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WDNY — Duty of Care: Roberts v. Los Alamos National Security, LLC, et al.
U.S. District Court, WDNY Duty of Care Employer/Employee Relationship Roberts v. Los Alamos National Security, LLC, et al. 11-cv-6206L Judge Larimer Background: An employee of the University of Rochester brought an action seeking damages for serious injuries he received during an experiment with a High Yield Neutron Temporal Diagnostic, also known as the “light pipe.” […]
WDNY — Suppression: United States of America v. Wiggins
U.S. District Court, WDNY Suppression Reasonable Suspicion — Custodial Interrogation United States of America v. Wiggins 12-cr-6114L Judge Payson Background: The defendant was charged with numerous counts of drug possession with intent to sell. The defendant moved to suppress physical evidence and statements taken at the time of his arrest. The defendant was arrested during […]
WDNY — Maintaining Apartment for Drug Manufacture: United States of America v. Love
U.S. District Court, WDNY Maintaining Apartment for Drug Manufacture Present vs. Maintain United States of America v. Love 10-cr-6116L Judge Larimer Background: The defendant was indicted for numerous offenses including drug trafficking and firearm-related offenses. Following a jury trial, he was convicted of six of seven counts. The defendant moved to reverse the jury verdict relating to [&hell[...]
WDNY — Social Security Disability — Functional Capacity: Harris v. Astrue
U.S. District Court, WDNY Social Security Disability — Functional Capacity Sedentary Work — Total Disability Harris v. Astrue 11-cv-6299L Judge Larimer Background: The plaintiff appealed from the denial of his application for disability insurance benefits by the commissioner of Social Security. The defendant moved for judgment on the pleadings. Ruling: The District Court granted the […]
WDNY — Amended Complaint: Moran v. Levowitz, et al.
U.S. District Court, WDNY Amended Complaint Sufficiency Moran v. Levowitz, et al. 10-cv-6178CJS Judge Payson Background: The plaintiff commenced an action alleging that the defendants were deliberately indifferent to his medical needs. Specifically, the plaintiff alleged that he contracted a skin infection while incarcerated at the Erie County Holding Center. He alleged that his request [&he[...]
WDNY — Failure to Prosecute: Young v. Tryon, et al.
U.S. District Court, WDNY Failure to Prosecute Pro Se Litigants Young v. Tryon, et al. 12-cv-6251CJS Judge Payson Background: The plaintiff commenced an action asserting numerous violations of the Fifth, Eighth and 14th Amendments. The defendants moved by order to show cause why the plaintiff’s case should not be dismissed for failure to prosecute. Two […]
WDNY — Motion to Compel Discovery: Pinkard v. Baldwin Richardson Foods Co. Inc.
U.S. District Court, WDNY Motion to Compel Discovery Additional Opportunity to Comply — Prior Attempts to Comply Pinkard v. Baldwin Richardson Foods Co. Inc. 09-cv-6308T Judge Payson Background: The pro se plaintiff commenced an action against his former employer alleging he was discriminated against on the basis of his race. The plaintiff moved the court to […]
WDNY — Patent Infringement: Gradient Enterprises Inc. v. Skype Technologies S.A., et al.
U.S. District Court, WDNY Patent Infringement Counterclaims — Sufficiency of the Pleadings Gradient Enterprises Inc. v. Skype Technologies S.A., et al. 10-cv-6712L Judge Larimer Background: The plaintiff commenced a patent infringement action against the defendant. The plaintiff was issued a patent for a “method of detecting, reporting and responding to network node-level events and a [&hellip[...]
WDNY — Offer of Judgment: Henchen v. Renovo Services LLC, et al.
U.S. District Court, WDNY Offer of Judgment Mutual Assent — Attorney’s Fees Henchen v. Renovo Services LLC, et al. 11-cv-6073P Judge Payson Background: The plaintiff commenced an action against the defendants under the Fair Debt Collection Practices Act. The plaintiff moved for an award of attorney’s fees as a successful party under the FDCPA. The […]
WDNY — Age Discrimination: Lippincott v. Target Corporation
U.S. District Court, WDNY Age Discrimination Constructive Discharge — Discriminatory Animus Lippincott v. Target Corporation 10-cv-6417-cjs-mwp Judge Siragusa Background: The defendant moved for summary judgment seeking to dismiss the plaintiff’s Age Discrimination in Employment Act case. Ruling: The District Court granted the motion. The court found that the plaintiff failed to establish that[...]
WDNY — Stay of Proceedings: Cox v. State of New York
U.S. District Court, WDNY Stay of Proceedings Exhaustion of Administrative Remedies — Good Cause Cox v. State of New York 11-cv-6525-cjs Judge Siragusa Background: The petitioner requested a writ of habeas corpus but the court rejected it as there were a mix of exhausted issues and unexhausted issues. The petitioner then requested a stay of […]
WDNY — Prison Grievances: Rivera v. Gleason, et al.
U.S. District Court, WDNY Prison Grievances Failure to Exhaust Administrative Remedies Rivera v. Gleason, et al. 08-cv-6311CJS Judge Siragusa Background: The plaintiff commenced an action after corrections officers searched his prison cell and found cash and staff social security numbers. The plaintiff alleged he was assaulted by an officer when questioned about the contents of […]
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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