Case law

Idaho Potato Commission v. M & M Produce Farms & Sales

35 F. Supp. 2d 313 · District Court, S.D. New York · Jan 22, 1999

The Idaho Code § 22-1202 clearly created and established the IPC as part of the state’s department of self-governing agencies. … The third Mancuso factor, how the IPC is funded, weighs heavily against immunity. The IPC is clearly self-funded by a “tax” that it levies on potatoes. Idaho Code § 22-1211 .

Stambler v. Dillon

302 F. Supp. 1250 · District Court, S.D. New York · Jun 23, 1969

The requirement that the action be taken under color of state law is indispensable to the establishment of a claim for relief. … Section 1985 Section 1985(1) is clearly inapplicable.

Transatlantic Shiffahrtskontor GmBh v. Shanghai Foreign Trade Corp.

996 F. Supp. 326 · District Court, S.D. New York · Mar 13, 1998

Agency or Instrumentality To enjoy immunity from suit under the FSIA, SFTC first must qualify as a “foreign state” within the meaning of that act. 28 U.S.C. § 1603 (a) defines “foreign state” to include “a political subdivision … These allegations do not connect SFTC to the United States, but only establish that it is an international trading company.

Anobile v. Pelligrino

66 F. Supp. 2d 472 · District Court, S.D. New York · Aug 25, 1999

Qualified Immunity Defendants contend that Leveson is entitled to qualified immunity on plaintiffs’ § 1983 claim, because his actions were objectively reasonable. … “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 law

Sebastian-Lathe Co. v. Johnson

110 F. Supp. 245 · District Court, S.D. New York · Nov 29, 1952

in time to give it immunity for that year. … That this was the basis of the decision appears clearly from the part of the Roche’s Beach opinion which supported the result, though not the language, of Sun-Herald Corporation v. Duggan, 2. Cir., 1934, 73 F.2d 298 .

James v. Gage

District Court, S.D. New York · Nov 21, 2019

immunity “because there is no ‘clearly established right’ under the First Amendment for inmates to request medical attention.” … Thus, a constitutional right to request medical attention is not clearly established, and Gage is entitled to qualified immunity. III.

Gerard v. The City of New York

District Court, S.D. New York · Sep 3, 2019

“Government officials performing discretionary functions generally are afforded qualified immunity, and are therefore ‘shielded from liability for civil damages’ when ‘their conduct does not violate clearly established … immunity, the constitutional right at issue must be “clearly established”).

Reaemco, Inc. v. Allegheny Airlines

496 F. Supp. 546 · District Court, S.D. New York · Jul 28, 1980

Chesebroug h Pond’s, Inc., supra, 473 F.Supp. 951 , plaintiff was an established company with long experience in the distribution of musical products. … These “assets” are clearly insufficient to establish preparedness. 5 . For example, in Broadcasters, Inc. v.

Yapalater v. Bates

494 F. Supp. 1349 · District Court, S.D. New York · Jul 30, 1980

I am cited to no case which clearly forecloses it. … “Medical care and services available to eligible persons” includes “services of qualified physicians,” 18 N.Y.C.R.R. § 505.1(1) who must be licensed or qualified as provided in § 505.2(l)(i) (general practitioners) and (ii

Sperry International Trade, Inc. v. Government of Israel

532 F. Supp. 901 · District Court, S.D. New York · Feb 24, 1982

The Court of Appeals expressly stated that it expressed no view as to the other elements that a movant must establish in order to obtain injunctive relief, viz., the merits. … Any award is final according to the terms of the contract. 4 As a final Award on a clearly sever-able issue, it is clearly subject to confirmation by this Court. See, e.g., Puerto Rico Maritime Shipping Authority v.

Lord Day & Lord v. Socialist Republic of Vietnam

134 F. Supp. 2d 549 · District Court, S.D. New York · Mar 27, 2001

under the Foreign Sovereign Immunities Act. … This argument must fail because the Reinsurers have failed to establish their disability.

MMA Consultants 1, Inc. v. Republic of Peru

245 F. Supp. 3d 486 · District Court, S.D. New York · Mar 24, 2017

“Because ‘sovereign immunity protects a sovereign from the expense, intrusiveness, and hassle of litigation, a' court must be circumspect in allowing discovery before the plaintiff has established that the court has jurisdiction … Thus, the Award is clearly relevant, and the Court would be unable to address the Parties’ arguments adequately without it. .

Bendel v. Westchester County Health Care Corp.

112 F. Supp. 2d 324 · District Court, S.D. New York · Aug 17, 2000

immunity as a matter of law. … Simpson, 189 F.3d 284, 286 (2d Cir.1999) (dismissal of civil rights action on grounds of defendant’s absolute and qualified immunity held to be “premature absent development of record”), defendants’ contention that their

Martinez v. City Of New York

District Court, S.D. New York · Jun 25, 2025

Defendant is also not entitled to qualified immunity at this stage of the litigation. … As explained above, the facts as alleged in the PSAC state a violation of this clearly established right.

Rucci v. Thoubboron

68 F. Supp. 2d 311 · District Court, S.D. New York · Oct 5, 1999

Qualified Immunity The doctrine of qualified immunity protects government officials from liability for civil damages if the challenged *327 action “does not violate clearly established statutory or constitutional rights of … immunity on this issue.

Carter v. City of New York

427 F. Supp. 2d 307 · District Court, S.D. New York · Sep 27, 2004

Qualified Immunity Even if there were any doubt as to the existence of probable cause, the individual defendants have properly invoked their entitlement to qualified immunity. … Public officials are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not violate those

Magnaleasing, Inc. v. Staten Island Mall

76 F.R.D. 559 · District Court, S.D. New York · Nov 28, 1977

Since the relevant portions of the settlement agreement in no way relate to trial tactics or material to be used in the defense of the actions brought by the other tenants, they were not protected by the qualified immunity … It is argued that these provisions of the agreement were drafted “in anticipation of litigation” with those other tenants and should be protected with qualified work-product immunity under Rule 26(b)(3).

Vaher v. Town of Orangetown

916 F. Supp. 2d 404 · District Court, S.D. New York · Jan 2, 2013

Qualified Immunity 25 Defendants’ only other argument for dismissal of Plaintiffs Fourth Amendment claim is that the Individual Defendants are entitled to qualified immunity under the Supreme Court’s decision in Harlow v. … that the motion to dismiss should be granted with respect to the Individual Defendants on the basis of qualified immunity.

Scheinberg v. Merck & Co.

924 F. Supp. 2d 477 · District Court, S.D. New York · Jan 7, 2013

I think I can comment on the impact that diabetes might have on the immune system leading to immunocompromised host factors because of my background and my understanding of the immune system, both through rheumatology and … Rather, he will testify that her “bout with [shingles] indicates that her immune system was compromised at the *504 precise time she needed her immune response to assist with the healing from her extraction and the surrounding

Baez v. New York

56 F. Supp. 3d 456 · District Court, S.D. New York · Sep 29, 2014

The abstention doctrines recognized by the Supreme ✓ Court provide an “extraordinary and narrow exception” to this rule for situations where requiring the parties to litigate only in state court “would clearly serve an important … Although Title II of the ADA does, at least in some applications, validly abrogate the states’ sovereign immunity, see Tennessee v.