Job Discrimination: Stuart v. Peake (access required)

By Daily Record Staff
POSTED: August 26, 2010
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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 [...]

Constitutional Torts: Dewitt v. City of Troy (access required)

By Daily Record Staff
POSTED: August 23, 2010
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U.S. District Court, Northern District of New York
Constitutional Torts
False Arrest
Dewitt v. City of Troy
09-CV-16
Judge McAvoy
Background: Plaintiffs Jamel DeWitt and Marquese Hill commenced an instant action against the defendants, asserting claims pursuant to 42 U.S.C. §1983 for denial of liberty, unlawful search and seizure, the use of excessive force, malicious prosecution and related common law claims [...]

Bankruptcy Appeal: Howe v. Dribusch (access required)

By Daily Record Staff
POSTED: August 19, 2010
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U.S. District Court, Northern District of New York
Bankruptcy Appeal
Howe v. Dribusch
09-CV-873
Judge Hurd
Background: Debtors appeal from an order of the Bankruptcy Court, which sustained the objection of Chapter 7 Trustee Christian H. Dribusch to the debtors’ claim of a cash exemption totaling $2,109.90 (consisting of $502 debtors had on hand at the time they filed the [...]

ERISA: Milgram v. Orthopedic Associates (access required)

By Daily Record Staff
POSTED: August 12, 2010
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U.S. District Court, Northern District of New York
ERISA
Milgram v. Orthopedic Associates
02-CV-255
Judge Sharpe
Background: The court found on March 30 that the plan has an obligation to Milgram, independent of Nora Breen’s liability, therefore the plan is liable independently to compensate Milgram for what he is owed, $1,571,723.73. The plaintiff alleged in the original complaint that, among [...]

Negligence: Partain-Hartigan v. Grandfreight Global LLC (access required)

By Daily Record Staff
POSTED: July 29, 2010
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U.S. District Court, Northern District of New York
Negligence
Conflicting Recollections
Partain-Hartigan v. Grandfreight Global LLC
06-CV-784
Judge Kahn
Background: The plaintiff, a citizen of New York State, alleges that defendant Joseph Yugi, a citizen of Texas, negligently drove a tractor-trailer on I-87 and caused the plaintiff to collide with that tractor-trailer. The plaintiff also sues Yugi’s employer, Grandfreight Global LLC, [...]

Petroleum Marketing: Jimico Enterprises Inc. v. Lehigh Gas Corp. (access required)

By Daily Record Staff
POSTED: July 29, 2010
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U.S. District Court, Northern District of New York
Petroleum Marketing
Jimico Enterprises Inc. v. Lehigh Gas Corp.
07-CV-578
Judge Suddaby
Background: In an action brought pursuant to the Petroleum Marketing Practices Act, Lehigh Gas Corp. brought a motion seeking partial summary judgment. The plaintiffs allege that, because the defendant obtained a license from ExxonMobil to operate as the franchisor of [...]

Social Security: Seaton v. Astrue (access required)

By Daily Record Staff
POSTED: July 26, 2010
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U.S. District Court, NDNY
Social Security
Credibility Determinations
Seaton v. Astrue
06-CV-756
Judge Kahn
Background: On June 4, 2004, plaintiff David W. Seaton, filed an application for Disability Insurance Benefits under the Social Security Act. The plaintiff’s application states that he has been disabled since Nov. 1, 2003.  His application for benefits was denied and he seeks review. The plaintiff was [...]

Antitrust: Fleischman v. Albany Medical Center (access required)

By Daily Record Staff
POSTED: July 23, 2010
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U.S. District Court, NDNY
Antitrust
Conspiracy to Depress Wages — Nonpublic Information Sharing
Fleischman v. Albany Medical Center
06-CV-765
Judge McAvoy
Background: Plaintiffs commenced the instant action against defendants claiming that they conspired amongst themselves to depress the wages of registered nurses in the Albany area in violation of antitrust laws. Defendant moves for summary judgment.  The nurses allege that the [...]

Arbitration: Samaritan Medical Center v. Local 1199 (access required)

By Daily Record Staff
POSTED: July 20, 2010
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U.S. District Court, Northern District of New York
Arbitration
Judicial Review of Award
Samaritan Medical Center v. Local 1199
09-CV-1072
Judge McAvoy
Background: Samaritan Medical Center commenced an action in Supreme Court, Jefferson County, against Local 1199, Service Employees International Union, United Health Care Workers East seeking to vacate an Arbitration Award pursuant to §10(4)(a) of the Federal Arbitration Act. The [...]

ERISA: Oswego Laborers’ Local 212 v. Western New York Contractors Inc. (access required)

By Daily Record Staff
POSTED: July 20, 2010
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U.S. District Court, Northern District of New York
ERISA
Oswego Laborers’ Local 212 v. Western New York Contractors Inc.
08-CV-484
Judge Mordue
Background: Plaintiffs Oswego Laborers’ Local 214 Pension and Annuity Funds, Central New York Laborers’ Health and Welfare Pension, Annuity and Training Funds and Construction and General Laborers’ Local Union No. 633 bring an action alleging Western New York [...]

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