Quantcast

WDNY — Social Security Disability: Fee v. Astrue

By Daily Record Staff
POSTED: May 20, 2013
Tags: , ,

U.S. District Court, WDNY Social Security Disability Vocational Expert — Transferable Skills Fee v. Astrue 11-cv-6625L Judge Larimer Background: The plaintiff sought review of the commissioner of Social Security’s determination that he was not disabled under the Social Security Act. The plaintiff alleged that he was disabled due to a number of health issues including [...]

WDNY — Non-Exertional Limitations: Crayton v. Astrue

By Daily Record Staff
POSTED: May 16, 2013
Tags: , ,

U.S. District Court, WDNY Non-Exertional Limitations Mental Impairments Crayton v. Astrue 11-cv-6617L Judge Larimer Background: The plaintiff appealed from the denial of her application for Supplemental Security Income benefits. The plaintiff alleged that she had an inability to work due to depression, arthritis, scoliosis, anxiety and asthma. The administrative law judge found the claimant not [...]

WDNY — Animal Owner Negligence: Hastings v. Sauve

By Daily Record Staff
POSTED: May 15, 2013
Tags: , ,

U.S. District Court, WDNY Animal Owner Negligence Farm Animal Hastings v. Sauve No. 78 Judge Smith Background: The plaintiff was injured when her vehicle hit a cow on a public road. The plaintiff brought an action against the cow’s owners and the property owner where the cow was kept. The claimant alleged that the fencing [...]

WDNY — Discrimination and Equal Pay: McCullough v. Xerox Corporation

By Daily Record Staff
POSTED: May 9, 2013
Tags: , ,

U.S. District Court, WDNY Discrimination and Equal Pay Hostile Work Environment McCullough v. Xerox Corporation 12-cv-6405L Judge Larimer Background: The plaintiff brought an action against her former employer alleging that she was discriminated against because of her race and gender.  She also alleged retaliation for opposing such discrimination. The plaintiff argued that she was paid [...]

WDNY — Defendant Identification: United States v. Young (access required)

By Daily Record Staff
POSTED: May 8, 2013
Tags: , ,

U.S. District Court, WDNY Defendant Identification Independently Reliable Basis — Extensive Contact United States v. Young 10-cr-6211L Judge Payson Background: The defendant moved to suppress a photographic identification made by a cooperating government witness. A bifurcated Wade hearing was conducted to consider only whether the identification procedure was unduly suggestive. At the first hearing, the [...]

WDNY — Forum Selection Clause: Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al.

By Daily Record Staff
POSTED: May 7, 2013
Tags: , ,

U.S. District Court, WDNY Forum Selection Clause Mandatory — Removal to State Court Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al. 12-cv-6424L Judge Larimer Background: The parties consented to hearing a landlord-tenant dispute concerning a shopping mall in Dallas, Texas, in the Western District of New York. Two defendants moved to [...]

WDNY — Class Certification: Tracy, et al. v. NVR Inc. (access required)

By Daily Record Staff
POSTED: May 6, 2013
Tags: , ,

U.S. District Court, WDNY Class Certification Similarly Situated Tracy, et al. v. NVR Inc. 04-cv-6541L Judge Larimer Background: The plaintiff, on behalf of himself and a class of plaintiffs, brought an action pursuant to the Fair Labor Standards Act, alleging that they were not properly compensated for overtime compensation. The defendant moved to decertify the [...]

WDNY — Duty of Care: Roberts v. Los Alamos National Security, LLC, et al.

By Daily Record Staff
POSTED: May 4, 2013
Tags: , ,

U.S. District Court, WDNY  Duty of Care Employer/Employee Relationship Roberts v. Los Alamos National Security, LLC, et al. 11-cv-6206L Judge Larimer Background: An employee of the University of Rochester brought an action seeking damages for serious injuries he received during an experiment with a High Yield Neutron Temporal Diagnostic, also known as the “light pipe.” [...]

WDNY — Suppression: United States of America v. Wiggins

By Daily Record Staff
POSTED: May 2, 2013
Tags: , ,

U.S. District Court, WDNY  Suppression Reasonable Suspicion — Custodial Interrogation United States of America v. Wiggins 12-cr-6114L Judge Payson Background: The defendant was charged with numerous counts of drug possession with intent to sell. The defendant moved to suppress physical evidence and statements taken at the time of his arrest. The defendant was arrested during [...]

WDNY — Maintaining Apartment for Drug Manufacture: United States of America v. Love (access required)

By Daily Record Staff
POSTED: May 1, 2013
Tags: , ,

U.S. District Court, WDNY Maintaining Apartment for Drug Manufacture Present vs. Maintain United States of America v. Love 10-cr-6116L Judge Larimer Background: The defendant was indicted for numerous offenses including drug trafficking and firearm-related offenses. Following a jury trial, he was convicted of six of seven counts. The defendant moved to reverse the jury verdict relating to [...]

WDNY — Social Security Disability — Functional Capacity: Harris v. Astrue (access required)

By Daily Record Staff
POSTED: April 29, 2013
Tags: , , ,

U.S. District Court, WDNY Social Security Disability — Functional Capacity Sedentary Work — Total Disability Harris v. Astrue 11-cv-6299L Judge Larimer Background: The plaintiff appealed from the denial of his application for disability insurance benefits by the commissioner of Social Security. The defendant moved for judgment on the pleadings. Ruling: The District Court granted the [...]

WDNY — Amended Complaint: Moran v. Levowitz, et al.

By Daily Record Staff
POSTED: April 28, 2013
Tags: , ,

U.S. District Court, WDNY  Amended Complaint   Sufficiency Moran v. Levowitz, et al. 10-cv-6178CJS Judge Payson Background: The plaintiff commenced an action alleging that the defendants were deliberately indifferent to his medical needs. Specifically, the plaintiff alleged that he contracted a skin infection while incarcerated at the Erie County Holding Center. He alleged that his request [...]

Next Page »