Please ensure Javascript is enabled for purposes of website accessibility

WDNY

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, ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

U.S. District Court, WDNY – Ineffective assistance of counsel: U.S. v. Sandford

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 ...

Read More »