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S&R Development Estates, LLC et al v. Town of Greenburgh, New York et al

MEMORANDUM OF LAW in Opposition re: 140 MOTION to Dismiss Sisters' Counterclaim. . Document

37 Cited authorities

  1. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,518 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,491 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  3. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,439 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  4. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,456 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  5. Arizona v. United States

    567 U.S. 387 (2012)   Cited 925 times   14 Legal Analyses
    Holding a state law that "authoriz[ed] state officers to decide whether an alien should be detained for being removable" was conflict preempted because it "violates the principle that the removal process is entrusted to the discretion of the Federal Government"

  6. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 1,001 times   9 Legal Analyses
    Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"

  7. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,329 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation

  8. Metropolitan Life Ins. Co. v. Massachusetts

    471 U.S. 724 (1985)   Cited 1,517 times   10 Legal Analyses
    Holding that the National Labor Relations Act does not permit “unions and employers to bargain for terms of employment that state law forbids employers to establish unilaterally”

  9. CSX Transportation, Inc. v. Easterwood

    507 U.S. 658 (1993)   Cited 1,040 times   4 Legal Analyses
    Holding state-law excessive speed claims are preempted by 49 C.F.R. § 213.9

  10. Geier v. Am. Honda Motor Co.

    529 U.S. 861 (2000)   Cited 797 times   16 Legal Analyses
    Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 3601 - Declaration of policy

    42 U.S.C. § 3601   Cited 4,043 times   44 Legal Analyses
    Stating the FHA is intended to provide “fair housing throughout the United States”

  13. Section Amendment X - Reserved Powers

    U.S. Const. amend. X   Cited 724 times   1 Legal Analyses
    Reserving power to the States ‘or to the people.’ "

  14. Section 3615 - Effect on State laws

    42 U.S.C. § 3615   Cited 87 times
    Recognizing local authority

  15. Section 1951 - Extinguishment of non-substantial restrictions on the use of land

    N.Y. Real Prop. Acts. Law § 1951   Cited 87 times

    1. No restriction on the use of land created at any time by covenant, promise or negative easement, or created on or after September 1, 1958, by a special limitation or condition subsequent governed by section 1953, shall be enforced by injunction or judgment compelling a conveyance of the land burdened by the restriction or an interest therein, nor shall such restriction be declared or determined to be enforceable, if, at the time the enforceability of the restriction is brought in question, it

  16. Section 18-A - Findings and declarations of policy

    N.Y. Civ. Rights Law § 18-A   Cited 3 times

    1. This article shall be deemed an exercise of the police power of the state for the protection of the welfare, health and peace of the people of this state and the fulfillment and enforcement of the provisions of the constitution of this state concerning civil rights. 2. The practice of discrimination because of race, color, religion, national origin or ancestry in any publicly assisted housing accommodations is hereby declared to be against public policy. N.Y. Civ. RightsLaw § 18-A