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WDNY — Relation Back Doctrine: Talton v. Amalgamated Transit Union
U.S. District Court, WDNY Relation Back Doctrine Mistaken Identity — Proper Defendant Talton v. Amalgamated Transit Union 09-cv-6477L Judge Larimer Background: The plaintiff, a member of the defendant union, brought an action against the organization alleging discriminatory failure to represent him. The defendant moved to dismiss the complaint against it because it was not the proper […]
WDNY — Search Warrant: United States v. Miller
U.S. District Court, WDNY Search Warrant Scope of Search — Good Faith Reliance United States v. Miller 13-CR-6036L Judge Payson Background: The defendant was charged in a three-count indictment involving the possession and production of child pornography that had been transported in interstate commerce. During the execution of a search warrant for the defendant’s home, […]
WDNY — False Arrest: Holloway v. Joseph
U.S. District Court, WDNY False Arrest Probable Cause Holloway v. Joseph 10-cv-6470P Judge Payson Background: The pro-se plaintiff commenced an action against a Rochester police officer alleging malicious prosecution, false arrest, and false imprisonment arising from her arrest for second-degree harassment. A bench trial was conducted. Ruling: The District Court found in favor of the […]
WDNY — Excessive Force: Rhodes v. Sanford, et al.
U.S. District Court, WDNY Excessive Force Imprecise Recollection Rhodes v. Sanford, et al. 11-cv-6081P Judge Payson Background: The plaintiff initiated an action against the defendants alleging excessive force in effectuating her arrest and that the police department attempted to “cover up” the arresting officer’s use of force. The plaintiff was charged with driving while intoxicated, [&he[...]
WDNY — Leave to Amend: Mulvihill v. State of New York
U.S. District Court, WDNY Leave to Amend Eleventh Amendment Immunity Mulvihill v. State of New York 13-cv-6268L Judge Larimer Background: The plaintiff alleged that Child Protective Services unit of Ontario County Department of Social Services violated her Fourth Amendment constitutional rights, as well as intentional infliction of emotional distress, harassment, and defamation. The state moved [&[...]
WDNY — Disability: Montesano v. Westgate Nursing Home, Inc.
U.S. District Court, WDNY Disability Vitamin Deficiency — Physical Limitations Montesano v. Westgate Nursing Home, Inc. 10-cv-6676L Judge Larimer Background: The plaintiff, a former employee of the defendant, alleged that due to her physical disability, she was discriminated against, harassed, and ultimately terminated from employment. She argued that her vitamin B-12 deficiency limited her moto[...]
U.S. Bankruptcy Court, WDNY — Collective Bargaining Agreement: In re MCD Plumbing, Inc.
U.S. Bankruptcy Court, WDNY Collective Bargaining Agreement Motion to Reject — Equitable Considerations In re MCD Plumbing, Inc. 12-11759 B Judge Bucki Background: The debtor moved to reject a collective bargaining agreement between the Local Union and the Western New York Association of Plumbing and Mechanical Contractors. The agreement is a multi-employer arrangement that establishes a unif[...]
U.S. Bankruptcy Court, WDNY — Disgorgement of Legal Fees: In re RAMA Group of Companies, Inc.
U.S. Bankruptcy Court, WDNY Disgorgement of Legal Fees Compensatory Sanctions In re RAMA Group of Companies, Inc. 00-12654 K Judge Bucki Background: In a Chapter 11 proceeding, a law firm and three of its partners moved to dismiss a motion filed by the Official Committee of Unsecured Creditors to compel a disgorgement of legal fees and […]
WDNY — Statute of Frauds: Haughton v. Cognisigt LLC
U.S. District Court, WDNY Statute of Frauds Business Opportunity — Terminable at Will Haughton v. Cognisigt LLC 13-cv-6010L Judge Larimer Background: The plaintiff commenced an action seeking reimbursement for services he provided the defendant. The parties never entered into a formal contract. However, in the defendant’s business plan, the director of the non-profit defendant indicated that [...]
WDNY — Drug Possession: United States v. Facen
U.S. District Court, WDNY Drug Possession Proximity — Hidden Drugs/Weapons United States v. Facen 11-cr-6177L Judge Larimer Background: The defendant was indicted on four counts of drug trafficking and firearm-related offenses. He was convicted on all four counts. The defendant moved to acquit on the grounds that the evidence was insufficient to support a conviction. […]
WDNY — Attorney’s Fees: Halecki v. Empire Portfolios, Inc.
U.S. District Court, WDNY Attorney’s Fees Defense Counsel’s Actions Halecki v. Empire Portfolios, Inc. 09-cv-6615L Judge Larimer Background: The plaintiff brought an action against the defendant alleging that its debt collection practices were aggressive and in violation of the Fair Debt Collection Practices Act. Specifically, he alleged that he was intimidated by mailings and telephone [&hell[...]
WDNY — Prison Litigation: Doe v. Selsky
U.S. District Court, WDNY Prison Litigation Tolling Statute of Limitations — Administrative Grievances Doe v. Selsky 08-cv-6199L Judge Larimer Background: The Second Circuit vacated a prior dismissal of the pro se plaintiff’s prisoner action, with instructions for the court to determine whether the plaintiff’s fling of administrative grievances tolled the statute of limitations on his [&he[...]
Case Digests
- 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.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- 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
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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