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WDNY

Jun 20, 2012

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 […]

Jun 19, 2012

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 […]

Jun 18, 2012

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 […]

Jun 14, 2012

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[...]

Jun 13, 2012

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 […]

Jun 8, 2012

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. […]

Jun 4, 2012

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 [[...]

Jun 4, 2012

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 […]

May 31, 2012

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[...]

May 23, 2012

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 […]

May 22, 2012

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 […]

May 16, 2012

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 […]

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