Case law

Aerotrade, Inc. v. Republic of Haiti

376 F. Supp. 1281 · District Court, S.D. New York · May 24, 1974

Throughout the letter there are descriptions of material delivered and to be delivered which clearly are for armed forces, including naval patrol boats, weapons, pistols, revolvers, grenades, machine guns, cannons, armored … Once that fact is established it is largely irrelevant how the equipment was used after its delivery.

Baez v. New York State Office of Temporary and Disability Assistance

District Court, S.D. New York · Mar 28, 2025

“Qualified immunity was created to shield government officials from civil liability for the performance of discretionary functions so long as their conduct does not violate clearly established statutory or constitutional … qualified immunity).

Kuriakose v. City of Mount Vernon

41 F. Supp. 2d 460 · District Court, S.D. New York · Mar 5, 1999

Defendants also move for qualified immunity for the police officers. … In our circuit, “[a] qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not

United States v. Buck

690 F. Supp. 1291 · District Court, S.D. New York · Jul 6, 1988

In other words, recognition by the executive branch — not to be second guessed by the judiciary — is essential to establishing diplomatic status.” 741 F.2d at 15. … present in a claim of diplomatic immunity.

Doron Precision Systems, Inc. v. FAAC, INC.

423 F. Supp. 2d 173 · District Court, S.D. New York · Mar 23, 2006

In order to receive Parker immunity, a state subdivision must establish that it acted *188 “pursuant to a clearly expressed state policy” to displace competition. See Town of Hallie v. … Given the language of the NYCTA enabling statute, this action was clearly foreseeable to, and therefore clearly authorized by, the New York legislature.

Enigma Software Group USA, LLC v. Bleeping Computer LLC

194 F. Supp. 3d 263 · District Court, S.D. New York · Jul 8, 2016

ESG does not dispute that Bleeping is an ICS under the statute, and websites clearly so qualify. 7 Nor does it dispute that its state-law claims — defamation and trade libel — “clearly seek to hold [Bleeping] liable as [a … As to ESG’s second argument, it is well established that', for an ICS to enjoy immunity under CDA § 230, a different ICP must have provided the complained-of information — the statute does “not immunize [defendants] with

Morris v. People's Republic of China

478 F. Supp. 2d 561 · District Court, S.D. New York · Mar 21, 2007

Foreign Sovereign Immunity Until 1952, the United States held the official view that foreign sovereigns were absolutely immune from suits in the courts of the United States. … See Weltover, 941 F.2d at 151 (“the issuance of debt instruments ... is clearly commercial”); Shapiro v.

Pedro Pablo Blanco F. v. Banco Industrial de Venezuela

141 B.R. 25 · District Court, S.D. New York · Apr 2, 1992

The loan agreement explicitly provided that sovereign or other immunity was waived, but it did not make New York the sole or exclusive situs for litigation, nor did it contain waivers other than with respect to immunity. … To exercise that discretion to retain matters involving almost exclusively events in Venezuela governed by Venezuelan law would run contrary to the policy established by Congress in enacting 28 U.S.C. § 1367 in 1990 which

National Railroad Passenger Corp. v. City of New York

695 F. Supp. 1570 · District Court, S.D. New York · Oct 4, 1988

Tax Immunity Under the doctrine of sovereign tax immunity, federal and state governments are immune from taxation by each other. This rule, established by the Supreme Court in McCulloch v. … Yet rent is clearly voluntary payment in return for benefits conferred.

Keitt v. New York City

882 F. Supp. 2d 412 · District Court, S.D. New York · Sep 29, 2011

Plaintiffs have also been allowed to avoid the exhaustion requirement when the complaint alleges that a school has failed to implement services that were clearly stated in an IEP. Polera v. … In order to establish a violation under the ADA, a plaintiff must demonstrate that: (1) he is a qualified individual with a disability; (2) the defendants are subject to the ADA; and (3) he was denied the opportunity to participate

Matar v. Dichter

500 F. Supp. 2d 284 · District Court, S.D. New York · May 2, 2007

To qualify as an agency or instrumentality, an entity must be: (1) “a separate legal person, corporate or otherwise”; (2) “an organ of a foreign state”; and (3) “neither a citizen of a State of the United States ... nor created … Although the Second Circuit “has not clearly addressed” the issue of whether the FSIA applies to individuals, Kensington Int’l Ltd. v.

Dale v. Hahn

311 F. Supp. 1293 · District Court, S.D. New York · Mar 26, 1970

Pious, 392 F.2d 67, 72 (2d Cir. 1968) is controlling and establishes that, assuming plaintiff presents a substantial question, she has no cause of action under § 1983: “To qualify under § 1983 the right sought to be enforced … protection of the common law immunities.

Palm

District Court, S.D. New York · Dec 12, 2025

Qualified immunity shields government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … “A qualified immunity defense is established if (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action did not violate such

Battipaglia v. New York State Liquor Authority

583 F. Supp. 8 · District Court, S.D. New York · Sep 27, 1982

antitrust immunity: First, the challenged restraint must be “one clearly articulated and affirmatively expressed as state policy”; second, the policy must be “actively supervised” by the State itself. … Intrastate regulation of alcoholic beverages is clearly an area of regulation entrusted to the states. See U.S. Const, amend. XXI.

995 Fifth Avenue Associates, L.P. v. New York State Department of Taxation & Finance (In Re 995 Fifth Avenue Associates, L.P.)

127 B.R. 533 · District Court, S.D. New York · May 17, 1991

There are, however, well established exceptions to the reach of the Eleventh Amendment and the doctrine of sovereign immunity. … With respect to the Vermont land gains tax qualifying as a State income tax within the meaning of section 164(a)(3) cf the Code, the Revenue Ruling distinguishes the land gains tax from Federal income taxes, stating that

Viacom, Inc. v. Sumitomo Corp.

200 F.R.D. 213 · District Court, S.D. New York · Apr 30, 2001

If the Privilege Log was insufficient, the additional information provided to the Court clearly establishes the sufficiency of RLM’s claims for purposes of Rule 45(d). … Here, RLM and Sumitomo clearly shared a common interest.

New York v. United Parcel Service, Inc.

160 F. Supp. 3d 629 · District Court, S.D. New York · Feb 8, 2016

Law § 63(12) clearly *654 empowers the NYAG to seek penalties where an underlying statute, such as PHL § 1399 — 11, provides for such penalties. … tax on their nations’ or tribes’ qualified reservations.

N.C. Ex Rel. M.C. v. Bedford Central School District

348 F. Supp. 2d 32 · District Court, S.D. New York · Aug 27, 2004

Schluter should be dismissed on the grounds of qualified immunity; and (4) that the District is not liable, first, because the Plaintiffs fail to allege a violation of a policy or custom and, second, because liability does … Marsh, 105 F.3d 106 (2d Cir.l997)(recognizing the existence of a clearly established constitutional confidentiality-based right to privacy which precluded the state from disclosing that plaintiffs had HIV); Doe v.

Wagschal v. Skoufis

District Court, S.D. New York · Mar 3, 2020

Defendant further claims that his actions are protected by qualified immunity, since it was objectively reasonable for him to believe that his actions were not in violation of clearly established law when he blocked Wagschal … ’s qualified immunity defense.

Hoang Ngoc Can v. United States

820 F. Supp. 106 · District Court, S.D. New York · Apr 30, 1993

“The law is well established that a foreign government that is not recognized by the United States may not maintain suit in state or federal court.” Republic of Vietnam v. … Administration may very soon establish diplomatic relations with the Hanoi regime.” See Affidavit of Mac Truong, Esq., dated February 18, 1993, ¶ 6 & Ex.