Case law

France v. Thermo Funding Co.

989 F. Supp. 2d 287 · District Court, S.D. New York · Nov 12, 2013

("It appears to me that the powers lodged in the beneficial shareholders of Fidelity — the powers to elect and remove trustees, to vote on major trust investments, to amend the terms of the trust, and to terminate it — clearly … If they are personally qualified by their citizenship to bring suit in the Federal courts, the jurisdiction is not defeated by the fact that the parties whom they represent may be disqualified.”). .

Ansoumana v. Gristede's Operating Corp.

201 F.R.D. 81 · District Court, S.D. New York · May 24, 2001

Kvortek, 865 F.Supp. 264, 272 (W.D.Pa.1994) (commenting on unduly harsh result, and noting that, post-Fm ley, “no pendent party jurisdiction could be asserted unless Congress clearly provided for it”). … With the enactment of Section 1367, Congress eliminated the pendent-party restriction established in Finley .

Dolco Investments, Ltd. v. Moonriver Development, Ltd.

486 F. Supp. 2d 261 · District Court, S.D. New York · Apr 26, 2007

for the Unification of Certain Rules Relating to Arrest of Sea-going Ships (Brussels, May 10, 1952), and those remaining amounts which represented expenditures unrelated to the operations of the vessel, determined not to qualify … Furthermore, such an action is clearly within the admiralty jurisdiction of the Court, as Defendants effectively concede in their reply brief (Def. Reply at 3). See Archawski v.

Valentini v. Citigroup, Inc.

837 F. Supp. 2d 304 · District Court, S.D. New York · Dec 27, 2011

Because the complaint does not clearly show that Plaintiffs learned of the facts establishing a strong inference of Defendants’ scienter before February 28, 2009, we deny Defendants’ *323 motion to dismiss the § 10(b) claim … We are therefore confronted with a question that thus far no court appears to have addressed: does a transaction in securities that may, under certain circumstances, convert into domestically-traded stock qualify as a “transaction

Costabile Ex Rel. Costabile v. County of Westchester

485 F. Supp. 2d 424 · District Court, S.D. New York · Apr 25, 2007

Plaintiffs' allegations are clearly sufficient. See Black v. … To establish a prima facie case of disability discrimination under NYSHRL, a plaintiff must establish that he was otherwise qualified to perform the essential functions of the position, with or without a reasonable accommodation

Healey v. Chelsea Resources Ltd.

736 F. Supp. 488 · District Court, S.D. New York · Apr 24, 1990

Field outlined the basic terms of the placement, went over highlights of the Wong and Westoll reports, emphasized that the Westoll report was made by a qualified independent geologist, and stated that the mine would be in … Despite plaintiff’s lack of inquiry, the fact that the mine and mill could not operate during a portion of the year is clearly a material fact which should have been disclosed. 12 IV.

Pepsico, Inc. v. W. R. Grace & Co.

307 F. Supp. 713 · District Court, S.D. New York · Dec 29, 1969

Is it not like a party claiming a color is white and refusing to comment on the photograph submitted in opposition which quite clearly shows the color to be green? … Hammond, 8 F.R.D. 457 (D.Mass.1948), the court held that the fraud must have been practiced prior to or contemporaneously with the purchase or sale in order to come within the qualifying phrase “in connection with.”

Arista Records LLC v. Usenet. Com, Inc.

608 F. Supp. 2d 409 · District Court, S.D. New York · Jan 26, 2009

Under the Daubert standards, a court must first determine whether the expert is qualified to testify. See Zaremba v. Gen. … Rule 702, states that an expert must be qualified “by knowledge, skill, experience, training, or education.”

McClain v. United States

478 F. Supp. 732 · District Court, S.D. New York · Sep 28, 1979

At the time of petitioner’s sentencing, the relationship between §§ 2113(d) and 924(c) had not been clearly established. The first two circuits to confront the problem found that they were not duplicitous. Perkins v. … Grimes establishes a firm rule to guide future prosecutorial action.

McDonald v. Pension Plan of the NYSA-ILA Pension Trust Fund

153 F. Supp. 2d 268 · District Court, S.D. New York · Mar 29, 2001

While the ninth claim is pled as a class claim, the declaratory relief requested can clearly be provided without considering class certification. … Some beneficiaries who qualify receive benefits according to the old SRP schedule if those benefits are greater than those provided by the VRP. Id.

Slevin v. United States

71 F. Supp. 2d 348 · District Court, S.D. New York · Nov 3, 1999

Petitioner’s Evidence Does Not Establish Deficient Performance Petitioner’s allegations, if true, clearly meet the standard for relief set forth in Boria and Gordon . … Day, 969 F.2d 39, 45-46 (3d Cir.1992) (remanding for an evidentiary hearing and stating that a defense attorney’s corroboration "might qualify as sufficient confirming evidence”).

Carr v. Health Insurance Plan of Greater New York, Inc.

111 F. Supp. 2d 403 · District Court, S.D. New York · Aug 31, 2000

The papers Carr submitted in support of his 1996 action clearly show that he was aware at least 57 other doctors were allegedly being treated differently than he was. … In its entirety, it consists of the following sentence: “I applied for the consulting specialist position was qualified for it, and *414 was denied the opportunity because of my race.” Carr Mar. 6 Aff. ¶ 27.

Vails v. Police Dept. of City of New York

54 F. Supp. 2d 367 · District Court, S.D. New York · Jul 15, 1999

On April 19, 1996, the District Director of the EEOC concluded “that the evidence ... does not establish violations of [Title VII].” (DX B). 2. … Indeed, defendants have demonstrated convincingly that Vails was not competent and that she was not qualified to be a police officer.

Norwich Union Fire Insurance Society Ltd. v. Lykes Bros. Steamship Co.

741 F. Supp. 1051 · District Court, S.D. New York · Jun 15, 1990

“[W]hen the bill of lading does not clearly indicate an alternative number of packages, the container must be treated as a COGSA package if it is listed as a package in the bill of lading and if the parties have not clearly … The bill of lading and tariff thus unambiguously establish that the actual freight unit used by the parties for the oceangoing portion of the carriage was “per container.”

Brown v. Orange & Rockland Utilities, Inc.

594 F. Supp. 2d 382 · District Court, S.D. New York · Jan 21, 2009

The Second Circuit has held that, under principles of agency law, an employer will be charged with knowledge of harassment when a) the official is at a sufficiently high level in the company’s management hierarchy to qualify … Brown has adduced no evidence linking Bonne’s alleged (and, if true, clearly discriminatory) behavior to Pfeil’s alleged behavior. 4 .

Brandeis Intsel Ltd. v. Calabrian Chemicals Corp.

656 F. Supp. 160 · District Court, S.D. New York · Jan 5, 1987

The LME was first formally established in 1877. It performs the basic functions of a commodities exchange. … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

Androse Associates of Allaire, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.)

472 B.R. 666 · District Court, S.D. New York · May 8, 2012

It is well established that the question of whether an unexpired lease should be assumed and on what terms is one of business judgment. See, e.g., Grp. of Institutional Investors v. Chicago, Milwaukee, St. Paul & Pac. … Appellant argues that Appellees have failed to distinguish cases in which courts looked to other factors to determine what qualifies as adequate assurance. (See Appellant’s Reply Br. 9.)

US VC Partners GP LLC v. United States Department of the Treasury, Office of Foreign Assets Control

District Court, S.D. New York · Sep 17, 2020

Clearly there is an important public and governmental interest in ensuring that SDN-owned properties and entities are blocked, and sanctions are upheld. … This Court declines to act as an alternative route by which Plaintiffs may circumvent procedures established for the specific purpose of addressing these concerns.

Cayetano v. Federal Express Corporation

District Court, S.D. New York · Jul 6, 2022

The written job description clearly states this requirement. ECF No. 51-4. … that, at least with the aid of some identified accommodation, she was qualified for the position at issue.”

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.