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WDNY — Injunctive Relief: Perkins v. D. F. Napoli, et al.
U.S. District Court, WDNY Injunctive Relief Relationship between Injury Claimed and Conduct Complained of Perkins v. D. F. Napoli, et al. 08-cv-6248 CJS Judge Siragusa Background: The plaintiff, a prison inmate in the custody of the Department of Correctional Services, brought an action and has applied for injunctive relief numerous times. The plaintiff alleged that […]
WDNY — Title VII: Lopez, et al. v. Flight Services & Systems Inc.
U.S. District Court, WDNY Title VII English-only Work Policy Lopez, et al. v. Flight Services & Systems Inc. 07-cv-6186 CJS Judge Siragusa Background: The plaintiffs were hired by the defendant as entry-level ramp agents. After approximately seven months of employment, the plaintiffs were terminated. The plaintiffs alleged that, during the seven months they were working for […]
WDNY — Eighth Amendment: Collier v. Harter, et al.
U.S. District Court, WDNY Eighth Amendment Medical Treatment Collier v. Harter, et al. 04-cv-6514-CJS Judge Siragusa Background: The plaintiff, a prison inmate previously in the custody of the New York State Department of Corrections and Community Supervision, brought a pro se action alleging the his Eighth Amendment rights were violated in connection with medical care […]
WDNY — Attorney-Client Privilege: Gill, et al. v. Bausch & Lomb Supplemental Retirement Plan I, et al.
U.S. District Court, WDNY Attorney-Client Privilege ERISA — Fiduciary Exception Gill, et al. v. Bausch & Lomb Supplemental Retirement Plan I, et al. 09-CV-6043CJS Judge Payson Background: The plaintiffs alleged that the defendants had unlawfully reduced their vested benefits in Bausch & Lomb Inc.’s Supplemental Retirement Income Plan I when B&L was acquired by another company. [&h[...]
WDNY — Defective Recording of a Mortgage: In re Barbara Sheppard
U.S. District Court, WDNY Defective Recording of a Mortgage Lis Pendens — Bona Fide Purchaser In re Barbara Sheppard 09-11017 B Judge Bucki Background: After receiving a duly executed mortgage on the debtor’s real property, the defendant Countrywide Home Loans Inc. mistakenly recorded an unsigned copy of that same instrument. At the closing, the […]
WDNY – ERISA: Holley v. Empire State Carpenters Pension Plan, et al.
U.S. District Court, WDNY ERISA Plan Interpretation Holley v. Empire State Carpenters Pension Plan, et al. 11-cv-6316L Judge Larimer Background: The plaintiff alleged that the defendants wrongfully denied him disability retirement pension benefits in violation of ERISA. The defendants had denied the plaintiff his benefits as he had not reached the minimum applicable age. […]
WDNY — Federal Indictment: United States v. Rondeau
U.S. District Court, WDNY Federal Indictment Dismissal — Attorney-client Privilege United States v. Rondeau 92-cr-0080L Judge Larimer Background: A grand jury entered a one-count indictment against the defendant for willfully and knowingly failing to appear at a Federal Correctional Facility or a U.S. Marshal’s Office to surrender for service of his previously-imposed sentence. The defendant [[...]
WDNY — Cruel and Unusual Punishment: Randolph v. Lindsay
U.S. District Court, WDNY Cruel and Unusual Punishment Legal Sufficiency Randolph v. Lindsay 09-cv-6597L Judge Larimer Background: The plaintiff, filing pro se, alleged that his rights were violated while he was an inmate in the custody of the New York State Department of Corrections and Community Supervision. Specifically, he alleged his due process rights […]
WDNY — Suppression of Physical Evidence: United States v. Ahmad
U.S. District Court, WDNY Suppression of Physical Evidence Suppression of Statements — Legal Sufficiency United States v. Ahmad 11-CR-6130L Magistrate Payson Background: The defendant was charged with inducing, enticing and coercing a minor to engage in sexually explicit conduct for the purpose of producing child pornography and for the possession of child pornography. The defendant moved [&hel[...]
WDNY — Social Security: Juliano v. Astrue
U.S. District Court, WDNY Social Security Residual Functional Capacity — Type II Diabetes Juliano v. Astrue 10-cv-6682L Judge Larimer Background: The plaintiff filed for disability insurance benefits alleging an inability to work due to diabetes mellitus, high blood pressure, a tumor in his knee and numbness in his left arm. His application was denied. At […]
WDNY — Probable Cause: Yevstifeev v. Steve, et al.
U.S. District Court, WDNY Probable Cause False Arrest — Obstruction Yevstifeev v. Steve, et al. 08-cv-6476L Judge Larimer Background: The plaintiff and his wife brought an action, pro se, against the town of Brighton Police Department and its police chief alleging that the defendants unlawfully arrested and tried the plaintiff for driving while intoxicated. Upon […]
WDNY — Duplicative Indictments: United States v. Love
U.S. District Court, WDNY Duplicative Indictments Multiple Apartments United States v. Love 10-cr-6116L Judge Payson Background: The defendant had been charged in six counts of a seven-count indictment. A grand jury returned a superseding indictment charging him with two new offenses: a second count of maintaining a premises to distribute and manufacture cocaine, and a second […]
Case Digests
- 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
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
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