ERISA: Milgram v. Orthopedic Associates 
By Daily Record Staff
POSTED: August 12, 2010
Tags: ERISA, U.S. District Court Northern District of New York
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 [...]
Negligence: Partain-Hartigan v. Grandfreight Global LLC
By Daily Record Staff
POSTED: July 29, 2010
Tags: conflicting recollections, negligence, U.S. District Court Northern District of New York
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 [...]
Petroleum Marketing: Jimico Enterprises Inc. v. Lehigh Gas Corp.
By Daily Record Staff
POSTED: July 29, 2010
Tags: petroleum marketing, U.S. District Court Northern District of New York
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 [...]
Social Security: Seaton v. Astrue
By Daily Record Staff
POSTED: July 26, 2010
Tags: credibility determinations, Social Secuirty, U.S. District Court Northern District of New York
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 [...]
Antitrust: Fleischman v. Albany Medical Center
By Daily Record Staff
POSTED: July 23, 2010
Tags: antitrust, conspiracy to depress wages, nonpublic information sharing, U.S. District Court Northern District of New York
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 [...]
Arbitration: Samaritan Medical Center v. Local 1199
By Daily Record Staff
POSTED: July 20, 2010
Tags: Arbitration, judicial review of award, U.S. District Court Northern District of New York
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) [...]
ERISA: Oswego Laborers’ Local 212 v. Western New York Contractors Inc.
By Daily Record Staff
POSTED: July 20, 2010
Tags: ERISA, U.S. District Court Northern District of New York
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 [...]
Job Discrimination: Johnson v. Department of Homeland Security
By Daily Record Staff
POSTED: July 13, 2010
Tags: job discrimination, U.S. District Court Northern District of New York
U.S. District Court, Northern District of New York Job Discrimination Johnson v. Department of Homeland Security 09-CV-975 Judge McAvoy Background: The plaintiff filed the instant action against the U.S. Department of Homeland Security, the Secretary of the Department of Homeland Security, the U.S. Transportation Security Administration and the Acting Administrator of the U.S. Transportation Security [...]
Social Security: Osborne v. Commissioner of Social Security
By Daily Record Staff
POSTED: July 12, 2010
Tags: Social Security, U.S. District Court Northern District of New York
U.S. District Court, Northern District of New York Social Security Osborne v. Commissioner of Social Security 07-CV-314 Judge Kahn Background: In June 2003, Amanda L. Osborne filed an application for SSI and disability insurance benefits under the Social Security Act. The plaintiff alleged she had been unable to work since Jan. 31, 2003. The commissioner [...]
Default Judgment: Cirigliano v. Village of Afton
By Daily Record Staff
POSTED: July 12, 2010
Tags: default judgment, municipalities, U.S. District Court Northern District of New York
U.S. District Court, Northern District of New York Default Judgment Municipalities Cirigliano v. Village of Afton 09-CV-298 Judge Kahn Background: Pursuant to Federal Rule of Civil Procedure 55, plaintiffs Scott R. Cirigliano Sr. and Kelli Cirigliano, individually and on behalf of the designated infant children A.L.C., A.J.C. and S.R.C. Jr. have moved the court to [...]
Breach of Contract: Consolidated Risk Services Inc. v. Automobile Dealers WC Self Insurance Trust
By Daily Record Staff
POSTED: July 12, 2010
Tags: breach of contract, U.S. District Court Northern District of New York
U.S. District Court, Northern District of New York Breach of Contract Consolidated Risk Services Inc. v. Automobile Dealers WC Self Insurance Trust 06-CV-871 Judge Scullin Background: The plaintiff, an insurance trust administrator, filed a breach-of-contract action in the Eastern District of Pennsylvania, alleging the defendant, a self-insured trust, terminated it without cause. On June 21, [...]
Social Security: Hoffman v. Astrue
By Daily Record Staff
POSTED: May 21, 2010
Tags: U.S. District Court Northern District of New York
U.S. District Court, Northern District of New York Social Security Attorneys’ Fees Hoffman v. Astrue 09-CV-669 Judge Scullin Background: The court previously approved a consent order reversing the Social Security Administration’s final order as to benefits and remanded the case for further action. On April 29, the plaintiff filed a motion for attorney’s fees pursuant [...]
