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WDNY — Treating Physicians — Weight of Evidence: Zadorecky v. Astrue
U.S. District Court, WDNY Treating Physicians — Weight of Evidence Past Relevant Work — Physical and Mental Demands Zadorecky v. Astrue 11-cv-6285-cjs Judge Siragusa Background: The parties bring motions for judgment on the pleadings. At issue was whether the commissioner of Social Security’s decision that the plaintiff was not disabled was supported by substantial evidence. Ruling: The [...]
WDNY — Ineffective Assistance of Counsel: Stinson v. United States
U.S. District Court, WDNY Ineffective Assistance of Counsel Plea Bargaining — Constructive Amendment Stinson v. United States 08-cv-6041-cjs; 01-cr-6087-cjs Judge Siragusa Background: The petitioner sought an order to vacate, set aside, or correct his sentence. He was indicted with participating in a conspiracy to distribute and possession with intent to distribute 50 grams or more […]
WDNY — Confiscation of Legal Materials: Bennet v. D.S.D. Habeck, et al.
U.S. District Court, WDNY Confiscation of Legal Materials False Misbehavior Reports Bennet v. D.S.D. Habeck, et al. 11-cv-6585-cjs-jwf Judge Siragusa Background: The plaintiff commenced an action seeking relief under 42 U.S.C. § 1983. The court construed the complaint to mean that the defendants filed false misbehavior reports against him and that the defendants took legal […]
WDNY — Pro Bono Appointment: Belile v. John Doe, et al.
U.S. District Court, WDNY Pro Bono Appointment Non-complex Case — Difficulty in Finding Witnesses Belile v. John Doe, et al. 10-cv-6501-cjs Judge Siragusa Background: The plaintiff commenced an action alleging the defendant used excessive force and assaulted him in violation of his Eighth Amendment constitutional rights. The plaintiff moved for the appointment of pro bono […]
WDNY — Age Discrimination Act: Simoni v. Village of Sodus, et al.
U.S. District Court, WDNY Age Discrimination Act Proper Defendants Simoni v. Village of Sodus, et al. 11-cv-6177-cjs-mwp Judge Siragusa Background: The plaintiff brought an action under the Age Discrimination in Employment Act and Americans with Disabilities Act alleging that his former employer had informed the U.S. Postal Service that he suffered from patellafemoral syndrome and […]
WDNY — Judicial Immunity: Wik v. Kunego
U.S. District Court, WDNY Judicial Immunity Civil Rights Wik v. Kunego 11-cv-6205-cjs Judge Siragusa Background: The plaintiff commenced an action against a town justice alleging that the defendant failed to provide him with certain documents pertaining to a prosecution against him. The underlying prosecution involved a number of traffic infractions, as well as a misdemeanor […]
WDNY — Americans with Disabilities Act: Amerose v. Monroe County Water Authority
U.S. District Court, WDNY Americans with Disabilities Act Public Sector Union — One Year of Disability Amerose v. Monroe County Water Authority 10-cv-6383-cjs Judge Siragusa Background: The plaintiff commenced an action alleging that, upon returning from medical leave, the defendant did not accommodate his medical restrictions and his ultimate termination. The defendant moved for summary [&helli[...]
WDNY — Forfeiture: United States v. 208 Blueberry Handbags, et al.
U.S. District Court, WDNY Forfeiture Standing — Ownership United States v. 208 Blueberry Handbags, et al. 12-cv-6015-cjs Judge Siragusa Background: The government brought a forfeiture action to recover unmarked merchandise that had been imported into the U.S. from China. It was alleged that these items were counterfeit. The claimant, Brighton Trading, moved to dismiss the […]
WDNY — Prisoner ‘Three Strikes’ Provision: Nealy v. Corrections Officer Kamas, et al.
U.S. District Court, WDNY Prisoner ‘Three Strikes’ Provision In Forma Pauperis Nealy v. Corrections Officer Kamas, et al. 12-cv-6201-cjs Judge Siragusa Background: The defendants filed a motion to revoke the plaintiff’s in forma pauperis status alleging that the plaintiff was in violation of the “three strikes” provision of the Prisoner Litigation Reform Act. Ruling: The District [&he[...]
WDNY — Hostile Work Environment: Bundschuh v. The Inn on the Lake Hudson Hotels LLC
U.S. District Court, WDNY Hostile Work Environment Relation to Gender Bundschuh v. The Inn on the Lake Hudson Hotels LLC 09-cv-6037-cjs Judge Siragusa Background: The plaintiff brought an action alleging hostile work environment, retaliation and constructive discharge. The record reflected that the plaintiff and the rest of the staff at the defendant Inn did not get […]
WDNY — Constructive Fraud: In re Successor Borrower Services LLC
U.S. District Court, WDNY Constructive Fraud Security Interest in Legal Fees In re Successor Borrower Services LLC 09-13505 B Judge Bucki Background: The trustee commenced a proceeding to avoid a lien that the debtor had given to secure payment of legal fees that would arise in the defense of ongoing litigation in state court. At […]
WDNY — Sanctions: Muhammad v. Wal-Mart Stores East LP
U.S. District Court, WDNY Sanctions Loose Pleading Muhammad v. Wal-Mart Stores East LP 10-cv-6074-cjs Judge Siragusa Background: In an action for employment discrimination under the Americans with Disabilities Act and Title VII, the district court had ordered the plaintiff’s counsel to show cause why sanctions should not be levied for counsel’s misrepresentations to the court. […]
Case Digests
- 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
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
- Fourth Department – Out-of-possession landlord: Smith v. Marshall Farms Group, et al.
- Second Circuit – Supervised release: United States v. Francis
- Fourth Department – Court of Claims: Santiago v. State of New York
- Fourth Department – Peremptory challenge: People v. Santiago
- Fourth Department – Negligence: Scime v. Hale Northeastern
Law News
- 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
- Appeals court cancels fine against Rochester nursing home
- Deal reached to protect reproductive health care rights at Jefferson County jail
- $1.5M settlement reached in fatal shooting by Canandaigua police officer
- Orleans County lawsuit against Genesee County threatens STAMP development
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