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WDNY

Oct 1, 2020

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, […]

May 4, 2020

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 […]

Mar 2, 2020

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 […]

Jan 15, 2020

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 […]

Nov 13, 2019

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 […]

Oct 3, 2019

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 […]

Apr 17, 2019

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[...]

Mar 27, 2019

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 […]

Jan 17, 2019

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[...]

Dec 24, 2018

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 […]

Dec 24, 2018

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[...]

Dec 21, 2018

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 […]

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