U.S. Court of Appeals for the Second Circuit – Fair Labor Standards Act – Employee – Unpaid Intern Glatt et al. v. Fox Searchlight Pictures, Inc. et al. 13-4478-cv(L) Judges Walker, Jacobs and Wesley Background: The plaintiffs, who ...Read More »
U.S. District Court, WDNY – Legal Malpractice – Settlement Due to Negligence Oak Forest Products, Inc. et al v. Hiscock & Barclay 12-cv-6453L Judge Larimer Background: The plaintiff alleges legal malpractice related to the defendant’s representation of the ...Read More »
New York State Court of Appeals – Felony Murder – In Furtherance of Element People v. Henderson No. 106 Judge Abdus-Salaam Background: At issue on appeal is whether there was sufficient proof to support the defendant’s conviction for ...
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Appellate Division, Fourth Department – Property Right – Due Process – Equal Protection – Environmental Review Acquest Wehrle v. Town of Amherst CA 14-00117 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages ...Read More »
U.S. Court of Appeals for the Second Circuit ERISA Commonly Controlled Business – Withdrawal Liability UFCW Local One Pension Fund v. Enivel Prpoerties, LLC 14-3741-cv(L) Judges Wesley, Livingston and Chin Background: The plaintiffs commenced an action under the Employee Retirement ...Read More »
U.S. District Court, WDNY SSD Sufficient Evidence – Judge’s Rationale Nelson v. Colvin 14-CV-6430L Judge Larimer Background: The plaintiff sought review of a final determination that she is not disabled under the Social Security Act. She alleged cervical and lumbar ...Read More »
New York State Court of Appeals – Commonwealth of Pennsylvania Public School Employees’ Retirement System, et al. v. Morgan Stanley, et al.
New York State Court of Appeals Standing Assignment – Right to Sue Commonwealth of Pennsylvania Public School Employees’ Retirement System, et al. v. Morgan Stanley, et al. No. 104 Judge Stein Background: This case was certified to the Court of ...Read More »
Appellate Division, Fourth Department Neglect Meaningful Efforts to Reunite Parent and Child – Parent Frustrating the Process Matter of Qua’Mel W. CAF 14-00455 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an order that terminated her ...Read More »
U.S. Court of Appeals for the Second Circuit - FINRA Arbitration - Pre-Dispute Waivers of Class and Collective Actions Cohen v. UBS Financial Services, Inc. 14-781-cv Judges Jacobs, Wesley and Carney Background: The plaintiff appealed from the grant of the ...Read More »
U.S. Court of Appeals for the Second Circuit - Anti-trust - Price Fixing Conspiracy – E-books United States v. Apple, Inc. 13-3741-cv(L) Judges Jacobs, Livingston and Lohier Background: The defendants appealed from a judgment that concluded the defendant Apple violated ...Read More »
New York State Court of Appeals - Enterprise Corruption - Continuity of Existence People v. Kescher; People v. Goldman Nos. 15 & 16 Judge Fahey Background: The defendants included a licensed medical practitioner and a chiropractor. They worked at a ...Read More »
Appellate Division, Fourth Department – Medicaid Eligibility - Uncompensated Transfers Scott v. Zucker TP 14-02106 Transferred from Supreme Court, Genesee County Background: The petitioner commenced an article 78 proceeding seeking to annul a determination that he made certain uncompensated ...Read More »