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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. Standing/Injury-in-Fact In In re Fisher-Price Rock ‘N Play Sleeper Marketing, Sales Practices, & Products Liability Litigation, 19-md-02903-GWL (Feb. 8, 2023), defendants sought dismissal of a class action contending that the class representa[...]
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. Recusal and Rule 11 Sanctions In Adams III v. Taylor, 21-cv-6056-EAW (Nov. 29, 2022), an action brought pro se under 42 U.S.C. § 1983, plaintiff moved to disqualify the judge and for sanctions […]
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. Pseudonymous Plaintiffs In Doe v. M&T Bank Corp., 21-cv-01186-LJV (Apr. 14, 2022), a pro se plaintiff asserting claims of racial discrimination, state law tort claims, and a claim for breach of contract […]
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. Venue In Bausch & Lomb, Inc. v. Zea Vision LLC, 20-cv-06452-FPG (Aug. 31, 2022) — an action for alleged patent infringement — defendant moved to dismiss for improper venue or, in the […]
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. Motion to Amend In Orange Transportation Services, Inc., et al. v. Volvo Group North America, LLC, No. 19-cv-6289-FPG (Dec. 22, 2021), defendant objected to a Decision and Order of the Magistrate Judge […]
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 and Venue In Bartosiewicz v. Nelsen, No. 20-cv-06513-EAW (Sept. 29, 2021) — an action for breach of contract concerning the purchase and sale of antique muscle cars — defendant moved […]
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. Temporary Restraining Orders In Lake Region Medical, Inc. v. Pike, 21-cv-00844-LJV-LGF (Aug. 20, 2021) — an action for breach of contract, unfair competition, and tortious interference with contract — plaintiff sought a […]
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. Notice of Motion Requirement Under Local Civil Rule 7(a)(1) In Kujawski v. Liberty Mut. Ins. Co., 19-cv-00603-WMS (Mar. 30, 2021) — an action for negligent infliction of emotion distress, negligent hiring, 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. Personal Jurisdiction In The Glen H. Curtiss Museum of Local History v. Confederate Motors, Inc., 20-cv-06237-CJS-MWP (Feb. 11, 2021) — an action for trademark infringement and breach of contract — defendants moved […]
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 and Derivative Claims In Jones v. Koch, No. 20-cv-1730-JLS (Dec. 9, 2020), the Court ordered the parties to address whether it had subject matter jurisdiction after defendant removed the lawsuit citing […]
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. Diversity Jurisdiction In Power Authority of the State of New York v. Advanced Energy Industries, Inc., No. 19-cv-1542-LJV (Oct. 9, 2020) — a case originally commenced in state court — a qui […]
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 Peerless Ins. Co. v. Broan-Nutone, LLC, No. 19-cv-01699-GWC (July 21, 2020) — a product liability case removed from state court — plaintiff asserted causes of action against the manufacturer […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- 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
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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