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(This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission.) Remand In Miller v. Geidel, No. 13-CV-90(MAT) (Dec. 12, 2016), plaintiffs filed a summons with notice in ...

Tagged with: Western District Case Notes Western District of New York

(This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission.) Personal Jurisdiction In Hume v. Farr’s Coach Lines, Ltd., No. 12-CV-6378FPG (Nov. 3, 2016), an action sounding ...

Tagged with: Western District Case Notes

Recusal In Barnes v. Harling, et al., No. 10-CV-6164EAW (Oct. 12, 2016), plaintiff sought to recuse the District Judge based on allegations of bias and his disagreement with the judge’s earlier decisions.  The court noted first that, under 28 U.S.C. ...

Tagged with: Western District Case Notes

Personal jurisdiction In Albino v. Global Equip. USA, Ltd., No. 14-cv-06519(MAT) (Aug. 18, 2016), plaintiff asserted strict products liability and negligence causes of action against an out of state distributor, claiming that the distributor brokered the sale of a defective ...

Tagged with: Western District Case Notes

Stay of State Court Proceedings In FTC v. 4 Star Resolution, LLC, No. 15-CV-112S (Aug. 8, 2016), the Federal Trade Commission obtained an ex parte temporary restraining order freezing defendants’ assets and appointing a Receiver, which was later converted into ...

Tagged with: Western District Case Notes

(This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission.) Removal In Iqbal v. Normandin Transit, Inc., No. 15-CV-746A (July 1, 2016), plaintiff commenced an action in ...

U.S. District Court for the Western District of New York ERISA Subsequent Employment – Proper Calculation of Benefits – Failure to Provide Notice Frommert, et al. v. Becker 00-CV-6311L Judge Larimer Background: The plaintiffs were participants in the Xerox Retirement ...

U.S.DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK EMPLOYMENT DISCRIMINATION Prima Facie Case – Prior Promotions Lotocky v. Elmira City School District 13-cv-6298L Judge Larimer Background: The plaintiff commenced an action alleging employment discrimination on the basis of national ...

U.S. District Court, WDNY First Amendment Retaliation – Prisoner Write-ups Washington v. Donahue 11-cv-6176L Judge Larimer Background: The pro se plaintiff commenced an action against employees and officials of Southport Correctional Facility alleging unlawful retaliation in violation of the First ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Indicative Motion Basis for Relief – Underlying Predicate Motion Medgraph, Inc. v. Medtronic, Inc. 09-CV-6610L Judge Larimer Background: Following summary judgment for the defendant dismissing the complaint against it, the plaintiff has filed a motion for ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Social Security Disability Disabled – Work Capacity Perkins v. Commissioner of Social Security 14-cv-6400L Judge Larimer Background: The plaintiff sought review of the administrative law judge’s decision that she was not disabled under the Social Security ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Social Security Disability Credibility – Inconsistent Opinion from Treating Physician Westfall v. Colvin 13-cv-6504L Judge Larimer Background: The plaintiff appealed from the denial of disability benefits on the grounds that she was not disabled. Ruling: The ...

Tagged with: Social Security Disability U.S. District Court WDNY