Case law

Lipkin v. United States Securities & Exchange Commission

468 F. Supp. 2d 614 · District Court, S.D. New York · Dec 22, 2006

Nonetheless, its allegations must be “sufficient to establish liability.” Amron v. Morgan Stanley Inv. Advisors, Inc., 464 F.3d 338, 344 (2d Cir.2006). … In addition, because defendants are entitled at a minimum to qualified immunity from suit, plaintiffs could only recover if the rights at issue were “clearly established” at the time of the .alleged constitutional violations

GRAND RIVER ENTERPRISES SIX NATIONS, LTD. v. King

783 F. Supp. 2d 516 · District Court, S.D. New York · Mar 17, 2011

State Action Immunity Additionally, Defendants are entitled to summary judgment on any and all Sherman Act claims on the basis of state action immunity. In Parker v. … to have diligently enforced its qualifying statute.”

Kaminsky Ex Rel. Estate of Kaminsky v. Rosenblum

737 F. Supp. 1309 · District Court, S.D. New York · May 21, 1990

Thus, the Court must deny defendants Scully’s and Kalonick’s motion for summary judgment for lack of personal involvement. 7 C) Qualified Immunity Qualified or good faith immunity is an affirmative defense to a § 1983 action … “Prison officials may be protected from personal liability under § 1983 when their ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Fox v.

Berkey Photo, Inc. v. Eastman Kodak Co.

74 F.R.D. 613 · District Court, S.D. New York · Jun 1, 1977

Similar thoughts apply in considering how absolute or qualified the privilege should be deemed to be. The answer will vary, of course, with the nature of the materials sought from the lawyer’s files. … Plaintiff argues that, pursuant to 28 U.S.C. § 636 (b), defendant must show that the Magistrate’s ruling is clearly erroneous before this court may reverse it. This is true, of course, with respect to findings of fact.

Thomas v. Beth Israel Hospital Inc.

710 F. Supp. 935 · District Court, S.D. New York · Mar 20, 1989

. § 2254 , and Thomas first must establish jurisdiction under that statute to obtain a federal court order mandating his son’s release. … Judicial Immunity Even if Thomas stated his claims against Judge Bednar with sufficient specificity, dismissal still would be warranted by the doctrine of judicial immunity.

United States v. Ostrer

506 F. Supp. 962 · District Court, S.D. New York · Oct 21, 1980

I turn now to the immunity issue. … In a case such as this, where there are merely vague assertions of taint by defense counsel, there clearly is no legal requirement for the government to turn over all its files to the defendant so that he can conduct a fishing

Liriano v. ICE/DHS

827 F. Supp. 2d 264 · District Court, S.D. New York · Oct 25, 2011

Defendants contend that Officer Flanagan and the other arresting officers are entitled to qualified immunity on any constitutional claims asserted against them. … “When considering a government official’s qualified immunity claim, we ask first whether, ‘taken in the light most favorable to the party asserting the injury, the facts alleged show the officer’s conduct violated a constitutional

Schiller v. City of New York

245 F.R.D. 112 · District Court, S.D. New York · May 23, 2007

An attorney-client relationship may be established in connection with the use of a questionnaire distributed to multiple potential clients. … The NYCLU therefore qualifies in this instance as a journalistic enterprise for purposes of the privilege.

Jackson v. NYS Department of Labor

709 F. Supp. 2d 218 · District Court, S.D. New York · Apr 26, 2010

Sovereign Immunity DOL argues that as a state agency, it is immune from NYSHRL and NYCHRL claims brought against it in federal court. … To prove a prima facie case of disparate treatment a plaintiff must demonstrate that (1) she belonged to a protected class; (2) that she was qualified for her position; (3) that she suffered from an adverse employment action

Brzak v. United Nations

551 F. Supp. 2d 313 · District Court, S.D. New York · Apr 29, 2008

In De Luca , the court rejected the notion that immunity did not apply to U.N. officials’ alleged forgery and other wrongful conduct in the workplace — acts clearly outside the scope of the officials’ job descriptions. … The U.N. has an internal dispute resolution system pursuant to its Charter, which specifies that "the staff [of the U.N.] shall be appointed by the Secretary-General under regulations established by the General Assembly,”

United States v. Khobragade

15 F. Supp. 3d 383 · District Court, S.D. New York · Mar 12, 2014

Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure. 15 In proceedings where a person’s diplomatic status is contested … if the acts charged in the Indictment were not “performed in the exercise of official functions,” then there is currently no bar to a new indictment against Kho-bragade. 31 Khobragade concedes that “[t]he prosecution is clearly

Hungarian People's Republic v. Cecil Associates, Inc.

118 F. Supp. 954 · District Court, S.D. New York · Dec 29, 1953

The Government of Hungary in this instance has again clearly failed to live up to the accepted standards of international practice with regard to the right of consular officers to exercise protective functions in behalf of … maintained is friendly or otherwise. 3 The motion to dismiss the four coun< terclaims of the answer herein is granted to the extent that the same shall be deemed as a set-off limited to the claim, if any, to which plaintiff may establish

Texas Trading & Milling Corp. v. Federal Republic of Nigeria

500 F. Supp. 320 · District Court, S.D. New York · Aug 18, 1980

On April 23, 1975, the Central Bank of Nigeria [“Central Bank”], which is an “agency or instrumentality of a foreign state” within the meaning of the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. § 1603 (b), established … are not immune.

Sassower v. Mangano

927 F. Supp. 113 · District Court, S.D. New York · May 21, 1996

Under the doctrine of quasi-judicial immunity, absolute immunity extends to administrative officials performing discretionary acts of a judicial nature. See Cleavinger v. … In addition, because state bar disciplinary proceedings are clearly judicial in nature, see Middlesex County Ethics Comm. v.

Fowler v. Vincent

452 F. Supp. 449 · District Court, S.D. New York · Jun 6, 1978

452 immunity. … Although no allegation to this effect is made clearly in the complaint, Fowler also asserts in his answer to the motion that he should have been accorded the full range of due process rights set out in Morrissey v.

Pellman v. Cinerama, Inc.

503 F. Supp. 107 · District Court, S.D. New York · Nov 7, 1980

Otherwise, officers and directors would be immune from federal liability whenever their misconduct also happened to violate state-law fiduciary duties. … Federal courts should invoke state appraisal proceedings as an exclusive remedy only when a complaint is clearly limited to state-law fiduciary claims.

Finnegan v. Berben

District Court, S.D. New York · Jun 29, 2022

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity shields a defendant from standing trial or facing other burdens of litigation “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the

Goethe House New York, German Cultural Center v. National Labor Relations Board

685 F. Supp. 427 · District Court, S.D. New York · Jun 7, 1988

activity exception to immunity under 28 U.S.C. §§ 1603 (d), 1605(a)(2). … Compare cases in this Circuit and elsewhere which have applied the "commercial activity” exception to defeat immunity in contexts clearly "commercial” in totality: State Bank of India v.

Bowes v. Commission to Investigate Allegations of Police Corruption

330 F. Supp. 262 · District Court, S.D. New York · May 14, 1971

What his motion asks the court to do is to render an advisory opinion as to the scope of the immunity protection * * *, if immunity is hereafter offered him, and as to the constitutionality of such a grant of immunity. … Since the Commission has asked these officers no questions, it has not been established what the function of the Commission ultimately is.

Pineda

District Court, S.D. New York · Mar 30, 2026

Neither Arroyo nor LaMonica Are Entitled to Qualified Immunity With Pineda’s claims against Imperati dismissed, the Court next assesses Defendants’ contention that Arroyo and LaMonica are entitled to qualified immunity … Accordingly, neither Arroyo nor LaMonica are entitled to qualified immunity. VII.