Insurance Contracts: Jacobson v. Metropolitan Property & Casualty Insurance Co.

NDNY — Federal Employers’ Liability Act: Monington v. CSX Transportation Inc.

By Daily Record Staff
POSTED: April 11, 2012
Tags: Federal Employers’ Liability Act, NDNY, U.S. District Court

U.S. District Court, NDNY Federal Employers’ Liability Act Unsafe Workplace Monington v. CSX Transportation Inc. 1:10-cv-1553 (GLS/RFT) Judge Sharpe Background: The plaintiff commenced a negligence action against his employer under the Federal Employers’ Liability Act. He alleged that his injuries occurred while he was connecting air hoses to railcars. The plaintiff was required to cross over [...]

Labor Law: Elliott v. Leatherstocking Corp

By Daily Record Staff
POSTED: April 19, 2011
Tags: Guest Service Charges, Labor Law, NDNY, overtime, U.S. District Court

U.S. District Court, NDNY Labor Law Overtime — Guest Service Charges Elliott v. Leatherstocking Corp 10-CV-934 Judge McAvoy Background: The defendant owns and operates the Otesaga Hotel and Resort in Cooperstown, N.Y. The defendant employed the plaintiffs Virginia Elliott and Deborah Knoblauch as room attendants, the plaintiff Jon Francis as a dining room busser and [...]

Insurance: Britt v. General Star Indemnity Company

By Daily Record Staff
POSTED: April 18, 2011
Tags: Disclaimer, Insurance, NDNY, Payment of Judgments, U.S. District Court

U.S. District Court, NDNY Insurance Disclaimer — Payment of Judgments Britt v. General Star Indemnity Company 10-CV-168 Judge Hurd Background: The plaintiff Andrew Britt brought this suit against General Star Indemnity Co. to collect payment of an unsatisfied judgment pursuant to New York State Insurance Law section 3420. The defendant filed an answer to the [...]

Constitutional Torts: Rotundo v. Village of Yorkville

By Daily Record Staff
POSTED: March 9, 2011
Tags: constitutional torts, First Amendment Retaliation, Northern District of New York, public employment, U.S. District Court

U.S. District Court, Northern District of New York Constitutional Torts Public Employment — First Amendment Retaliation Rotundo v. Village of Yorkville 09-CV-1262 Judge Hurd Background: Plaintiffs Benedict Rotundo Jr. and Kelly Rotundo bring this action against defendants Village of Yorkville, Bruno A. Petruccione as village mayor, Thomas J. Thomas, village deputy mayor, Village Trustees Anthony [...]

Labor Law: Rudd v. T.L. Cannon Corp.

By Daily Record Staff
POSTED: March 9, 2011
Tags: Certification, class actions, Labor Law, Northern District of New York, U.S. District Court

U.S. District Court, Northern District of New York Labor Law Class Actions — Certification Rudd v. T.L. Cannon Corp. 10-CV-591 Judge McAvoy Background: Plaintiffs Ann Marie Rudd, Matthew Roach, Melissa Longo, Jennifer Doty and Garrett Titchen, all former employees of the defendants, operators of approximately 53 Applebee’s Neighborhood Grill & Bar Restaurants throughout New York [...]

Breach of Contract: Ford Motor Credit Co. LLC v. Simao

By Daily Record Staff
POSTED: February 10, 2011
Tags: breach of contract, damages, Northern District of New York, U.S. District Court

U.S. District Court, Northern District of New York Breach of Contract Damages Ford Motor Credit Co. LLC v. Simao 10-CV-859 Judge McAvoy Background: The plaintiff commenced the instant action on July 15, 2010, seeking to recover monies owed pursuant to personal guaranties signed by defendant Picarazzi. On Dec. 15, 2010, the court granted the plaintiff’s [...]

Social Security: Bessette v. Commissioner of Social Security

By Daily Record Staff
POSTED: February 3, 2011
Tags: Administrative Review, Disability, Northern District of New York, Social Security, subject matter jurisdiction, U.S. District Court

U.S. District Court, Northern District of New York Social Security Disability — Administrative Review — Subject Matter Jurisdiction Bessette v. Commissioner of Social Security 09-CV-735 Judge McAvoy Background: Plaintiff pro se Gary Bessette brings this action seeking review of a decision by the commissioner of Social Security denying his request for disability insurance benefits under [...]

Wrongful Termination: Smith v. CVS RX Services Inc.

By Daily Record Staff
POSTED: January 27, 2011
Tags: False Charges, Northern District of New York, U.S. District Court, Wrongful Termination

U.S. District Court, Northern District of New York Wrongful Termination False Charges Smith v. CVS RX Services Inc. 10-CV-1462 Judge McAvoy Background: The plaintiff commenced this action in New York State Supreme Court, Broome County, alleging that he was defamed by the defendants’ agents in the course of his employment, and that defendants’ agents’ conduct [...]

Medicaid: United States ex. rel. Blundell v. Dialysis Clinic Inc.

By Daily Record Staff
POSTED: January 27, 2011
Tags: Fraud — Overpayments — Qui Tam Actions, Medicaid, Northern District of New York, U.S. District Court

U.S. District Court, Northern District of New York Medicaid Fraud — Overpayments — Qui Tam Actions United States ex. rel. Blundell v. Dialysis Clinic Inc. 09-CV-710 Judge Mordue Background: On June 22, 2009, plaintiff Paul Blundell filed this qui tam action under seal in accordance with the provisions of the False Claims Act as a [...]

Personal Jurisdiction: Grasso v. Grasso

By Daily Record Staff
POSTED: January 3, 2011
Tags: Northern District of New York, personal jurisdiction, Reconsideration of Dismissal of Claims, U.S. District Court

U.S. District Court, Northern District of New York Personal Jurisdiction Reconsideration of Dismissal of Claims Grasso v. Grasso 09-CV-1401 Judge Kahn Background: Nicholas J. Grasso commenced this diversity action against the Estate of Joseph F. Grasso Sr., Joseph F. Grasso Jr., Olga Grasso, Teresa Grasso and Michelle Grasso; the amended complaint announced four causes of [...]

Trademark Infringement: RVDirect.Com v. Worldwide RV

By Daily Record Staff
POSTED: January 3, 2011
Tags: Internet Domain Names, Northern District of New York, personal jurisdiction, U.S. District Court

U.S. District Court, Northern District of New York Trademark Infringement Personal Jurisdiction — Internet Domain Names RVDirect.Com v. Worldwide RV 10-CV-701 Judge Kahn Background: Presently before the court is a motion to dismiss or transfer venue by the defendant. On June 16, 2010, plaintiffs RVDirect.com Inc. and RV Direct Group Inc. initiated this action against [...]