Quantcast

WDNY — Removal to Federal Court: MG Building Materials Ltd. v. Paychex Inc. (access required)

By Daily Record Staff
POSTED: February 1, 2012
Tags: , , ,

U.S. District Court, WDNY
Removal to Federal Court
Revival Exception
MG Building Materials Ltd. v. Paychex Inc.
11-cv-6165L
Judge Larimer
Background: The action was originally commenced in a Texas state court by the plaintiffs alleging breach of contract and other claims that arose from a payroll administration contract. The defendant had not initially sought removal of the action, but moved to [...]

WDNY – False Arrest: Taylor v. Fischer, et al. (access required)

By Daily Record Staff
POSTED: January 31, 2012
Tags: , , , ,

U.S. District Court, WDNY
False Arrest
Malicious Prosecution — Summary Judgment
Taylor v. Fischer, et al.
11-cv-6083L
Judge Larimer
Background: The pro se plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, sued eight employees of DOCCS. The plaintiff alleged that he was falsely imprisoned, suffered emotional distress and [...]

WDNY — Deliberate Indifference: Sheils v. Jordan, et al. (access required)

By Daily Record Staff
POSTED: January 29, 2012
Tags: , , ,

U.S. District Court, WDNY
Deliberate Indifference
Inmate Injuries & Safety
Sheils v. Jordan, et al.
10-cv-6516L
Judge Larimer
Background: The pro se plaintiff commenced action against a number of prison officials and employees of the New York State Department of Correctional Services. Two of the defendants moved to dismiss. The plaintiff did not respond to the motion. The plaintiff alleged that the [...]

WDNY — Medical Malpractice: Nelson v. Alves (access required)

By Daily Record Staff
POSTED: January 26, 2012
Tags: , , , ,

U.S. District Court, WDNY
Medical Malpractice
Conclusory Allegations
Nelson v. Alves
11-cv-6045L
Judge Larimer
Background: The pro se plaintiff commenced an action alleging that the defendant violated his constitutional rights during his confinement at Elmira Correctional Facility.  The defendant moved for summary judgment as the allegations of medical malpractice were conclusory assertions that the defendant was not treating the plaintiff’s various [...]

WDNY — Malicious Prosecution: Doe v, Selsky, et al. (access required)

By Daily Record Staff
POSTED: January 26, 2012
Tags: , , ,

U.S. District Court, WDNY
Malicious Prosecution
Inmate in Custody
Doe v, Selsky, et al.
08-cv-6199L
Judge Larimer
Background: The pro se plaintiff commenced an action against the New York State Department of Corrections and Community Supervision alleging that the defendants violated his constitutional rights while he was confined at the Elmira Correctional Facility. Specifically, the plaintiff alleged that the defendants [...]

WDNY — Failure to Prosecute: Belfield v. D. Leonard (access required)

By Daily Record Staff
POSTED: January 24, 2012
Tags: , , ,

U.S. District Court, WDNY
Failure to Prosecute
No Communication
Belfield v. D. Leonard
10-cv-6688L
Judge Larimer
Background: The pro se plaintiff commenced an action alleging various violations of his rights while he was in the custody of the New York State Department of Corrections. The defendants moved to dismiss for failure to prosecute.
Ruling: The District Court granted the defendant’s motion. The [...]

WDNY — Injunctive Relief — Inmate Transfer: Rosales v. Wright (access required)

By Daily Record Staff
POSTED: January 16, 2012
Tags: , , , ,

U.S. District Court, WDNY
Injunctive Relief — Inmate Transfer
Mootness
Rosales v. Wright
10-cv-6044L
Judge Larimer
Background: The plaintiff, an inmate in the custody of the New York State Department of Correctional Services, brought a § 1983 action against seven employees alleging numerous violations of his constitutional rights relating to a series of events at Southport Correctional Facility. The defendant sought [...]

WDNY — Extension of Time to Serve: Albanese v. E.D.S., an HP Company/HP Enterprises Services (access required)

By Daily Record Staff
POSTED: January 10, 2012
Tags: , , ,

U.S. District Court, WDNY
Extension of  Time to Serve
Good Cause
Albanese v. E.D.S., an HP Company/HP Enterprises Services
10-cv-6283L
Judge Larimer
Background: The plaintiff, a former employee of the defendants, filed an action alleging claims under the Age Discrimination in Employment Act. The plaintiff failed on two attempts to serve the defendants. The plaintiff then moved for an extension of [...]

WDNY — Post-Release Supervision: Bloom v. Fischer, et al. (access required)

By Daily Record Staff
POSTED: January 4, 2012
Tags: , , ,

U.S. District Court, WDNY
Post-Release Supervision
Statute of Limitations
Bloom v. Fischer, et al.
11-cv-6237L
Judge Larimer
Background: The pro se plaintiff brought an action against the New York State Department of Correctional Services alleging that the defendant violated his constitutional rights by administratively imposing a period of post-release supervision on the plaintiff following his sentence of imprisonment. The defendants moved to [...]

WDNY — Service of Process: Klein v. United States of America, et al. (access required)

By Daily Record Staff
POSTED: December 28, 2011
Tags: , , ,

U.S. District Court, WDNY
Service of Process
Individual in Foreign County
Klein v. United States of America, et al.
08-cv-6512L
Judge Larimer
Background: The plaintiff commenced an action against the defendant in order to recover funds that he alleged were unlawfully assessed against and collected from him by the Internal Revenue Service. The government answered and filed a counterclaim against the [...]

WDNY — Employment Discrimination: Glenwright, et al. v. Xerox Corporation (access required)

By Daily Record Staff
POSTED: December 27, 2011
Tags: , , , ,

U.S. District Court, WDNY
Employment Discrimination
Similarly Situated — Company Investigations
Glenwright, et al. v. Xerox Corporation
07-cv-6325L
Judge Larimer
Background: The plaintiffs consisted of 15 former managers and employees of the defendant. They alleged that the defendant had engaged in employment discrimination. The complaint arose out of an investigation conducted by the defendant when a routine “disk scrub” of its computer [...]

WDNY — Medical Malpractice: Striplin v. Alves, et al. (access required)

By Daily Record Staff
POSTED: December 26, 2011
Tags: , , ,

U.S. District Court, WDNY
Medical Malpractice
Eighth Amendment
Striplin v. Alves, et al.
10-cv-06190-CJS
Judges Siragusa
Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, filed a § 1983 complaint alleging the defendants had denied him appropriate medical care. The plaintiff was found unresponsive after he had attempted [...]

Next Page »