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Attorneys' fees in frivolous action granted

In Manitou Sand & Gravel Co., Inc. and Walter F. Przybycien v. Town of Ogden, et al, the New York State Supreme Court, Monroe County, granted defendants’ motion for attorneys’ fees pursuant to 42 U.S.C. § 1988 where plaintiffs’ earlier ...

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Statements made to postal inspectors suppressed

Statements made by an employee of the Niagara Square Post Office in regard to missing funds at the office will remain suppressed. In U.S. v. Romaszko, (docket number 00-1580, decided June 19, 2001) the U.S. Court of Appeals for the ...

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Jury instructions ruled proper in larceny case (8308)

Reviewing defendant’s request for a jury charge on larceny by false promise, Judge Donald J. Mark held that the crime of larceny by false pretenses in violation of Penal Law § 155.05(2)(a) was properly the only form of larceny charged ...

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Rochester Legal Briefs: July 2, 2001 (8309)

Ergonomic Mouse Caught In Patent Infringement Case In a decision involving patent infringement charges related to a computer mouse design, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the case, indicating that there remained a question ...

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Jury instructions ruled proper in larceny case

Reviewing defendant’s request for a jury charge on larceny by false promise, Judge Donald J. Mark held that the crime of larceny by false pretenses in violation of Penal Law § 155.05(2)(a) was properly the only form of larceny charged ...

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Rochester Legal Briefs: July 2, 2001

Ergonomic Mouse Caught In Patent Infringement Case In a decision involving patent infringement charges related to a computer mouse design, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the case, indicating that there remained a question ...

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U.S. Supreme Court rules on excessive force (8305)

Where the Ninth Circuit Court of Appeals viewed the qualified immunity inquiry as identical to the constitutional inquiry of excessive force in its decision in Katz v. U.S., 194 F3d 962 (1999), the U.S. Supreme Court granted certiorari (531 U.S. ...

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U.S. Supreme Court rules on excessive force

Where the Ninth Circuit Court of Appeals viewed the qualified immunity inquiry as identical to the constitutional inquiry of excessive force in its decision in Katz v. U.S., 194 F3d 962 (1999), the U.S. Supreme Court granted certiorari (531 U.S. ...

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3rd-party payment may be conflict for law guardian (8302)

An individual who relies on another for financial support may be subject to pressure from the person providing that support. As lawyers we know that the client’s interests are supposed to come first, even when a third party is paying ...

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Rochester Legal Briefs: June 28, 2001 (8303)

Defendant’s Statements Deemed Voluntary During Traffic Stop In an action involving charges of Driving While Intoxicated, Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, and Operation of a Motor Vehicle Without two lighted Headlamps, defendant’s motion to ...

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Landmark case preserves author's copyrights

Upholding the decision of the U.S. Court of Appeals for the Second Circuit, the U.S. Supreme Court ruled that both the print publishers and electronic publishers infringed the copyrights of the freelance authors in New York Times Co., Inc. v. ...

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Tax reform impact pension plan calculations

Does the United Way’s Replacement Benefit Plan provide for contributions to replace benefits lost because of the Section 401(a)(17) change to the IRS code? This question was before the U.S. Court of Appeals for the Second Circuit in William Aramony ...

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