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U.S. District Court

U.S. Courts weathering storms

Federal courts have greatly improved their response to natural disasters in the last decade, according to a new U.S. Courts video, released in observance of National Preparedness Month. The video, available under “judiciary news” at www.uscourts.gov, details lessons from four weather ...

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WDNY – Aguirre v. Kendra

U.S. District Court, WDNY Inmate – Due Process Pro Se – Replead Aguirre v. Kendra 14-cv-6346L Judge Larimer Background: The pro se plaintiff commenced an action alleging that, while he was an inmate in custody of the defendants, violated his ...

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WDNY – Cadet v. Colvin

U.S. District Court, WDNY Treating Physician Rule Incomplete Record – ALJ’s Duty to Obtain Medical Records Cadet v. Colvin 13-cv-6450L Judger Larimer Background: The plaintiff appealed from the denial of disability insurance benefits and Social Security income by the Commissioner ...

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WDNY – White v. Clement

U.S. District Court, WDNY Eighth Amendment Adequate Medical Care – Pro Se Litigant White v. Clement 14-cv-6100L Judge Larimer Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, alleged that ...

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U.S. District Court, WDNY – Legal Malpractice: Oak Forest Products, Inc. et al v. Hiscock & Barclay

U.S. District Court, WDNY – Legal Malpractice – Settlement Due to Negligence   Oak Forest Products, Inc. et al v. Hiscock & Barclay 12-cv-6453L Judge Larimer   Background: The plaintiff alleges legal malpractice related to the defendant’s representation of the ...

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WDNY – Nelson v. Colvin

U.S. District Court, WDNY SSD Sufficient Evidence – Judge’s Rationale Nelson v. Colvin 14-CV-6430L Judge Larimer Background: The plaintiff sought review of a final determination that she is not disabled under the Social Security Act. She alleged cervical and lumbar ...

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WDNY – Medgraph, Inc. v. Medtronic, Inc.

U.S. District Court, WDNY Patent Infringement Direct vs. Indirect – Induced Infringement Medgraph, Inc. v. Medtronic, Inc. 09-cv-6610L Judge Larimer Background: The case involves two patents concerning health care technology. The patents related to a method whereby medical practitioners or ...

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U.S. District Court, WDNY – Copyright: McDonald v. K-2 Industries, Inc.

U.S. District Court, WDNY – Copyright – Substantial Similarity – Aggregated Copyright Claims   McDonald v. K-2 Industries, Inc. 09-CV-6357L Judge Larimer   Background: The plaintiff entered into an Artist Letter Agreement wherein she agreed to create and design gift ...

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U.S. District Court, WDNY – Spring v. County of Monroe

U.S. District Court, WDNY First Amendment – Prior Restraint Employee Speech – Matter of Public Concern Spring v. County of Monroe 13-cv-6662L Judge Larimer Background: The plaintiff alleged that the defendants deprived him of his right to free speech and ...

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U.S. District Court, WDNY – Insurance Contract: Ellison v. Allstate Indemnity Company

U.S. District Court, WDNY – Insurance Contract – Water Damage – Accidental Event   Ellison v. Allstate Indemnity Company 12-cv-6261L Judge Larimer   Background: The plaintiffs commenced an action seeking coverage for water damage pursuant to a property insurance policy ...

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U.S. District Court, WDNY – Discrimination: Lotocky v. Elmira City School District

U.S. District Court, WDNY – Discrimination – Plaintiff’s Subjective Beliefs – Frivolous   Lotocky v. Elmira City School District 13-cv-6298L Judge Larimer   Background: The plaintiff commenced an action against his employer asserting claims of national origin-based discrimination and retaliation. ...

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