TRUST CO. AMERICAS, INC.

501 F. Supp. 2d 593 · District Court, S.D. New York · Aug 14, 2007

in this case, for, as noted earlier, the Plan clearly vests the Bank and the Oversight Committee with discretion to determine eligibility for benefits and to construe the terms of the Plan. … that the Committee applied the 75%-50% formula without considering whether an employee who, like DeSantis, works a full calendar year, a portion of the following year, and is discharged shortly before bonuses are paid, may qualify

Vargas v. ST. Lukes-Roosevelt Hospital Center

District Court, S.D. New York · Jun 1, 2020

Critical to Vargas’s ADA discrimination and failure-to-accommodate claims is the determination of whether the short-term effects of having an appendix removed are sufficient to establish a qualifying disability under the … The lack of evidence of pretext is especially significant in a case like this one — where the employer’s legitimate nondiscriminatory reason is clearly established and well documented.

On Track Innovations Ltd. v. T-Mobile USA, Inc.

106 F. Supp. 3d 369 · District Court, S.D. New York · Apr 3, 2015

The court qualified this in two ways. First, an industry standard may “not provide the level of specificity required to establish that practicing that standard would always result in infringement.” Id. … In lieu of an established rate set by prior licensing agreements, Dr.