NY Daily Record Since 1908

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 ...

Tagged with: discrimination U.S. District Court WDNY

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

U.S. Bankruptcy Court, WDNY Mortgagee’s Objection Secured Property Partially Divided In re Michele L. Hurd 12-13377B Judge Bucki Background: At issue was whether Section 1325(a)(5) of the Bankruptcy Code allowed a court to overrule a mortgagee’s objection to a plan ...

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U.S. District Court, WDNY Age Discrimination Satisfactory Performance Focarazzo v. University of Rochester 10-cv-6285L Judge Larimer Background: The plaintiff commenced an action against her former employer alleging age discrimination. The plaintiff worked in several secretarial positions before being hired as ...

Tagged with: Age Discrimination U.S. District Court WDNY

U.S. District Court, WDNY Medical Malpractice Prisoner Disagreement with Treatment Perez v. County of Monroe 10-cv-6216L Judge Larimer Background: The pro se plaintiff filed a Section 1983 action, alleging claims arising out of events that occurred while he was confined ...

Tagged with: medical malpractice U.S. District Court WDNY

U.S. District Court, WDNY Social Security Disability Vocational Expert — Transferable Skills Fee v. Astrue 11-cv-6625L Judge Larimer Background: The plaintiff sought review of the commissioner of Social Security’s determination that he was not disabled under the Social Security Act. ...

Tagged with: Social Security Disability U.S. District Court WDNY

U.S. District Court, WDNY Non-Exertional Limitations Mental Impairments Crayton v. Astrue 11-cv-6617L Judge Larimer Background: The plaintiff appealed from the denial of her application for Supplemental Security Income benefits. The plaintiff alleged that she had an inability to work due ...

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U.S. District Court, WDNY Animal Owner Negligence Farm Animal Hastings v. Sauve No. 78 Judge Smith Background: The plaintiff was injured when her vehicle hit a cow on a public road. The plaintiff brought an action against the cow’s owners ...

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U.S. District Court, WDNY Discrimination and Equal Pay Hostile Work Environment McCullough v. Xerox Corporation 12-cv-6405L Judge Larimer Background: The plaintiff brought an action against her former employer alleging that she was discriminated against because of her race and gender.  ...

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U.S. District Court, WDNY Defendant Identification Independently Reliable Basis — Extensive Contact United States v. Young 10-cr-6211L Judge Payson Background: The defendant moved to suppress a photographic identification made by a cooperating government witness. A bifurcated Wade hearing was conducted ...

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U.S. District Court, WDNY Forum Selection Clause Mandatory — Removal to State Court Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al. 12-cv-6424L Judge Larimer Background: The parties consented to hearing a landlord-tenant dispute concerning a shopping ...

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U.S. District Court, WDNY Class Certification Similarly Situated Tracy, et al. v. NVR Inc. 04-cv-6541L Judge Larimer Background: The plaintiff, on behalf of himself and a class of plaintiffs, brought an action pursuant to the Fair Labor Standards Act, alleging ...

Tagged with: class certification U.S. District Court WDNY