Confidentiality Stipulation: Johnson v. Hable (access required)

By Daily Record Staff
POSTED: March 10, 2010
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U.S. District Court, Western District of New York
Confidentiality Stipulation
Johnson v. Hable
05-CV-451
Judge McCarthy
Background: Before the court is the plaintiff’s motion for relief from the parties’ confidentiality stipulation. The plaintiff, an inmate, commenced the action pro se against the defendants, employees of the state Department of Correctional Services, alleging he was subjected to excessive force on Nov. [...]

Constitutional Torts: Redd v. Wright (access required)

By Daily Record Staff
POSTED: March 10, 2010
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U.S. District Court, Western District of New York
Constitutional Torts
Prisoners — Contagious Diseases
Redd v. Wright
06-4315-pr
Judge Arcara
Background: The appeal is from the summary judgment dismissal of the plaintiff-appellant’s claims against employees of the state Department of Corrections, alleging violations of the First, Eighth and 14th Amendments as well as the Religious Land Use and Institutionalized Persons Act [...]

Labor Law: Kratzert v. White Lodging Services Inc. (access required)

By Daily Record Staff
POSTED: March 9, 2010
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U.S. District Court, Northern District of New York
Labor Law
Private Right of Action
Kratzert v. White Lodging Services Inc.
09-CV-597
Judge Mordue
Background: The defendant moves to dismiss a diversity action on the ground that section 206-c of the New York Labor Law does not create a private right of action. Section 206-c does not expressly authorize a private right [...]

Debt Collection Practices: Gorham-Dimaggio v. Countrywide Home Loans Inc. (access required)

By Daily Record Staff
POSTED: March 9, 2010
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U.S. District Court, Northern District of New York
Debt Collection Practices
RESPA
Gorham-Dimaggio v. Countrywide Home Loans Inc.
08-CV-19
Judge Kahn
Background: Before the court are a motion for summary judgment filed by plaintiff Kim Gorham-DiMaggio and a cross-motion for summary judgment filed by the defendants. On June 13, 2003, the plaintiff obtained a mortgage loan on her home from the [...]

Social Security: Sessions v. Astrue (access required)

By Daily Record Staff
POSTED: March 9, 2010
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U.S. District Court, Western District of New York
Social Security
Sessions v. Astrue
08-CV-724
Judge Arcara
Background: Plaintiff Jimmy L. Sessions commenced the instant action seeking review of the final determination of the defendant Michael J. Astrue, commissioner of Social Security, disallowing the plaintiff’s claim for Supplemental Security Income benefits under the Social Security Act. The defendant moved for judgment [...]

First Amendment: Hickey v. Myers (access required)

By Daily Record Staff
POSTED: March 8, 2010
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U.S. District Court, Northern District of New York
First Amendment
Retaliation
Hickey v. Myers
09-CV-1307
Judge McAvoy
Background: The plaintiff maintains he was removed unlawfully from his position as dean of the College of Liberal Arts and Sciences at SUNY Cobleskill for opposing racial discrimination in education in violation of Title VI, opposing racial discrimination in contracts in violation of §1981, [...]

Labor Law: United Union of Roofers, Waterproofers and Allied Workers v. A.W. Farrell & Son Inc. (access required)

By Daily Record Staff
POSTED: March 8, 2010
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U.S. District Court, Western District of New York
Labor Law
Collective Bargaining — Alter Ego Corporation
United Union of Roofers, Waterproofers and Allied Workers v. A.W. Farrell & Son Inc.
07-CV-224
Judge Curtin
Background: The plaintiff Union and the trustees of the Union’s Money Purchase Pension Plan and Joint Health and Welfare Program seek declaratory, injunctive and other equitable relief against [...]

Social Security: Dempsey v. Astrue (access required)

By Daily Record Staff
POSTED: March 5, 2010
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U.S. District Court, Western District of New York
Social Security
Record on Appeal
Dempsey v. Astrue
09-CV-6023
Judge Siragusa
Background: Before the court is the commissioner’s motion for remand. Relying on sentence six of 42 U.S.C. §405(g), the commissioner seeks an order remanding the case to the administrative law judge for a de novo hearing because “critical portions of the recording [...]

Family and Medical Leave: Claffey v. Wegmans Food Markets Inc. (access required)

By Daily Record Staff
POSTED: March 4, 2010
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U.S. District Court, Western District of New York
Family and Medical Leave
Claffey v. Wegmans Food Markets Inc.
07-CV-6430
Judge Telesca
Background: Plaintiff Eileen M. Claffey brought an action claiming defendant Wegmans Food Markets Inc. interfered with her rights under the Family and Medical Leave Act and retaliated against her for exercising her FMLA rights. The defendant moves for summary [...]

ADA: Rice v. Wayne Behavioral Health Network (access required)

By Daily Record Staff
POSTED: March 4, 2010
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U.S. District Court, Western District of New York
ADA
Rice v. Wayne Behavioral Health Network
09-CV-6391
Judge Telesca
Background: Plaintiff Thomas Rice brought an action against defendant Wayne Behavioral Health Network claiming he was discriminated against on the basis of his disability status in violation of ADA. The defendant moved to dismiss. The plaintiff also contends he was retaliated against [...]

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