Judgments: Otto v. Saia 
By Daily Record Staff
POSTED: December 30, 2010
Tags: Case Digests, Judgments, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Judgments Satisfaction — Discovery Otto v. Saia 04-CV-494 Judge Arcara Background: Currently before the court is a motion by the plaintiff, Hajo Otto, for an order compelling the judgment-debtor, Samuel Saia, and others to comply with post-judgment discovery requests. On Nov. 20, 2009, judgment was entered in [...]
Constitutional Torts: Haynes v. Zaporowski
By Daily Record Staff
POSTED: December 30, 2010
Tags: Case Digests, constitutional torts, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Constitutional Torts Rights of Parolee — Violations of Parole Haynes v. Zaporowski 10-CV-224 Judge Arcara Background: On March 17, the plaintiff commenced this case by filing a complaint that set forth 11 different claims under §1983 against various combinations of the named defendants. All 11 claims ultimately [...]
Tax Foreclosure: Albert and Francis vs. Watkins Glen International Inc.
By Daily Record Staff
POSTED: December 29, 2010
Tags: Case Digests, tax foreclosure, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Tax Foreclosure Due Process — Constitutional Liberties Albert and Francis vs. Watkins Glen International Inc. 10-CV-6613 Judge Siragusa Background: In their amended complaint, the plaintiffs raise seven causes of action against the defendant and the sheriff’s department. In the first, they allege the defendants deprived them of [...]
ERISA: Trapp v. Reliance Standard Life Insurance Co.
By Daily Record Staff
POSTED: December 29, 2010
Tags: Case Digests, ERISA, U.S. District Court Western District of New York
U.S. District Court, Western District of New York ERISA Short-Term Disability Insurance — Medical Disorders Arising Out of Work Trapp v. Reliance Standard Life Insurance Co. 07-CV-835 Judge Curtin Background: This action was commenced by the filing of a summons and verified complaint in Buffalo, N.Y., City Court on Nov. 15, 2007, and was removed [...]
ERISA: Buffalo Laborers’ Welfare Fund v. D. Land Construction Company Inc.
By Daily Record Staff
POSTED: October 1, 2010
Tags: default, ERISA, U.S. District Court Western District of New York
U.S. District Court, WDNY ERISA Default Buffalo Laborers’ Welfare Fund v. D. Land Construction Company Inc. 08-CV-746 Judge Curtin Background: In this action, brought pursuant to section 301 of the Labor Management Relations Act and the Employment Retirement Income Security Act, the plaintiffs seek to recover unpaid fringe benefit contributions, interest, statutory damages and reasonable [...]
Federal Jurisdiction: Scipar Inc. v. Chubb Corporation
By Daily Record Staff
POSTED: October 1, 2010
Tags: Corporations, diversity, Federal Jurisdiction, U.S. District Court Western District of New York
U.S. District Court, WDNY Federal Jurisdiction Diversity — Corporations Scipar Inc. v. Chubb Corporation 09-CV-128 Judge Skretny Background: The plaintiff, Scipar Inc., commenced this action on Nov. 18, 2008, by filing a summons and complaint in New York State Supreme Court, County of Erie. On Feb. 9, 2009, the defendants, Chubb Corporation and Federal [...]
Contribution: ProMaxima Manufacturing Ltd. v. M-F Athletic Company Inc.
By Daily Record Staff
POSTED: September 30, 2010
Tags: contribution, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Contribution ProMaxima Manufacturing Ltd. v. M-F Athletic Company Inc. 05-CV-6735 Judge Siragusa Background: On May 16, 2004, at approximately 7:30 a.m., plaintiff Louis Bloom was working out at the fitness center located at The Lodge at Woodcliff. He was using a Roman chair manufactured by ProMaxima and [...]
Discovery: Lunts v. Rochester City School District
By Daily Record Staff
POSTED: September 30, 2010
Tags: discovery, sanctions, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Discovery Sanctions Lunts v. Rochester City School District 07-CV-6272 Judge Feldman Background: The plaintiff, Ellen Lunts, was employed by Empire State College in Rochester from 2004 to 2006. The plaintiffs allege that Ellen was harassed and retaliated against because of her national origin, ethnicity, sex and age. [...]
Trials: Wagner v. The Sherwin-Williams Co.
By Daily Record Staff
POSTED: September 28, 2010
Tags: bifurcation, trials, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Trials Bifurcation Wagner v. The Sherwin-Williams Co. 05-CV-745 Judge Arcara Background: Plaintiffs Maria and Kevin Wagner moved to bifurcate the liability and damages phases of the trial scheduled for Oct. 20. In support of their motion, the plaintiffs contend the liability phase is straightforward and would take [...]
ADA: Hoffman v. Williamsville Central School District
By Daily Record Staff
POSTED: September 27, 2010
Tags: ADA, U.S. District Court Western District of New York
U.S. District Court, Western District of New York ADA Hoffman v. Williamsville Central School District 09-CV-1065 Judge Curtin Background: Plaintiff Linda Maher Hoffman, an employee of the school district since 1984, brought action against the Williamsville Central School District for employment discrimination in violation of Title VII and the Americans With Disabilities Act. The defendant [...]
Insurance: Woodworth v. Erie Insurance Co.
By Daily Record Staff
POSTED: September 22, 2010
Tags: consequential damages, Insurance, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Insurance Consequential Damages Woodworth v. Erie Insurance Co. 05-CV-6344 Judge Siragusa Background: The plaintiffs seek to recover amounts they maintain they are owed to them under a homeowner’s insurance policy issued by the defendant. The defendant’s motion for partial summary judgment on the plaintiff’s claim, which seeks [...]
Bankruptcy: In Re CNB International Inc.
By Daily Record Staff
POSTED: September 22, 2010
Tags: Bankruptcy, fraudulent conveyances, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Bankruptcy Fraudulent Conveyances In Re CNB International Inc. 99-11240 Judge Arcara Background: The appeal concerns the liability of Lloyds TSB Bank plc for funds it received as the result of a constructively fraudulent conveyance in 1996. U.S. Bankruptcy Judge Carl L. Bucki determined Lloyds was liable to [...]
