Advisory Committee on Judicial Ethics — Board of Directors: Opinion 10-130
By Daily Record Staff
POSTED: May 17, 2012
Tags: board of directors, NYS Advisory Committee on Judicial Ethics
NYS Advisory Committee on Judicial Ethics Board of Directors Not-for-Profit Legislative Agenda Opinion 10-130 Background: A full-time judge asked whether he may serve on the board of directors of a not-for-profit organization that is involved in the promotion of safety standards, matchmaking and ranking credibility, administrative competency and accountability in the regulation of boxing. The [...]
Advisory Committee on Judicial Ethics — Partisan Politics: Opinion 10-128
By Daily Record Staff
POSTED: May 17, 2012
Tags: NYS Advisory Committee on Judicial Ethics, Partisan Politics
NYS Advisory Committee on Judicial Ethics Partisan Politics Slogans Opinion 10-128 Background: A judge asked whether he may display a magnetic sign on the back of his vehicle that depicts the American flag and the following text: “take back America.” Opinion: The committee believes that the slogan is in fact known to be associated with [...]
Court of Appeals — Proximate Cause: Williams, et al. v. State of New York
By Daily Record Staff
POSTED: May 16, 2012
Tags: New York State Court of Appeals, proximate cause
New York State Court of Appeals Proximate Cause Negligent Supervision of Mental Patient Williams, et al. v. State of New York No. 77 Memorandum Background: The claimants brought a negligence action against the state after her leg was broken by an escaped patient of the Manhattan Psychiatric Center. The patient threw a glass bottle at [...]
WDNY — Duplicative Indictments: United States v. Love
By Daily Record Staff
POSTED: May 16, 2012
Tags: Duplicative Indictments, U.S. District Court, WDNY
U.S. District Court, WDNY Duplicative Indictments Multiple Apartments United States v. Love 10-cr-6116L Judge Payson Background: The defendant had been charged in six counts of a seven-count indictment. A grand jury returned a superseding indictment charging him with two new offenses: a second count of maintaining a premises to distribute and manufacture cocaine, and a second [...]
Second Circuit — Securities Fraud: City of Omaha, Neb. Civilian Emps.’ Ret. Sys. v. CBS Corp. 
By Daily Record Staff
POSTED: May 16, 2012
Tags: Securities Fraud, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Securities Fraud Misstatements of Goodwill City of Omaha, Neb. Civilian Emps.’ Ret. Sys. v. CBS Corp. 11-2575-cv Judges Winter, Raggi and Rakoff Background: The plaintiff appellants appealed the dismissal of their amended and second amended complaints for failure to state a claim. The plaintiffs argued that by [...]
Second Circuit — Kosher Protection Act: Commack Self-Service Kosher Meats Inc. v. Hooker
By Daily Record Staff
POSTED: May 15, 2012
Tags: Kosher Protection Act, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Kosher Protection Act Free Exercise Clause — Establishment Clause Commack Self-Service Kosher Meats Inc. v. Hooker 11-3517-cv Judges Walker, Lynch and Droney Background: The plaintiffs appealed from an order dismissing their complaint for failure to state a claim. The appellants argued that New York’s Kosher Law Protection [...]
WDNY — Bankruptcy: Eastman Kodak Company v. Collins Ink Corporation
By Daily Record Staff
POSTED: May 15, 2012
Tags: Bankruptcy, U.S. District Court, WDNY
U.S. District Court, WDNY Bankruptcy Automatic Stay Eastman Kodak Company v. Collins Ink Corporation 11-cv-6513L Judge Payson Background: The defendant provided ink to the plaintiff for use in its commercial ink-jet printers for over a decade. After the parties’ most recent three-year agreement, the defendant unilaterally terminated the agreement. The plaintiff brought an action for [...]
Court of Appeals — Wiretap Evidence: People v. Rodriguez
By Daily Record Staff
POSTED: May 15, 2012
Tags: New York State Court of Appeals, Wiretap Evidence
New York State Court of Appeals Wiretap Evidence Notice — Prejudice People v. Rodriguez No. 73 Judge Pigott Background: The New York Drug Enforcement Task Force obtained an eavesdropping warrant in order to intercept cellphone calls made by the defendant. The defendant was ultimately convicted on a number of drug related counts based on conversations [...]
Court of Claims — Estate Administrator: Passalacqua v. State
By Daily Record Staff
POSTED: May 15, 2012
Tags: Estate Administrator, New York State Court of Claims
New York State Court of Claims Estate Administrator Convicted Felon — Capacity to Sue Passalacqua v. State 120604 Judge Patti Background: The claimant filed a claim as administer of the estate of Brittany Passalacqua seeking damages for the alleged wrongful death of the decedent due to the defendant’s negligence. The defendant moved to dismiss on the [...]
Court of Claims — Sexual Harassment: Verschage v. State
By Daily Record Staff
POSTED: May 15, 2012
Tags: New York State Court of Claims, sexual harassment
New York State Court of Claims Sexual Harassment Termination — Causal Connection Verschage v. State 118204 Judge Patti Background: The claimant and her husband filed a claim alleging hostile work environment caused by the sexual harassment, retaliatory termination and a derivative claim. The claimant alleged that a co-worker attempted to kiss her while they were [...]
Fourth Department — Vehicle Inspection and Safety: G&S Management Inc. and Scirri v. Fiala and NYS Dept. of Motor Vehicles
By Daily Record Staff
POSTED: May 15, 2012
Tags: Appellate Division, Fourth Department, Vehicle Inspection and Safety
Appellate Division, Fourth Department Vehicle Inspection and Safety Vehicle Safety Hearings G&S Management Inc. and Scirri v. Fiala and NYS Dept. of Motor Vehicles TP 11-02206 Transferred from Supreme Court, Erie County Background: The petitioners, operators of a used car dealership, commenced an Article 78 proceeding seeking to annul a determination that they violated Vehicle [...]
Court of Appeals — Fair Claims Act: State of New York ex rel. Kevin Grupp and Robert Moll v. DHL Express (USA) Inc., et al.
By Daily Record Staff
POSTED: May 15, 2012
Tags: Fair Claims Act, New York State Court of Appeals
New York State Court of Appeals Fair Claims Act Air Transportation Rates — Pre-emption State of New York ex rel. Kevin Grupp and Robert Moll v. DHL Express (USA) Inc., et al. No. 71 Judge Jones Background: The defendant had agreed to provide various courier services via air and ground transportation pursuant to a contract with the [...]
