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WDNY

Dec 21, 2018

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 substance, two counts of firearm offenses, and a single count of witness tampering. After a […]

Oct 15, 2018

Western District Case Notes

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 plaintiffs from Illinois, so as to promote judicial economy by avoiding the need to file […]

May 7, 2018

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 Flynn v. Target Corporation, No. 17-CV-565-LJV-HDS, plaintiff allegedly suffered personal injuries at defendant’s retail store when struck by a motorized shopping cart. After plaintiff commenced suit in state court, defendant […[...]

Apr 9, 2018

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. Fair Labor Standards Act In Lusk v. Serve U Brands, Inc., No. 17-CV-6451-MAT (Feb. 12, 2018), various delivery drivers employed by defendants brought suit under the Fair Labor Standards Act (FLSA) claiming […]

Mar 15, 2018

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. Realignment of parties In Romano v. Am. States Ins. Co., No. 17-CV-6358-EAW (Dec. 19, 2017), an action arising out of an automobile accident involving a single vehicle, plaintiffs filed a complaint in […]

Feb 12, 2018

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. Mandatory forum selection clause In Rochester City School Dist. v. Aramark Educ. Serv’s, LLC, No. 17-CV-6572-DGL-MWP (Nov. 13, 2017), plaintiff commenced an action in New York State Supreme Court for breach of […]

Jan 15, 2018

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. Diversity jurisdiction In Coffin et al. v. Dr. Peppersnapple Group, Inc., No. 16-CV-6761-FPG (Oct. 26, 2017), plaintiff commenced a lawsuit in State Court alleging that defendant’s negligence caused his personal injuries. When defendant removed[...]

Dec 11, 2017

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. Insurance Law In Violet Realty, Inc. v. Affiliated FM Insurance Co., No. 16-cv-757(EAW) (Aug. 28, 2017), plaintiff commenced an action for breach of contract, failure to act in good faith, violation of […]

Nov 10, 2017

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.) Insurance Law In Violet Realty, Inc. v. Affiliated FM Insurance Co., No. 16-cv-757(EAW) (August 28, 2017), plaintiff commenced an action for breach of contract, failure to act in good faith, violation of New […]

Oct 16, 2017

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.) Subject Matter Jurisdiction In U.S. Bank Trust, N.A. v. Wiebeld, No. 16-cv-6797(MAT) (Aug. 8, 2017), plaintiff commenced an action on behalf of a trust to foreclose a mortgage, asserting diversity of citizenship […]

Sep 15, 2017

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.) Subject matter jurisdiction In U.S. Bank Trust, N.A. v. Licata, No. 17-cv-6037(MAT) (June 21, 2017), plaintiff commenced an action on behalf of a trust to foreclose a mortgage, asserting diversity of citizenship […]

May 8, 2017

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.) Negligence and the Trivial-Defect Doctrine In Pokigo v. Target Corp., No. 13-CV-722(LJV)(HKS) (Mar. 20, 2017), plaintiff claimed that she was injured when she tripped on a crack in the sidewalk outside of […]

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