Case law

New York Times Co. v. United States Department of Justice

915 F. Supp. 2d 508 · District Court, S.D. New York · Jan 3, 2013

Johnson posited that “belligerents who also happen to be U.S. citizens do not enjoy immunity where non-citizen belligerents are valid military objectives.” 13 Sixth, Mr. … To qualify for the deliberative process privilege, an agency record must be “predecisional” and “deliberative.” Grand Cent. P’ship, 166 F.3d at 482 (citing Renegotiation Bd. v.

Picard v. Kohn

907 F. Supp. 2d 392 · District Court, S.D. New York · Feb 22, 2012

Choosing an example at random, the SAC alleges that UniCredit established, three insurance companies in Liechtenstein, SAC ¶498. … Nonetheless, the creation and funding of companies does not qualify as a predicate offense under RICO.

Febres v. City of New York

238 F.R.D. 377 · District Court, S.D. New York · Sep 22, 2006

NYPD Juvenile Reference Manual).) 10 In *385 the absence of any allegation that these confidentiality measures are being disregarded by the police, the execution and maintenance of Juvenile Reports can hardly be said to qualify … (See Cuevas Stip. at 7) (“[T]he Regulations of the Police Department shall be amended to provide clearly for (a) the notification of parents and guardians ...

Enhanced US LLC v. World Aquatics, et al.

District Court, S.D. New York · Nov 17, 2025

Accordingly, Enhanced’s antitrust claims clearly “arise out of or relate to” these allegations. Ford, 592 U.S. at 359. … government are immunized from antitrust scrutiny under the Noerr-Pennington doctrine and therefore cannot count towards jurisdictional analysis.

Securities & Exchange Commission v. Forma

117 F.R.D. 516 · District Court, S.D. New York · Oct 23, 1987

Forma’s sale of his own stock—are clearly personal rather than corporate matters. Both Mr. Forma and Mr. Tucker understood that they had established an attorney-client relationship. … Otherwise, a claim of reliance on counsel would be immune from a showing that, in fact, the defendant had received overwhelming advice to the contrary. However, in light of the validity of Mr.

Genesco Entertainment, a Div. of Lymutt v. Koch

593 F. Supp. 743 · District Court, S.D. New York · Aug 17, 1984

Private transactions not of a recurring nature or without ramifications for the public at large are not a proper subject of Commission inquiry. 46 The nature of the instant transaction clearly places it outside the purview … Fact Concerns, Inc., 453 U.S. 247, 271 , 101 S.Ct. 2748, 2762 , 69 L.Ed.2d 616 (1983) (municipality possesses absolute immunity from claims for punitive damages). 58 . Monell v.

Gonzalez Y Barredo v. Schenck

287 F. Supp. 505 · District Court, S.D. New York · Jul 16, 1968

On March 6,1961, the Chase Manhattan Bank qualified as Executor of the New York will. The New York settlement under which Mrs. … However, on matters of foreign law the opinion of a highly qualified witness should be given great weight.

Scott Fleming v. The City Of New York

District Court, S.D. New York · Feb 9, 2023

Oct. 22, 1996) (“[S]ince the proof required to establish a Monell claim is substantially different from the proof necessary to establish individual liability, the most prudent course is to try the Monell claims separately … Therefore, the City may be subject to Monell liability even if Plaintiff cannot establish individual defendant liability, whether that be due to individual defendant qualified immunity, an untimely suit against

In re Frigitemp Corp.

27 B.R. 264 · District Court, S.D. New York · Jan 14, 1983

We note that even if the Government was not immune to a claim of laches, the facts here do not support invocation of the doctrine. … More importantly, however, Davis has failed to establish the type of prejudice that would support a *273 claim of laches.

Robles v. Holy See (State of Vatican City The Vatican)

District Court, S.D. New York · Jan 28, 2022

WHEREAS the Court directed Plaintiff to seek leave to file an amended complaint not later than January 20, 2022, see id. at 31; WHEREAS the Court clearly … stated in the Opinion that, “[s]hould Plaintiff seek leave to file an amended complaint, in order to establish subject-matter jurisdiction that amended complaint must plead sufficient facts from which the Court can reasonably

Thomas v. John Doe

District Court, S.D. New York · Feb 9, 2022

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states’ Eleventh Amendment immunity when acting pursuant … To that point, it is well-settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v.

In re Initial Public Offering Securities Litigation

227 F.R.D. 65 · District Court, S.D. New York · Oct 13, 2004

In the Fourth Circuit, a preliminary injunction may be granted only where the court finds that “the moving party clearly establishes entitlement to the relief sought.” Hughes Network Sys. Inc. v. … He is clearly qualified to serve as plaintiffs’ Engage section 11 class representative. See infra Part IV.B.4.

Ballentine

District Court, S.D. New York · Feb 13, 2026

To the contrary: "District courts have consistently declined to find that such conduct qualifies as state action." Megginson v. Bridge, Inc., 2021 WL 6064409, at *2 (S.D.N.Y. … -Presbyterian Hosp., 455 F.3d 118, 123 (2d Cir. 2006) (reversing district court decision to retain supplemental jurisdiction over state law claims after dismissing federal claim, citing "the absence of a clearly articulated

Reinhardt v. Massachusetts Department of Social Services

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.

Fay v. Barbera

District Court, S.D. New York · Oct 18, 2024

Plaintiff alleges she was better qualified than the male candidate and that Barbera’s promoting the male candidate was intentional gender-based discrimination. … A “properly pled Monell claim establishes a ‘direct causal link between a municipal policy or custom and the alleged constitutional deprivation.” Barrett v. City of Newburgh, 720 F.

Utkor v. McElroy

930 F. Supp. 881 · District Court, S.D. New York · Apr 11, 1996

There can be little doubt but that execution would qualify as “disproportionate punishment” for refusing conscription. … The cases relied on by petitioners in their briefs are clearly distinguishable from the case at bar. Rivas-Martinez v.

Perez v. Lavine

412 F. Supp. 1340 · District Court, S.D. New York · Mar 29, 1976

Although persons eligible for AFDC are automatically eligible for medicaid, persons who do not qualify for welfare assistance may nevertheless still qualify for medicaid. See 45 C.F.R. § 206.10 (a)(l)(iv)(c). … Clearly the DSS should not rely on the initiative and diligence of the Legal Aid Society and Legal Services offices to cure its own deficiencies.

Thomas v. DeCastro

District Court, S.D. New York · Dec 1, 2021

immunity because his issuance of the misbehavior report was objectively reasonable in light of clearly established law; and (4) that, in any event, Plaintiff’s claim for mental or emotional injuries must be dismissed … As such, the Court declines to address Defendant’s arguments that Defendant is entitled to qualified immunity and that Plaintiff’s claim for mental or emotional injuries must be dismissed for failure to demonstrate physical

Just Bagels Manufacturing, Inc. v. Mayorkas

900 F. Supp. 2d 363 · District Court, S.D. New York · Oct 24, 2012

-750” or “labor certification”) with the Department of Labor (“DOL”) and obtain DOL certification of two preconditions to the visa’s issuance: (1) that there are insufficient persons in the United States “able, willing, qualified … wage ... at the time the priority date was established.”

McGucken v. Shutterstock, Inc.

District Court, S.D. New York · Sep 30, 2023

Yet Plaintiff “has not come close to establishing that there is a broad consensus among copyright owners and service providers that preserving metadata should be” considered a “standard technical measure.” … Second, Plaintiff cannot establish that Defendant had any scienter, let alone double scienter.