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Judgments: Otto v. Saia (access required)

By Daily Record Staff
POSTED: December 30, 2010
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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 favor of the plaintiff against defendant [...]

Constitutional Torts: Haynes v. Zaporowski (access required)

By Daily Record Staff
POSTED: December 30, 2010
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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 asserted, in one way or another, [...]

Tax Foreclosure: Albert and Francis vs. Watkins Glen International Inc. (access required)

By Daily Record Staff
POSTED: December 29, 2010
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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 their liberty and property without due [...]

ERISA: Trapp v. Reliance Standard Life Insurance Co. (access required)

By Daily Record Staff
POSTED: December 29, 2010
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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 to this court pursuant to 28 [...]

ERISA: Buffalo Laborers’ Welfare Fund v. D. Land Construction Company Inc. (access required)

By Daily Record Staff
POSTED: October 1, 2010
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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 attorneys’ fees, costs and disbursements.  The [...]

Federal Jurisdiction: Scipar Inc. v. Chubb Corporation (access required)

By Daily Record Staff
POSTED: October 1, 2010
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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 Insurance Co., filed a notice of removal [...]

Contribution: ProMaxima Manufacturing Ltd. v. M-F Athletic Company Inc. (access required)

By Daily Record Staff
POSTED: September 30, 2010
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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 sold to Woodcliff by M-F [...]

Discovery: Lunts v. Rochester City School District (access required)

By Daily Record Staff
POSTED: September 30, 2010
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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. The plaintiffs have filed motions for [...]

Trials: Wagner v. The Sherwin-Williams Co. (access required)

By Daily Record Staff
POSTED: September 28, 2010
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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 no more than two or three [...]

ADA: Hoffman v. Williamsville Central School District (access required)

By Daily Record Staff
POSTED: September 27, 2010
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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 moved pursuant to Federal Rule [...]

Insurance: Woodworth v. Erie Insurance Co. (access required)

By Daily Record Staff
POSTED: September 22, 2010
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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 additional living expenses, is before the [...]

Bankruptcy: In Re CNB International Inc. (access required)

By Daily Record Staff
POSTED: September 22, 2010
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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 the CNB International Inc. Litigation Trust [...]

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