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WDNY — Probable Cause: Yevstifeev v. Steve, et al. (access required)

By Daily Record Staff
POSTED: May 22, 2012
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U.S. District Court, WDNY Probable Cause False Arrest — Obstruction Yevstifeev v. Steve, et al. 08-cv-6476L Judge Larimer Background: The plaintiff and his wife brought an action, pro se, against the town of Brighton Police Department and its police chief alleging that the defendants unlawfully arrested and tried the plaintiff for driving while intoxicated. Upon [...]

WDNY — Duplicative Indictments: United States v. Love

By Daily Record Staff
POSTED: May 16, 2012
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U.S. District Court, WDNY Duplicative Indictments Multiple Apartments United States v. Love 10-cr-6116L Judge Payson Background: The defendant had been charged in six counts of a seven-count indictment. A grand jury returned a superseding indictment charging him with two new offenses: a second count of maintaining a premises to distribute and manufacture cocaine, and a second [...]

WDNY — Bankruptcy: Eastman Kodak Company v. Collins Ink Corporation

By Daily Record Staff
POSTED: May 15, 2012
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U.S. District Court, WDNY Bankruptcy Automatic Stay Eastman Kodak Company v. Collins Ink Corporation 11-cv-6513L Judge Payson Background: The defendant provided ink to the plaintiff for use in its commercial ink-jet printers for over a decade. After the parties’ most recent three-year agreement, the defendant unilaterally terminated the agreement. The plaintiff brought an action for [...]

WDNY — Civil Forfeiture: USA v. Sum of $185,336.07 seized from Citizen’s Bank Account

By Daily Record Staff
POSTED: May 8, 2012
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U.S. District Court, WDNY   Civil Forfeiture Controlled Substances Act U.S.A. v. Sum of $185,336.07 seized from Citizen’s Bank Account L7N-01967 08-cv-6287L Judge Larimer   Background: The U.S. commenced an in rem forfeiture action on the grounds that the claimant the sum was furnished, or was intended to be furnished, in connection to an illegal exchange [...]

WDNY — Fibromyalgia: Sublette v. Astrue

By Daily Record Staff
POSTED: April 30, 2012
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U.S. District Court, WDNY Fibromyalgia Disabling Impairment — Weight of Physician’s Reports Sublette v. Astrue 10-CV-6299L Judge Larimer   Background: The plaintiff appealed from the determination by the commissioner of Social Security that denied her claim for disability insurance benefits and supplemental security income benefits. The administrative law judge had found that the plaintiff’s fibromyalgia [...]

WDNY — New Trial: Rivers v. City of Rochester (access required)

By Daily Record Staff
POSTED: April 26, 2012
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U.S. District Court, WDNY New Trial Weight of Evidence — ‘Batson’ Challenges Rivers v. City of Rochester 06-cv-6391L Judge Larimer Background: The plaintiff brought a Section 1983 action against the defendant alleging false arrest, false imprisonment and excessive force. The action arose from a forcible mental hygiene arrest involving the Rochester Police Department officers who [...]

WDNY — Due Process: Molano v. Bezio

By Daily Record Staff
POSTED: April 25, 2012
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U.S. District Court, WDNY Due Process Inmate Hearings — Qualified Immunity Molano v. Bezio 10-cv-6481L Judge Larimer Background: The plaintiff brought an action against the director of the Special Housing and the Inmate Discipline Program alleging that during his incarceration he was denied due process of law with regard to a disciplinary hearing. The plaintiff [...]

WDNY — Employment and Re-employment Rights Act: Evans v. MassMutual Financial Group (access required)

By Daily Record Staff
POSTED: April 24, 2012
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U.S. District Court, WDNY Employment and Re-employment Rights Act Independent Contractor Evans v. MassMutual Financial Group 09-cv-6028L Judge Larimer Background: The plaintiff, a member of the New York Army National Guard, was called to duty in Iraq. At that time he was working for the defendant, but on his return, the defendant did not reinstate him [...]

WDNY — Domestic Transactions: Absolute Activist v. Ficeto (access required)

By Daily Record Staff
POSTED: April 19, 2012
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U.S. District Court, WDNY Domestic Transactions Subject Matter Jurisdiction Absolute Activist v. Ficeto 11-221 Judges Newman, Winter and Katzmann Background: The plaintiffs, nine Cayman Islands hedge funds, appealed the dismissal of their complaint with prejudice. The district court dismissed the complaint, sua sponte, for lack of subject matter jurisdiction as the complaint did not allege domestic [...]

WDNY — Value of Loss: Prendergast v. Pacific Insurance Company, Limited (access required)

By Daily Record Staff
POSTED: April 17, 2012
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U.S. District Court, WDNY Value of Loss Reliability of Appraisal — Question of Fact Prendergast v. Pacific Insurance Company, Limited 09-cv-6248P Judge Payson Background: The plaintiff sought a declaratory judgment that his sports card insurance policy issued by the defendant was in effect at the time that his collection was stolen and that he had [...]

WDNY — Spoliation of Evidence: Tracy v. NVR Inc.

By Daily Record Staff
POSTED: April 16, 2012
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U.S. District Court, WDNY Spoliation of Evidence Attorney-Client Privilege Tracy v. NVR Inc. 04-cv-6541L Judge Payson Background: The plaintiff commenced a collective action against the defendant, a public corporation engaged in the construction of homes, for the alleged denial of overtime pay under the Fair Labor Standards Act. After years of contentious discovery, the plaintiffs [...]

WDNY — Spoliation: Star Direct Telecom Inc. and United States Telesis Inc. v. Global Crossing Bandwdith Inc.

By Daily Record Staff
POSTED: April 12, 2012
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U.S. District Court, WDNY Spoliation Litigation Hold — Limitation of Liability Star Direct Telecom Inc. and United States Telesis Inc. v. Global Crossing Bandwdith Inc. 05-cv-6734T Judge Payson Background: The plaintiffs brought an action for breach of contract and the Communications Act and a number of tort claims. The plaintiffs moved for sanctions against for [...]

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