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[...]
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 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 […]
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[...]
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 […]
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 […]
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 [&[...]
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 […]
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 […]
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 […]
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 […]
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