Case law

United States v. Madoff

586 F. Supp. 2d 240 · District Court, S.D. New York · Jan 12, 2009

Furthermore, in making this determination, the Court must consider a set of four factors established by Congress. See 18 U.S.C. § 3142 (g). … Indeed, the force of the Government’s argument would not be materially diminished if the value were less than suggested unless the value clearly was negligible. 6 .

Zaerpour v. Bank of America Corporation

District Court, S.D. New York · May 3, 2023

The district court adopted the Magistrate Judge’s recommendation to dismiss the action on the grounds that the FBI is entitled to sovereign immunity and has discretion in determining whether to initiate a prosecution. … Plaintiff also discusses his Baha’i faith, which seeks “the unification of mankind” and the establishment of world peace.4 (Id. at 6.)

Federal Treasury Enterprise Sojuzplodoimport v. Spirits International B.V.

61 F. Supp. 3d 372 · District Court, S.D. New York · Nov 24, 2014

FTE is the exclusive holder of the trademarks pursuant to Decree 69 and the Assignment, qualifying as an “assign” under the Lan-ham Act, and has standing. … I am somewhat uncomfortable telling a foreign government that a validly enacted decree cannot achieve the result that was clearly intended by its passage.

Herbert v. Ginty

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

Goord, 320 F.3d 346, 351 (2d Cir. 2003) (“[A]n isolated incident of mail tampering is usually insufficient to establish a constitutional violation.”); Washington v. … Plaintiff therefore qualifies as indigent. Plaintiff asserts a religious discrimination claim and an unconstitutional conditions of confinement claim.

McGuire v. Heckler

589 F. Supp. 718 · District Court, S.D. New York · Jul 9, 1984

As our Court of Appeals has recently noted: The ... cases [in this Circuit] establish a sequence, and in effect posit an analytical framework, which the AU should follow. … McGuire clearly explained that the fact that her disease was “controlled” signified only that her condition had not worsened. She contended her treatment would not cure her disorder.

Kamerman v. Steinberg

113 F.R.D. 511 · District Court, S.D. New York · Sep 9, 1986

This is clearly distinguishable from the instant case where defendants garnered a substantial profit from their resale of Disney stock. *515 Defendants also argue that the newspaper articles relied upon by plaintiffs in the … Thus, defendants have failed to establish that plaintiff Brown has not demonstrated sufficient diligence to represent the plaintiff class.

Hojgaard & Schultz v. Transamerican Steamship Corp.

590 F. Supp. 916 · District Court, S.D. New York · Jul 18, 1984

Furthermore, the Supreme Court has held that the bill of lading governs where cargo is to be stowed and the terms of a separate freight agreement such as the booking note in this case has no qualifying effect. See St. … After considering all of the evidence of damage, I find that plaintiffs’ claim of approximately $78,000.00 in repair costs is clearly less than the diminution in the market value of the damaged units.

Santiago v. Barnhart

441 F. Supp. 2d 620 · District Court, S.D. New York · Jul 27, 2006

To discount Malinowska’s opinion that Santiago’s depression qualifies as a disability under 20 C.F.R. Pt. 404, Subpt. … Remand is appropriate when the ALJ does not clearly spell out his reasons for discounting the treating physician’s opinion. See Halloran, 362 F.3d at 33 .

National Day Laborer Organizing Network v. United States Immigration & Customs Enforcement Agency

827 F. Supp. 2d 242 · District Court, S.D. New York · Dec 7, 2011

I wrote, “I am unable to determine why the memorandum was written, and — of particular import for assessing whether it qualifies for protection under the deliberative process — whether it was written to justify an already … On this issue, the parties disagree as to who bears the burden of proof. 65 It is well established that the party claiming the attorney-client privilege “bears the burden of establishing its essential elements,” 66 including

Peralta

District Court, S.D. New York · Oct 29, 2025

A liver infection may qualify as a sufficiently serious medical condition. See, e.g., Pruitt v. Lewy, No. 02-CV-08559, 2007 U.S. Dist. LEXIS 101428, at *18 (S.D.N.Y. … Even in the light most favorable to plaintiff, the complaint does nothing to establish an intent to deprive him of . . . treatment.

Wausau Insurance v. Argonaut Insurance

678 F. Supp. 1080 · District Court, S.D. New York · Feb 19, 1988

An examination of several leading dictionaries reveals that while the compensation received by Pelzer may be “nominal,” it is clearly not incidental. … Because Pelzer’s compensation was not “incidental,” he does not qualify as a volunteer and is not entitled to coverage under Argonaut’s policy. In addition, Argonaut’s laches defense bars any claim.

ABF Capital Management v. Askin Capital Management, L.P.

957 F. Supp. 1308 · District Court, S.D. New York · Jan 24, 1997

No cautionary statements can immunize the defendants if they knew or recklessly disregarded that these representations were false at the time they were made. See In re First Amer. Ctr. Secs. … ACM, which had a direct relationship with the Plaintiffs, clearly has an affirmative duty to disclose such information, and its failure to do so constitutes a primary fraud upon which an aiding and abetting claim can be based

Keller Foundations, LLC v. Zurich American Insurance Co.

252 F. Supp. 3d 319 · District Court, S.D. New York · May 4, 2017

It alleges that Diaz’s claim against Zurich was outside the scope of the Policy’s coverage, because Diaz did not qualify as an additional insured under the Policy and because Diaz’s claims against Zurich did not arise out … Without more clearly pled facts, the Court cannot determine whether Zurich in fact has raised its premiums as a result of its decision to settle with Diaz, and if so, whether that action is plausibly pled to have breached

National Ass'n of Tobacco Outlets, Inc. v. City of New York

27 F. Supp. 3d 415 · District Court, S.D. New York · Jun 18, 2014

These methods clearly constitute a manner in which tobacco manufacturers and retailers advertise and promote their products. … See National Association of Tobacco Outlets, 731 F.3d at 80 (discussing requirements to qualify for § 1334(c), the exception to the preemption provision).

BWP Media USA, Inc. v. Gossip Cop Media, Inc.

196 F. Supp. 3d 395 · District Court, S.D. New York · Jul 20, 2016

“Instead, ... to qualify as a fair use, a new work generally must alter the original with ‘new expression, meaning, or message.’ ” Id. (quoting Campbell, 510 U.S. at 579 , 114 S.Ct. 1164 ). … In sum, Defendant’s infringement of the Ross Image was willful; and while its infringement of the Kun-is/Kutcher and Pattinson Images was perhaps not clearly willful, but neither was it innocent.

Kall v. Peekskill City School District

District Court, S.D. New York · May 19, 2020

At this stage, the issue of qualified privilege cannot be resolved. See Boyd v. Nationwide Mut. Ins. … Fourth, both the Whitsons Defendants and Kaplan invoke the qualified privilege defense. As above, the Court will not dismiss this claim on the basis of the qualified common-interest privilege defense at this stage.

Stadt v. Fox News Network LLC

719 F. Supp. 2d 312 · District Court, S.D. New York · Jun 22, 2010

qualitatively different, we look at “what [the] plaintiff seeks to protect, the *318 theories in which the matter is thought to be protected and the rights sought to be enforced.” 30 The court takes a “restrictive view” of what qualifies … Unjust Enrichment In alleging that Fox was unjustly enriched through its unauthorized use of the Video, Stadt seeks to vindicate a right clearly within the general scope of the Copyright Act — namely, the exclusive right

Gaughan v. Rubenstein

261 F. Supp. 3d 390 · District Court, S.D. New York · Jul 11, 2017

And, while pro se parties are, as always, treated leniently in making objections, their objections to a Report “must be specific and clearly aimed at particular findings.” Id. … FLSA Enterprise Coverage In opposition to Plaintiffs motion to amend, Radwan argues that Plaintiffs proposed FLSA claims against her are futile because Radwan’s law practice does not generate enough income to qualify as an

United Nations Korean Reconstruction Agency v. Glass Production Methods, Inc.

184 F. Supp. 51 · District Court, S.D. New York · May 26, 1960

UNKRA, evidently satisfied that it was dealing with an experienced and fully qualified organization, then actively negotiated with McCandless the terms of a survey contract. … International, while “relieved” of any obligation under Title I, was clearly recognized as the principal for the performance of the construction, procurement and supervision.

Shamis Ex Rel. Wishbone Trading Co. v. Ambassador Factors Corp.

34 F. Supp. 2d 879 · District Court, S.D. New York · Jan 27, 1999

The appropriateness of a given sanction is not guided by any clearly defined rule or doctrine but should be just, in accordance with the terms of Rule 37(d), and should serve the guidelines outlined in Update Art, Inc. v. … “The 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.” Rodriguez v.