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WDNY

Sep 2, 2013

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 […]

Aug 28, 2013

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, […]

Aug 8, 2013

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 […]

Aug 7, 2013

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[...]

Aug 6, 2013

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 [&[...]

Aug 5, 2013

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[...]

Aug 1, 2013

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[...]

Aug 1, 2013

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 […]

Jul 15, 2013

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 [...]

Jul 14, 2013

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. […]

Jul 11, 2013

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[...]

Jun 14, 2013

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[...]

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