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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.) Subject Matter Jurisdiction In FMC Corp. v. United States Environmental Protection Agency, No. 14-CV-487S (Jan. 31, 2017), plaintiff sought a declaratory judgment that the federal agency was required to act in conformance […]
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.) ERISA In Madden v. Bewley, et al., No. 16-CV-571(EAW) (Jan. 18, 2017), plaintiff sued decedent’s former employer, retirement system, and former spouse to establish the estate’s rights to the entirety of decedent’s […]
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.) Remand In Miller v. Geidel, No. 13-CV-90(MAT) (Dec. 12, 2016), plaintiffs filed a summons with notice in state court based upon an allegedly fraudulent financial scheme. Although a complaint had not been […]
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.) Personal Jurisdiction In Hume v. Farr’s Coach Lines, Ltd., No. 12-CV-6378FPG (Nov. 3, 2016), an action sounding in negligence, strict products liability and breach of warranty resulting from a collision between a […]
Western District Case Notes of Dec. 5, 2016
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. § 455, a federal judge must disqualify herself “in any proceeding in which [her] impartiality […]
Western District case notes of Nov. 8, 2016
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 product that injured him. After limited jurisdictional discovery, the distributor moved to dismiss the claim […]
Cases of interest from the Western NY District
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 a preliminary injunction. Among other things, the injunction prohibited defendants and all other persons and […]
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 state court to recover damages allegedly resulting from a motor vehicle accident. Upon removal, plaintiff […]
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 Income Guarantee Plan. When the plaintiffs left Xerox’s employ, they received a lump-sum distribution of […]
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 origin. The plaintiff, a custodial worker, alleged that he was entitled to a promotion and […]
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 Amendment. The plaintiff alleged a number of disciplinary write-ups were in retaliation for his fil[...]
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 an indicative ruling pursuant to Rule 62.1 of the Federal Rules of Civil Procedure. The […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- 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.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- 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
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