Recent Articles from Bennett Loudon
Florida men admit to Xerox toner scheme
Three Florida men have admitted to scamming Xerox Corp. out of about $20 in potential revenue. David Haynes, Kyle Haynes, and Bryan Day, pleaded guilty Friday before U.S. District Court Judge Elizabeth A. Wolford to charges related to a scheme to defraud Xerox. Kyle Haynes and Day pleaded guilty to conspiracy to commit wire fraud […]
Geraci foresees new federal courthouse — someday
It could be a decade or more before it’s completed, but preliminary planning work has begun for a new federal courthouse in Rochester. The Kenneth B. Keating Federal Building at 100 State St. “has outlived its life,” Chief U.S. District Court Judge Frank P. Geraci Jr. said during remarks at the Federal Court Dinner on […]
Fourth Department – Child custody: Relocation – New job – Resignation Eason v. Bowick
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Relocation – New job – Resignation Eason v. Bowick CAF 17-01608 Appealed from Family Court, Monroe County Background: The petitioner mother appealed from an order that denied her relocation petition and directed that the mother not relocate with the subject child outside of […]
Harris Beach PLLC names new managing partner
Heidi Schult Gregory, leader of the health care industry team at Harris Beach PLLC, is the firm’s new managing partner for the Rochester office. She replaces Phillip G. Spellane, who was managing partner for four years. Spellane now will continue with his business and commercial litigation practice and serve on the firm’s compensation committee. “She […]
Legal consensus rejects Trump claim that he can end birthright citizenship
WASHINGTON – President Donald Trump resurrected a much-debated but rarely tested legal question when he said he planned to issue an executive order that would end the automatic grant of citizenship to those born in this country to noncitizens. Legal experts have debated for years how to interpret the citizenship clause of the Constitution’s 14th […]
Trump’s quiet visit meets hostility in Pittsburgh
President Donald Trump visited a grief-stricken Pittsburgh on Tuesday in a trip meant to unify after tragedy, but his arrival provoked protests from residents and consternation from local officials in the aftermath of the synagogue shooting that left 11 people dead. The hastily planned day trip – which the city’s mayor urged Trump not to […]
Demonstrators support climate change plaintiffs
About 100 young people and adults gathered at the federal courthouse in downtown Rochester Monday to show support for the plaintiffs in a lawsuit that aims to change the way the government addresses climate change. The demonstration, one of about 60 planned nationwide, was originally scheduled to coincide with the start of the trial in […]
Legal community mourns death of Mary Beth Feindt
Attorney Mary Beth Feindt, recognized for her work in Family Court, died unexpectedly early Monday. Feindt, 53, had been courtroom deputy for U.S. District Court Judge Frank P. Geraci Jr. since August. Before that, she was CLE program manager at the Monroe County Bar Association. “This morning Rochester lost a great woman, lawyer and advocate, […]
Webster Golf Club members sue for dues
Fifteen members of Webster Golf Club are suing the owners, claiming their membership fees, totaling about $160,000, have not been returned to them after 10 years, as promised. According to the complaint filed Wednesday in state Supreme Court, the plaintiffs were offered lifetime memberships in April 2008 with the understanding that the “fees would be […]
Attorneys honored at Federal Court Dinner
Four western New York attorneys were honored Thursday at the 28th annual Western District of New York Federal Court Dinner. Abigail Giarusso and Brendon Fleming received the 2018 Pro Bono Award for their work representing four Muslim men who claimed their religious rights were violated while incarcerated in state prison. William Easton and Herbert Greenman […]
Federal civil rights suit dismissed
A federal judge has dismissed a lawsuit filed against Monroe County and Rochester officials by a man whose robbery conviction was overturned. In May 2011, Hector Valentin filed the pro se civil rights complaint claiming his due process rights were violated and he was maliciously prosecuted. On Wednesday, U.S. District Court Judge Charles J. Siragusa […]
Xerox fatal robbery case will stay in Rochester
A federal judge has denied a request to move the case of Richard Leon Wilbern, the man accused of committing a fatal robbery at the Xerox credit union in 2003. Wilbern’s lawyer, Assistant Federal Public Defender Anne M. Burger, requested that the case be transferred to the Buffalo division of the U.S. District Court for […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- 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
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