Job Discrimination: Zamot v. Monroe County Department of Human Services 
By Daily Record Staff
POSTED: September 22, 2010
Tags: gender-hostile environment, job discrimination, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Job Discrimination Gender-Hostile Environment Zamot v. Monroe County Department of Human Services 08-CV-6233 Judge Payson Background: Plaintiff Luis Zamot, acting pro se, filed suit against his former employer under Title VII of the Civil Rights Act. He alleges he was subjected to a hostile work environment based [...]
Bankruptcy: In Re Legacy Healthcare LLC
By Daily Record Staff
POSTED: September 21, 2010
Tags: Bankruptcy, stay pending appeal, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Bankruptcy Stay Pending Appeal In Re Legacy Healthcare LLC 09-CV-1102 Judge Arcara Background: Legacy Healthcare LLC moves for a stay pending its appeal to the Second Circuit of this court’s June 22 order vacating an injunction granted in its favor by Bankruptcy Judge Michael J. Kaplan. Judge [...]
Evidence: The Automobile Insurance Co. of Hartford v. Electrolux Home Products Inc.
By Daily Record Staff
POSTED: September 17, 2010
Tags: causation, evidence, expert testimony, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Evidence Expert Testimony — Causation The Automobile Insurance Co. of Hartford v. Electrolux Home Products Inc. 08-CV-623 Judge McCarthy Background: Before the court is the The Automobile Insurance Co. of Hartford’s motion to preclude the testimony of Thomas J. Bajzek, an expert witness of defendant Electrolux Home [...]
Searches: Haynes v. Zaporowski
By Daily Record Staff
POSTED: September 17, 2010
Tags: parole revocation, U.S. District Court, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Searches Parole Revocation Haynes v. Zaporowski 10-CV-224 Judge Arcara Background: Individual defendants David Zaporowski, Bobbi Huwyler, Jenny L. Welenta and Roberta Kane moved to set aside any entry of default filed against them and to dismiss the complaint filed by pro se plaintiff Timmie L. Haynes. The [...]
Secured Transactions: Preston Frankford Shopping Center v. Butler Dining Services LLC
By Daily Record Staff
POSTED: September 17, 2010
Tags: commercial rental, sale of property, secured transactions, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Secured Transactions Commercial Rental — Sale of Property Preston Frankford Shopping Center v. Butler Dining Services LLC 10-CV-6448 Judge Larimer Background: Preston, a Delaware corporation with its principal place of business in Rochester, N.Y., alleges that in July 2008, Preston and Butler — DBA Newk’s Café — [...]
Constitutional Torts: Murray v. Coleman
By Daily Record Staff
POSTED: September 17, 2010
Tags: constitutional torts, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Constitutional Torts Murray v. Coleman 08-CV-6383 Judge Larimer Background: The plaintiff, William A. Murray, proceeding pro se, brings action against a number of employees of the New York State Department of Correctional Services, and Judith Ratner, an employee of the Department of Civil Service. Murray alleges that, [...]
Clean Water Act: U.S. v. Acquest Transit LLC
By Daily Record Staff
POSTED: September 15, 2010
Tags: Clean Water Act, injunctions, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Clean Water Act Injunctions U.S. v. Acquest Transit LLC 09-CV-55 Judge Foschio Background: The defendant moves to vacate a preliminary injunction and for partial summary judgment. The U.S. government brought action Jan. 15, 2009, seeking injunctive relief and civil penalties for alleged violations by defendant Acquest Transit [...]
Job Discrimination: Malcolm v. Board of Education of the Honeoye Falls-Lima Central School District
By Daily Record Staff
POSTED: September 15, 2010
Tags: 'Res Judicata', job discrimination, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Job Discrimination ‘Res Judicata’ Malcolm v. Board of Education of the Honeoye Falls-Lima Central School District 08-CV-6577 Judge Larimer Background: Plaintiff Bernice Malcolm was employed by defendant Honeoye Falls-Lima Central School District from January 2001 until her resignation in July 2007, effective June 30, 2008. The instant [...]
Subrogation: Healthnow New York Inc. v. State of New York
By Daily Record Staff
POSTED: September 14, 2010
Tags: subrogation, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Subrogation Healthnow New York Inc. v. State of New York 10-CV-345 Judge Skretny Background: Plaintiff HealthNow New York Inc. brings action pursuant to Article I of the U.S. Constitution, 29 U.S.C. §1001, et seq., and 42 U.S.C. §1983, seeking declaratory and injunctive relief from the State of [...]
Job Discrimination: Garibaldi v. Anixter Inc.
By Daily Record Staff
POSTED: September 13, 2010
Tags: job discrimination, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Job Discrimination Garibaldi v. Anixter Inc. 05-CV-6075 Judge Larimer Background: The plaintiff filed a motion for, as the plaintiff styles it, an order Nunc Pro Tunc. This case was settled more than two years ago in 2008, however. The plaintiff and the defendant signed a stipulation dismissing [...]
Constitutional Torts: Bellet v. City of Buffalo
By Daily Record Staff
POSTED: September 10, 2010
Tags: constutional torts, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Constitutional Torts Bellet v. City of Buffalo 03-CV-27 Judge McCarthy Background: Before the Court are plaintiff’s amended motion for a default judgment as to defendant Maureen McNamara and motion for recusal. Plaintiff commenced this 42 U.S.C. §1983 action pro se. According to plaintiff, defendant Maureen McNamara is [...]
Social Security: Fuller v. Astrue
By Daily Record Staff
POSTED: September 10, 2010
Tags: Social Security, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Social Security Fuller v. Astrue 09-CV-6559 Judge Telesca Background: Plaintiff Dana M. Fuller brings this action pursuant to 42 U.S.C. §405(g) of the Social Security Act seeking review of a final decision of the Commissioner of Social Security denying her application for Disability Insurance Benefits. Fuller was [...]
