Indian Nations: Seneca Nation of Indians v. Paterson 

By Daily Record Staff
POSTED: September 1, 2010
Tags: Case Digests, Indian nations, U.S. District Court, WDNY

U.S. District Court, WDNY
Indian Nations
Tax Law
Seneca Nation of Indians v. Paterson
10-CV-687
Judge Arcara
Background: Pursuant to Rule 65 of the Federal Rules of Civil Procedure and Local Rule 65, plaintiff Seneca Nation of Indians and the Cayuga Indian Nation of New York moved for a temporary restraining order and preliminary injunction against the defendants, enjoining them from [...]

Social Security: Jackson v. Astrue 

By Daily Record Staff
POSTED: September 1, 2010
Tags: Case Digests, Social Security, U.S. District Court, WDNY

U.S. District Court, WDNY

Social Security
Cognitive Limitations — Unskilled Work
Jackson v. Astrue
09-CV-485
Judge Telesca
Background: Plaintiff Jonathan A. Jackson brings an action pursuant to the Social Security Act, claiming the commissioner of Social Security improperly denied his application for disability insurance benefits and SSI. The parties filed papers for a judgment on the pleadings. The plaintiff, a 41-year-old [...]

Prisoner Civil Rights: Tafari v. Weinstock 

By Daily Record Staff
POSTED: August 30, 2010
Tags: medical treatment, prisoner civil rights, U.S. District Court Western District of New York

U.S. District Court, Western District of New York
Prisoner Civil Rights
Medical Treatment
Tafari v. Weinstock
07-CV-693
Judge Scott
Background: The plaintiff brought various claims alleging violations of his constitutional rights. All, with the exception of the plaintiff’s claim asserting deliberate indifference with respect to his medical care against five defendants, were dismissed previously. With respect to his medical treatment claims, [...]

Prisoner Civil Rights: Barnes v. Fedele 

By Daily Record Staff
POSTED: August 27, 2010
Tags: prisoner civil rights, religious practices, U.S. District Court Western District of New York

U.S. District Court, Western District of New York
Prisoner Civil Rights
Religious Practices
Barnes v. Fedele
07-CV-6197
Judge Larimer
Background: In this prisoner’s action alleging violations of civil rights, the plaintiff has moved for summary judgment. The plaintiff alleges that the defendant questioned the “crown” he wore when receiving kosher meals and that the plaintiff explained that it was religious headgear [...]

Federal Tort Claims: Crosby v. United States 

By Daily Record Staff
POSTED: August 27, 2010
Tags: federal tort claims, medical malpractice, U.S. District Court Western District of New York

U.S. District Court, Western District of New York
Federal Tort Claims
Medical Malpractice
Crosby v. United States
09-CV-277
Judge Skretny
Background: Plaintiff Edwin H. Crosby brings this action against defendant United States of America under the Federal Tort Claims Act asserting 11 distinct claims arising out of medical care and treatment he received from the U.S. Department of Veterans’ Affairs.  The [...]

Securities: Alliance Industries, Inc. v. Longyear Holding, Inc. 

By Daily Record Staff
POSTED: August 27, 2010
Tags: legal fees, securities, stockholders suit, U.S. District Court Western District of New York

U.S. District Court, Western District of New York
Securities
Stockholders’ Suit — Legal Fees
Alliance Industries, Inc. v. Longyear Holding, Inc.
08-CV-490
Judge Scott
Background: This is a diversity stockholders’ suit arising from the purchase of stock in a corporation to acquire its subsidiary and subsequent disposition of funds in an escrow account created as part of the transaction. On April [...]

Social Security: Naumovski v. Astrue 

By Daily Record Staff
POSTED: August 27, 2010
Tags: Social Security, U.S. District Court Western District of New York

U.S. District Court, Western District of New York
Social Security
Naumovski v. Astrue
09-CV-862
Judge Arcara
Background: The plaintiff filed this action seeking review of the denial of disability benefits. The plaintiff claims disability arising on or about March 24, 2003, from an automobile accident, where he sustained back injuries. He later returned to work at a reduced schedule until [...]

Frivolous Claims: Falso v. Gates Chili Central School District 

By Daily Record Staff
POSTED: August 27, 2010
Tags: frivolous claims, sanctions, U.S. District Court Western District of New York

U.S. District Court, Western District of New York
Frivolous Claims
Sanctions
Falso v. Gates Chili Central School District
09-CV-6053
Judge Larimer
Background: In the latest chapter of the Anthony Falso saga of multiplicitous discrimination claims, Falso has filed a motion in the Gates Chili matter seeking leave of the court to file a new, separate and distinct action against Unisys Technical [...]

Job Discrimination: Stuart v. Peake 

By Daily Record Staff
POSTED: August 26, 2010
Tags: job discrimination, U.S. District Court Northern District of New York

U.S. District Court, Northern District of New York
Job Discrimination
Stuart v. Peake
08-CV-1350
Judge Sharpe
Background: Plaintiff Donald Stuart commenced this action against defendant James B. Peake, Secretary of Veterans Affairs, under Title VII of the Civil Rights Act of 1964, alleging employment-related race discrimination and unlawful retaliation. Peake has now moved for summary judgment.
The plaintiff, Donald Stuart, is [...]