Biswanath Halder v. Avis Rent-A-Car Sys., Inc., 541 F.2d 130 (2d Cir. 1976). · Go Syfert
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Biswanath Halder v. Avis Rent-A-Car Sys., Inc., 541 F.2d 130 (2d Cir. 1976). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 1990 · …stands a strong chance of proving the alleged statutory violation, at p. 131 ⚠ not in text
10 citation events (3 in the last 25 years) across 4 distinct courts.
Strongest positive: Lever Bros. Co. v. Mattel, Inc. (nysd, 1985-05-20)
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Lever Bros. Co. v. Mattel, Inc.
S.D.N.Y. · 1985 · confidence medium
Haider v. Avis Rent-a-Car System, Inc., 541 F.2d 130, 131 (2d Cir.1976).
cited Cited as authority (rule) Patterson v. UNITED FEDERATION OF TCHRS., ETC.
S.D.N.Y. · 1979 · confidence medium
Halder v. Avis Rent-A-Car, 541 F.2d 130, 131 (2d Cir. 1976); Exxon Corp. v. City of New York, 480 F.2d 460, 464 (2d Cir. 1973).
cited Cited as authority (rule) Patterson v. United Federation of Teachers Local No. 2
S.D.N.Y. · 1979 · confidence medium
Haider v. Avis Rent-A-Car, 541 F.2d 130, 131 (2d Cir. 1976); Exxon Corp. v. City of New York, 480 F.2d 460, 464 (2d Cir. 1973).
cited Cited "see, e.g." Johnson v. New York State Division of Human Rights
D. Conn. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Halder v. Avis Rent-A-Car Sys., Inc., 541 F.2d 130, 131 (2d Cir. 1976) (plaintiff asserting discrimination must do more than allege he was not hired); Huff v. W.
cited Cited "see, e.g." Johnson v. Chumsky
D. Conn. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Halder v. Avis Rent-A-Car Sys., Inc., 541 F.2d 130, 131 (2d Cir. 1976) (plaintiff asserting discrimination must do more than allege he was not hired); Huff v. W.
cited Cited "see, e.g." Johnson v. New York State
D. Conn. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Halder v. Avis Rent-A-Car Sys., Inc., 541 F.2d 130, 131 (2d Cir. 1976) (plaintiff asserting discrimination must do more than allege he was not hired); Huff v. W.
discussed Cited "see, e.g." Securities And Exchange Commission v. Unifund Sal
2d Cir. · 1990 · signal: see also · confidence medium
See also Halder v. Avis Rent-A-Car System, Inc., 541 F.2d 130, 131 (2d Cir.1976) (stating the test on the merits to be "a substantial likelihood of success"); Gulf & Western Industries, Inc. v. Great Atlantic & Pacific Tea Co., 476 F.2d 687 (2d Cir.1973) (stating that the question is whether it appears that the plaintiff "stands a strong chance of proving [the alleged statutory violation]," id. at 695 , but setting forth preliminary injunction standard without any qualifying phrase, id. at 692 ). 45 Then in the late 1970s we revised the Sonesta formulation to make clear that possible irreparab…
discussed Cited "see, e.g." Securities & Exchange Commission v. Unifund SAL
2d Cir. · 1990 · signal: see also · confidence medium
See also Halder v. Avis Rent-A-Car System, Inc., 541 F.2d 130, 131 (2d Cir.1976) (stating the test on the merits to be “a substantial likelihood of success”); Gulf & Western Industries, Inc. v. Great Atlantic & Pacific Tea Co., 476 F.2d 687 (2d Cir.1973) (stating that the question is whether it appears that the plaintiff “stands a strong chance of proving [the alleged statutory violation],” id. at 695 , but setting forth preliminary injunction standard without any qualifying phrase, id. at 692 ).
Retrieving the full opinion text from the archive…
Biswanath HALDER, Plaintiff-Appellant,
v.
AVIS RENT-A-CAR SYSTEM, INC., Defendant-Appellee
977, Docket 76-7039.
Court of Appeals for the Second Circuit.
Aug 26, 1976.
541 F.2d 130
1976 U.S. App. LEXIS 7383
Biswanath Haider, pro se., Meyer, English & Cianciulli, P. C., Mineóla, N. Y. (M. Kathryn Meng, Mineóla, N. Y., of counsel), for defendant-appellee.
Mansfield, Van Graafeiland Pollack.
Cited by 10 opinions  |  Published
PER CURIAM:

In this action by Biswanath Haider, an immigrant from India, alleging that the defendant-appellee, Avis Rent-A-Car System, Inc., in violation of Title VII of the Equal Employment Opportunity Act, 42 U.S.C. § 2000e, et seq., refused to hire him as a computer programmer because of his race and national origin, Haider appeals from a memorandum decision and order of Chief Judge Jacob Mishler of the Eastern District of New York denying Haider’s application pursuant to 42 U.S.C. § 2000e-5(g) for a preliminary injunction which would direct Avis to abandon its discriminatory employment practices and to hire him pending outcome of the litigation. We affirm.

In seeking preliminary injunctive relief Haider assumed the heavy burden of showing either a substantial likelihood of success on the merits coupled with the possibility of some irreparable injury to himself or that he has raised serious questions going to the merits and that the balance of hardships tips decidedly in his favor. Sonesta Int’l Hotels Corp. v. Wellington Associates, 483 F.2d 247, 250 (2d Cir. 1973). Even in such a case injunctive relief would be justified only as a means of maintaining the status quo. See, e. g., Exxon Corp. v. City of New York, 480 F.2d 460, 464 (2d Cir. 1973).

Here Haider has failed completely to make the requisite showing. His complaint and other papers, construed most liberally in his favor as a pro se plaintiff, see Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), fail to allege any discriminatory practice or policy on Avis’ part other than the failure to hire him, from which he infers that Avis refused to employ him because he is of Indian origin. However, no facts are alleged to support this conclusion and Avis, to the contrary, has filed an answer and affidavit to the effect that he was not employed because the only openings available required skills which he did not possess. Furthermore, even if[*132] Haider would ultimately prevail, relief in the form of money damages would be available.

Under the circumstances, there was no abuse of discretion in denying preliminary injunctive relief and the order appealed from is accordingly affirmed.