Case law

United States v. Matos

781 F. Supp. 273 · District Court, S.D. New York · Dec 30, 1991

Moreover, Matos has failed to establish that he could not with due diligence have discovered this evidence prior to trial. … The direct contradiction between these statements and his present affidavit clearly demonstrates that he was either lying then or that he is lying now.

Worldwide Home Products, Inc. v. Bed, Bath & Beyond, Inc.

74 F. Supp. 3d 626 · District Court, S.D. New York · Feb 11, 2015

Poms is qualified as an expert in the patent prosecution process, having served as both a PTO examiner and a prosecuting attorney. … Poms was clearly as mistaken as the parties and the Court in characterizing the physical hangers pro *634 vided to Mr.

Sookul v. Fresh Clean Threads, Inc.

District Court, S.D. New York · Oct 16, 2024

Aug. 31, 2017) (“All but one of the listed exemplars [in Section 12181(7)] clearly reference physical locations . . . … Establishment 1.d, Merriam-Webster, https://www.merriam-webster.com/dictionary/establishment (emphasis added).

Roselink Investors, L.L.C. v. Shenkman

386 F. Supp. 2d 209 · District Court, S.D. New York · May 19, 2004

Certainly, paying a debt owed by Crown Books in an attempt to avoid bankruptcy qualifies as “general corporate purposes.” … The Court held that the plaintiffs’ fraud claim clearly arose out of or was related to their investment, which was governed by the subscription note containing the forum selection clause, and thus the forum selection clause

Neilan v. Value Vacations, Inc.

603 F. Supp. 1227 · District Court, S.D. New York · Mar 8, 1985

According to the FAA, this regulatory scheme was established “in order to protect travelers and shippers by aircraft operated by (charter operators).” 49 U.S.C. § 1371 (n)(2). … However, Monell in no way qualified Aldinger's holding that the within jurisdictional questions are “statutory as well as constitutional.” Owen Equipment & Erection Co. v.

Greenbaum v. Handelsbanken

67 F. Supp. 2d 228 · District Court, S.D. New York · Sep 8, 1999

To prevail on a Title VII claim, a plaintiff must establish, first, a prima facie case of unlawful discrimination by showing that (1) she is a member of a protected class (2) who was qualified for a position and (3) was denied … The court then reviewed the district court’s findings of discrimination and found them to be clearly erroneous.

Earth Flag Ltd. v. Alamo Flag Co.

153 F. Supp. 2d 349 · District Court, S.D. New York · May 17, 2001

It is well established, however, that the underlying tenets of Feist inform the entire body of copyright jurisprudence. … Clearly, plaintiff seeks to protect the idea of a flag with a photo *358 graph of Earth from space and whose background resembles space’s dark void. 12 There are only a limited number of ways of conveying this idea.

In Re Beacon Associates Litigation

818 F. Supp. 2d 697 · District Court, S.D. New York · Sep 26, 2011

As Ivy points out, the holdings in Veera and In re Enron Corp. are inconsistent with a well-established line of precedent, holding that unincorporated subdivisions of a corporate entity have no legal personality and cannot … Although the profits Plaintiffs seek to recover from Ivy cannot be clearly traced to a particular sum of money or property once clearly in Plaintiffs' possession, they are alleged to result from the improper use of Plaintiffs

In Re Grand Jury Subpoenas Dated March 9, 2001

179 F. Supp. 2d 270 · District Court, S.D. New York · Dec 13, 2001

For example, “[summaries of legislative meetings, progress reports, and general updates on lobbying activities do not constitute legal advice and, therefore, are not protected by the work-product immunity.” P. & B. … Clearly, when the Marc Rich Lawyers were making their lobbying efforts to secure a presidential pardon, they did not have “an eye toward” future civil or administrative proceedings.

In Re WorldCom, Inc. Securities Litigation

352 F. Supp. 2d 472 · District Court, S.D. New York · Jan 18, 2005

To qualify as a “reasonable investigation” of a company’s financial statements under Section 11(b)(3)(B), and establish the affirmative defense of due diligence, the accountant must conduct a GAAS-compliant audit, or in the … The statements on concepts do not establish GAAP, but inform the Board's GAAP pronouncements. 4 .

United States v. Bin Laden

126 F. Supp. 2d 264 · District Court, S.D. New York · Dec 5, 2000

The Court is satisfied that the facts presented here, while perhaps suggestive of an investigation that was driven by multiple motives, clearly establish that the primary purpose of the searches at issue was, from start to … Obviously, reliance on the opinion of [redacted ] counsel does not immunize clearly illegal action. General counsel’s advice is not equivalent to the views of a disinterested magistrate.

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.)

Dames v. Pigott

District Court, S.D. New York · Aug 26, 2019

Section 1983 does not establish substantive rights, but it provides a means of redress for the deprivation of rights established elsewhere. Id. … NYC H&H therefore qualifies as a “municipal corporation,” whose liability under § 1983 is governed by the principles set forth in Monell. Id. (citing Rookard v. Health & Hosps.

Overton v. Art Finance Partners LLC

166 F. Supp. 3d 388 · District Court, S.D. New York · Feb 2, 2016

Additionally, the website provides the following background about the organization: IFAR was established in 1969 to fill a need for an impartial and scholarly body to educate the public about problems and issues in the art … Mem. at 9-10 (stating that “Cerulean is clearly a merchant in art, since it has no business other than the purchase or sale of art,” "Rose clearly holds himself out as an art merchant, as does AFP, which acts as an agent

Gust, Inc. v. AlphaCap Ventures, LLC

226 F. Supp. 3d 232 · District Court, S.D. New York · Dec 8, 2016

Prevailing Party In order to qualify for attorneys’ fees, the party seeking such fees must be a “prevailing party.” 35 U.S.C. § 285 . … Consequently, the Southern District of New York is clearly a more convenient venue than this district.”

Salvani v. ADVFN PLC

50 F. Supp. 3d 459 · District Court, S.D. New York · Sep 23, 2014

However, In-vestorsHub is not obligated by its Terms of Service to remove any content that does not comply with the Terms or other rules of conduct for the site, or that is “otherwise harmful, objectionable, or inaccurate, or clearly … The party asserting subject matter jurisdiction carries the burden of establishing, by a preponderance of the evidence, that jurisdiction exists. Morrison v.

Cuzco v. Orion Builders, Inc.

477 F. Supp. 2d 628 · District Court, S.D. New York · Mar 8, 2007

Regardless of the point he was attempting to illustrate, Khvedelidze stated clearly that those carpenters who worked for Defendants were subject to “almost identical conditions” as Plaintiff, including in aspects of employment … Legal standards and analysis It is well established that district courts may authorize the sending of notice to potential opt-in plaintiffs in appropriate cases where a collective action has been brought under § 216(b) of

H.L. Hayden Co. v. Siemens Medical Systems, Inc.

672 F. Supp. 724 · District Court, S.D. New York · Oct 9, 1987

So long as this is understood, and it clearly is, the customers are not being misled. See Champion Spark Plug Co. v. … This is clearly incorrect.

State of New York v. Shalala

979 F. Supp. 177 · District Court, S.D. New York · Jul 10, 1997

In 1974, Congress established the Office of Federal Procurement Policy (“OFPP”) within OMB. … The State clearly fails to establish a critical requirement for reimbursement under § C.2.e—approval by HHS.

Burka v. New York City Transit Authority

739 F. Supp. 814 · District Court, S.D. New York · Jun 6, 1990

Accordingly, the individual defendants have qualified immunity and cannot be held liable in their personal capacity. See Butz v. … Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978) (qualified immunity when officials do not act maliciously and without reasonable grounds for believing their actions were constitutional); Wood v.