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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 […]
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 […]
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 […[...]
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 […]
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 […]
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 […]
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[...]
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 […]
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 […]
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 […]
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 […]
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 […]
Case Digests
- 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.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- 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
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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