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U.S. District Court

WDNY: ERISA: Frommert, et al. v Becker

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 ...

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WDNY – Employment Discrimination: Lotocky v. Elmira City School District

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 ...

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WDNY – First Amendment: Washington v. Donahue

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 ...

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WDNY – Indicative Motion: Medgraph, Inc. v. Medtronic, Inc.

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 ...

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WDNY – Social Security Disability: Perkins v. Commissioner of Social Security

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 ...

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WDNY – Social Security Disability: Westfall v. Colvin

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 ...

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WDNY – Motion to Reconsider: Security Plans, Inc. v. Cuna Mutual Insurance Society

U.S. District Court, WDNY Motion to Reconsider Claim Dismissed by Request – Abandoned Legal Issue Security Plans, Inc. v. Cuna Mutual Insurance Society 08-CV-6313L Judge Larimer Background: In this contract dispute, at issue is a motion asking the District Court ...

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WDNY – Employment Discrimination: Postell v. Rochester City School District

U.S. District Court, WDNY Employment Discrimination Adverse Employment Action – Policy Maker Postell v. Rochester City School District 11-cv-6550L Judge Larimer Background: The plaintiff is an African-American woman and a former employee of the defendant. She alleged that the defendants ...

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WNDY – Age Discrimination: Paraka v. University of Rochester

U.S. District Court, WNDY Age Discrimination Lack of Required Skills – Failure to Improve Paraka v. University of Rochester 13-cv-6483L Judge Larimer Background: The plaintiff commenced an action against her former employer alleging that she was terminated from her employment ...

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WDNY – Eighth Amendment: Lawrence v. Evans

U.S. District Court, WDNY Eighth Amendment Failure to Provide Medical Care – Deliberate Indifference Lawrence v. Evans 14-cv-6444L Judge Larimer Background:  The pro se plaintiff is an inmate in the custody of the New York State Department of Corrections and ...

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WDNY – Eighth Amendment: Downey v. Sheahan

U.S. District Court, WDNY Eighth Amendment Unauthorized Incarceration – Brief Delay in Release Downey v. Sheahan 15-cv-6129L Judge Larimer Background: The plaintiff alleged that five employees of the Five Points Correctional Facility violated his rights by causing him to serve ...

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