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U.S. District Court, WDNY – Removal to Federal Court: Crenshaw v. McNamara
U.S. District Court, WDNY – Removal to Federal Court – Consent – Remand to State Court – Timeliness of Motion Crenshaw v. McNamara 15-cv-6229L Judge Larimer Background: The pro se plaintiff commenced an action, in Clinton County, New York, against several employees of the Rochester Police Department, the Monroe County District Attorney’s Office, […]
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 his rights were violated when he was denied adequate medical care. The plaintiff had complained […]
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 plaintiff’s sister corporation concerning copyright and patent matters. Previously, the defendant’s motio[...]
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 disc disease, arthritis and asthma, her 41-years of age, and her minimal high school education, […]
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 patients taking readings of certain variable data, input the data into a computer, and transmit […]
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 items to be sold by the defendant. The items that the plaintiff would create were […]
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 subjected him to defamation, negligence and legal malpractice. The plaintiff was employed as executive health […]
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 they had purchased from the defendant. The defendant moved for summary judgment on the grounds […]
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. The defendant argues that the plaintiff’s claims are frivolous. The plaint[...]
U.S. District Court, WDNY – Social Security Disability: Borsching v. Colvin
U.S. District Court, WDNY – Social Security Disability – Treating Psychologist – Weight of Evidence Borsching v. Colvin 14-cv-6092L Judge Larimer Background: The plaintiff sought review of a determination of the commissioner of Social Security that she is not disabled under the Social Security Act. The administrative law judge found that the plaintiff […]
U.S. District Court, WDNY – Discrimination: Rivera v. Rochester Genesee Regional Transportation Authority
U.S. District Court, WDNY – Discrimination – Successive Motion for Summary Judgment – New Legal Basis Rivera v. Rochester Genesee Regional Transportation Authority 07-cv-6483L Judge Larimer Background: The plaintiff commenced an action against his employer, and two employees, asserting claims of workplace discrimination, harassment and retaliation based on race and na[...]
U.S. District Court, WDNY – Dismissal of Complaint: Apace Communications v. Burke
U.S. District Court, WDNY – Dismissal of Complaint – Noncompliance Apace Communications v. Burke 07-cv-6151L Judge Larimer Background: The complaint alleged that 13 defendants participated in a plan to fraudulently induce plaintiffs to invest millions of dollars in a company. After discovery, many of the defendants were dismissed from the action. After summary […]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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