NY Daily Record Since 1908

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 ...

Tagged with: false arrest U.S. District Court WDNY

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 ...

Tagged with: Excessive Force U.S. District Court WDNY

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 ...

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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, ...

Tagged with: Disability U.S. District Court WDNY

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 ...

Tagged with: Collective Bargaining Agreement U.S. Bankruptcy Court WDNY

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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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U.S. District Court, WDNY Discrimination Underlying Administrative Proceedings — Subject Matter Jurisdiction Wilson-Richardson v. Regional Transit Service Inc. 10-cv-6226L Judge Larimer Background: The plaintiff commenced an action pursuant to the Americans with Disabilities Act and the New York Human Rights ...

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U.S. District Court, WDNY ERISA — Plan Summary Breach of Fiduciary Duty — Speculative Harm Miles v. Corning Inc. Long Term Disability Plan 12-cv-6063L Judge Larimer Background: The plaintiff, a former employee of Corning Incorporated and a participant in its ...

Tagged with: ERISA U.S. District Court WDNY