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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. ...

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 ...

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, ...

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 ...

Tagged with: Western District Case Notes

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 ...

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 ...

Tagged with: Kevin M. Hogan Sean C. McPhee 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, ...

Tagged with: Kevin M. Hogan Sean C. McPhee Western District Case Notes

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 ...

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 ...

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 ...

United States District Court of the Western District of New York Ineffective assistance of counsel Sentencing options – Presentence report challenge United States v. Sandford 15-cr-6101L Judge Larimer Background: The defendant was charged with 11 counts of distributing a controlled ...

Personal jurisdiction and amendment of pleadings In Jackson v. Bank of America, N.A., No. 16-CV-787-FPG-HBS (May 25, 2018), a putative class action against a mortgage loan servicer, plaintiffs sought leave to amend their complaint to add another set of lead ...

Tagged with: Kevin M. Hogan Sean C. McPhee Western District Case Notes