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Recent Articles from Bennett Loudon
Court of Appeals reverses assault verdict
New York state’s highest court has reversed a guilty verdict and granted a new trial in a murder case because the prosecution failed to provide the defense with potentially exculpatory evidence. The defendant, Rong He, was convicted of two counts of second-degree assault and fourth-degree criminal possession of a weapon. He was found guilty of […]
Lawsuit filed over domestic violence reports
The Legal Aid Society of Rochester has filed a class-action lawsuit claiming the Rochester Police Department routinely fails to provide legally required documents to domestic violence victims. The 19-page complaint filed Friday in state Supreme Court aims to force police officers to comply with a New York state law that requires officers investigating domestic violence […]
Second Circuit upholds dismissed charge
The U.S. Court of Appeals for the Second Circuit has upheld a District Court decision to dismiss a drug charge because of a contradictory jury verdict. On July 28, 2016, after a six-week trial, James Kendrick, his brother, Pablo “Paul” Plaza, and their mother, Janine Plaza-Pierce, were convicted of conspiracy to possess with intent to […]
Paralegals hold convention in Rochester
About 300 paralegals from across the country gathered in Rochester last week for the 2019 National Federation of Paralegal Associations (NFPA) convention. The organization was supposed to hold the even in Rochester in the fall of 2001, but that meeting was cancelled because of the 9/11 terrorist attacks. The National Susan B. Anthony Museum & […]
Lockport judge censured
The New York State Commission on Judicial Conduct has censured Lockport City Court Judge Thomas A. DiMillo for presiding over more than 2,500 civil cases involving the Cornerstone Community Federal Credit Union (CCFCU), where DiMillo’s brother is a board member. DiMillo, who also is an acting judge of Niagara County Family Court, agreed to the […]
McFadden admits to new fraud charge
Former Rochester City Councilman Adam C. McFadden, who is already awaiting sentencing on federal fraud and tax evasion convictions, on Wednesday pleaded guilty in a separate case to one count of wire fraud. U.S. District Court Judge Elizabeth A. Wolford, who accepted the plea and released McFadden on routine conditions, scheduled sentencing for both sets […]
Home health aides win class-action lawsuit
The owner of the largest home health-care agency in the Rochester area must pay more than $1 million in unpaid wages, penalties and attorney’s fees for violating state labor laws. In January, U.S. District Court Judge Frank P. Geraci Jr. certified the class-action lawsuit on behalf of current and former employees of Angels in Your […]
Leo Kesselring retiring at 86
Leo J. Kesselring has retired. Really. Kesselring, an attorney who was prominent in Conservative Party politics for decades and later shifted his focus to residential real estate investing, said he attempted to retire a couple other times, but he got “bursts of energy to come back.” “I’ve been told no one will attend my retirement […]
Judicial candidates share their views
The Greater Rochester Association for Women Attorneys hosted a judicial candidate forum on Thursday at the offices of Nixon Peabody LLP. Only Democratic judicial candidates participated in the luncheon event. Republicans declined the invitation, or did not respond, according to GRAWA officials. The Republican candidates also did not participate in GRAWA’s judicial candidate evaluation process. [[...]
General counsel salaries increasing with duties
In the 13 years since she became the top legal officer at Paychex Inc., Stephanie L. Schaeffer’s job description has changed significantly. While she still oversees all of the traditional legal functions, like litigation, contracts, mergers and acquisitions, and regulatory compliance, Schaeffer also is now involved in more business-related areas, such as product development, […]
Harris Beach wins big in patent cases
Harris Beach PLLC has recently won judgments totaling more than $39 million for clients in separate patent infringement cases. In August, Harris Beach attorneys won a $12 million judgment in U.S. District Court for the Western District of New York for Macedon-based Izzo Golf Inc. Also in August, the firm won a $27.7 million judgment […]
Adrian Neil is a ‘lifelong learner’
Adrian Neil entered the University of Rochester expecting to become an engineer, but he wound up getting a bachelor’s degree in political science and English and becoming a lawyer. “College is about figuring out what you really like, and what you’re good at, and I was good at that,” said Neil, associate counsel for the […]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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