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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.) Subject Matter Jurisdiction In U.S. Bank Trust, N.A. v. Wiebeld, No. 16-cv-6797(MAT) (Aug. 8, 2017), plaintiff commenced ...

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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 ...

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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 ...

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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 FMC Corp. v. United States Environmental Protection Agency, No. 14-CV-487S (Jan. 31, 2017), ...

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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.) ERISA In Madden v. Bewley, et al., No. 16-CV-571(EAW) (Jan. 18, 2017), plaintiff sued decedent’s former employer, ...

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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.) Personal Jurisdiction In Hume v. Farr’s Coach Lines, Ltd., No. 12-CV-6378FPG (Nov. 3, 2016), an action sounding ...

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Western District Case Notes of Dec. 5, 2016

Recusal In Barnes v. Harling, et al., No. 10-CV-6164EAW (Oct. 12, 2016), plaintiff sought to recuse the District Judge based on allegations of bias and his disagreement with the judge’s earlier decisions.  The court noted first that, under 28 U.S.C. ...

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Western District case notes of Nov. 8, 2016

Personal jurisdiction In Albino v. Global Equip. USA, Ltd., No. 14-cv-06519(MAT) (Aug. 18, 2016), plaintiff asserted strict products liability and negligence causes of action against an out of state distributor, claiming that the distributor brokered the sale of a defective ...

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Cases of interest from the Western NY District

Stay of State Court Proceedings In FTC v. 4 Star Resolution, LLC, No. 15-CV-112S (Aug. 8, 2016), the Federal Trade Commission obtained an ex parte temporary restraining order freezing defendants’ assets and appointing a Receiver, which was later converted into ...

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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 Iqbal v. Normandin Transit, Inc., No. 15-CV-746A (July 1, 2016), plaintiff commenced an action in ...

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