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Western District Case Notes
This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Service of Process (via email) In Securities and Exchange Commission v. Bahgat et al., No. 17-cv-971-LJV (Apr. 6, 2020), after plaintiff failed to answer and plaintiff moved to enter a default judgment, […]
Western District Case Notes
This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Temporary Restraining Order In Bravado International Group Merchandising Services, Inc. v. John Does, et al., No. 20-cv-113-LJV (Feb. 3, 2020), plaintiff, the exclusive licensee for merchandise for the band KISS, filed a […]
Western District Case Notes
This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Standing and Subject Matter Jurisdiction In Orange Transportation Services, Inc. v. Volvo Group North America, LLC., No. 19-cv-06289-FPG (Jan. 15, 2020), plaintiff sought damages for breach of warranty, fraud, and other purported […]
Western District Case Notes
This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Removal In Simon v. Ningbo Liqi Electrical Appliances Co., et al., No. 19-cv-6386-FPG (Oct. 15, 2019), a products liability wrongful death action commenced in state court, one defendant removed the case based […]
WESTERN DISTRICT CASE NOTES
This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Standing and Fed. R. Civ. P. 23.1 In Cellino & Barnes, P.C. v. Cellino & Cellino, LLP, No. 19-cv-00729-EAW (Aug. 5, 2019), a shareholder in a professional corporation brought a derivative action […]
Western District Case Notes
This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Removal In Weslowski, et al. v. Home Depot USA, Inc., No. 18-CV-6576-FPG (April 5, 2019), the Court ordered defendant to show cause why the lawsuit should not be remanded for lack of […]
U.S. District Court WDNY – Social Security disability benefits: Habschied v. Berryhill
United States District Court for the Western District of New York Social Security disability benefits Consistent medical opinions – Improvement – Moderate disability Habschied v. Berryhill 17-cv-6217P Judge Payson Background: The plaintiff commenced an action seeking judicial review of final decision of the Commissioner of Social Security denying his application for Supplemental Security Incom[...]
Western District Case Notes
This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Motion to disqualify In Ultrapak, LLC v. Laninver USA, Inc., No. 18-CV-561-LJV-HBS (Jan. 17, 2019), an action concerning a contract dispute between a limited liability company and its majority owner, defendants moved […]
Western District Case Notes
Personal jurisdiction In Winner v. Tryko Partners, LLC, No. 17-CV-6857-FPG-JWF (Sept. 12, 2018), an action for sex-based discrimination and retaliation, the New Jersey-based defendant moved to dismiss, arguing that the court lacked personal jurisdiction over it. To resolve that question, the court first examined New York’s long-arm statute and observed that personal jurisdiction exists over [&he[...]
U.S. District Court, WDNY – Social Security disability benefits: Harbot v. Berryhill
United States District Court of the Western District of New York Social Security disability benefits Treating physician rule – Commissioner’s burden Harbot v. Berryhill 17-cv-6371L Judge Larimer Background: The plaintiff commenced an action seeking review of the final determination of the Commissioner of Social Security that concluded she is not disabled under the Social Security […]
U.S. District Court, WDNY – Social Security disability benefits: Montanez v. Berryhill
United States District Court for the Western District of New York Social Security Disability Benefits Cherry-picking the record – Reconciling conflicting medical evidence Montanez v. Berryhill 17-cv-6598L Judge Larimer Background: The plaintiff sought review of the denial of disability benefits by the Commissioner of Social Security. Ruling: The District Court granted the plaintiff’s motion. T[...]
U.S. District Court, WDNY – Attorney’s fees: Eades v. Kennedy Law Offices
United States District Court of the Western District of New York Attorney’s fees Excessive work – Duplicative work – Reasonable rate Eades v. Kennedy Law Offices 12-cv-6680L Judge Larimer Background: The plaintiffs commenced an action against the defendant, a debt collection firm, alleging claims of unfair debt collection pursuant to the Fair Debt Collection Practices […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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