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WDNY — Discrimination: Wilson-Richardson v. Regional Transit Service Inc.
U.S. District Court, WDNY Discrimination Underlying Administrative Proceedings — Subject Matter Jurisdiction Wilson-Richardson v. Regional Transit Service Inc. 10-cv-6226L Judge Larimer Background: The plaintiff commenced an action pursuant to the Americans with Disabilities Act and the New York Human Rights Law alleging that her former employer discriminated against her on the basis of race, co[...]
WDNY — ERISA — Plan Summary: Miles v. Corning Inc. Long Term Disability Plan
U.S. District Court, WDNY ERISA — Plan Summary Breach of Fiduciary Duty — Speculative Harm Miles v. Corning Inc. Long Term Disability Plan 12-cv-6063L Judge Larimer Background: The plaintiff, a former employee of Corning Incorporated and a participant in its long term disability plan, brought an action against the plan, claiming that her long term […]
U.S. Bankruptcy Court, WDNY — Mortgagee’s Objection: In re Michele L. Hurd
U.S. Bankruptcy Court, WDNY Mortgagee’s Objection Secured Property Partially Divided In re Michele L. Hurd 12-13377B Judge Bucki Background: At issue was whether Section 1325(a)(5) of the Bankruptcy Code allowed a court to overrule a mortgagee’s objection to a plan that proposes to divide the collateral into two parcels: one to be abandoned and the […]
WDNY — Age Discrimination: Focarazzo v. University of Rochester
U.S. District Court, WDNY Age Discrimination Satisfactory Performance Focarazzo v. University of Rochester 10-cv-6285L Judge Larimer Background: The plaintiff commenced an action against her former employer alleging age discrimination. The plaintiff worked in several secretarial positions before being hired as the administrative assistant to the associate dean for academic affairs for the universi[...]
WDNY — Medical Malpractice: Perez v. County of Monroe
U.S. District Court, WDNY Medical Malpractice Prisoner Disagreement with Treatment Perez v. County of Monroe 10-cv-6216L Judge Larimer Background: The pro se plaintiff filed a Section 1983 action, alleging claims arising out of events that occurred while he was confined at the Monroe County Jail. The defendants moved for summary judgment and the plaintiff did […]
WDNY — Social Security Disability: Fee v. Astrue
U.S. District Court, WDNY Social Security Disability Vocational Expert — Transferable Skills Fee v. Astrue 11-cv-6625L Judge Larimer Background: The plaintiff sought review of the commissioner of Social Security’s determination that he was not disabled under the Social Security Act. The plaintiff alleged that he was disabled due to a number of health issues including […]
WDNY — Non-Exertional Limitations: Crayton v. Astrue
U.S. District Court, WDNY Non-Exertional Limitations Mental Impairments Crayton v. Astrue 11-cv-6617L Judge Larimer Background: The plaintiff appealed from the denial of her application for Supplemental Security Income benefits. The plaintiff alleged that she had an inability to work due to depression, arthritis, scoliosis, anxiety and asthma. The administrative law judge found the claimant not [&[...]
WDNY — Animal Owner Negligence: Hastings v. Sauve
U.S. District Court, WDNY Animal Owner Negligence Farm Animal Hastings v. Sauve No. 78 Judge Smith Background: The plaintiff was injured when her vehicle hit a cow on a public road. The plaintiff brought an action against the cow’s owners and the property owner where the cow was kept. The claimant alleged that the fencing […]
WDNY — Discrimination and Equal Pay: McCullough v. Xerox Corporation
U.S. District Court, WDNY Discrimination and Equal Pay Hostile Work Environment McCullough v. Xerox Corporation 12-cv-6405L Judge Larimer Background: The plaintiff brought an action against her former employer alleging that she was discriminated against because of her race and gender. She also alleged retaliation for opposing such discrimination. The plaintiff argued that she was paid […]
WDNY — Defendant Identification: United States v. Young
U.S. District Court, WDNY Defendant Identification Independently Reliable Basis — Extensive Contact United States v. Young 10-cr-6211L Judge Payson Background: The defendant moved to suppress a photographic identification made by a cooperating government witness. A bifurcated Wade hearing was conducted to consider only whether the identification procedure was unduly suggestive. At the first hear[...]
WDNY — Forum Selection Clause: Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al.
U.S. District Court, WDNY Forum Selection Clause Mandatory — Removal to State Court Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al. 12-cv-6424L Judge Larimer Background: The parties consented to hearing a landlord-tenant dispute concerning a shopping mall in Dallas, Texas, in the Western District of New York. Two defendants moved to […]
WDNY — Class Certification: Tracy, et al. v. NVR Inc.
U.S. District Court, WDNY Class Certification Similarly Situated Tracy, et al. v. NVR Inc. 04-cv-6541L Judge Larimer Background: The plaintiff, on behalf of himself and a class of plaintiffs, brought an action pursuant to the Fair Labor Standards Act, alleging that they were not properly compensated for overtime compensation. The defendant moved to decertify the […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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