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Torres v. Astrue
U.S. District Court, WDNY Social Security Disability Disability — Substantial Evidence Torres v. Astrue 10-cv-6581 Judge Telesca Background: The plaintiff sought review of the final decision of the commissioner of Social Security denying his application for disability insurance benefits and supplemental security income. The plaintiff alleged that the administrative law judge committed numerous e[...]
Lunts v. Rochester City School District, et al.
U.S. District Court, WDNY Discrimination Joint Employer Lunts v. Rochester City School District, et al. 07-cv-6272T Judge Telesca Background: The plaintiffs alleged that the defendants discriminated against them on the basis of gender, race and national origin. Specifically, the plaintiff, who was employed under a two-year renewable contract with the defendant Empire State College, alleged [&helli[...]
Murray v. Jacobs, et al.
U.S. District Court, WDNY Prisoner Rights Due Process — Evidentiary Standard Murray v. Jacobs, et al. 04-cv-6231-CJS Judge Siragusa Background: The plaintiff, a former inmate in the New York State Department of Correctional Services at Attica, brought suit alleging that the defendant used excessive force; failed to protect him from such force; violated his right […]
Preston v. Hilton Central School District, et al.
U.S. District Court, WDNY Sealing Court Records Public Interest Preston v. Hilton Central School District, et al. 11-cv-6420L Judge Larimer Background: The plaintiffs alleged that their autistic son was bullied and sexually harassed by students attending the defendant school. The plaintiffs further alleged that the defendant failed to protect their son from the verbal harassment. […]
Brown v. Superior Contract Cleaners
U.S. District Court, WDNY Title VII Sufficiency of Complaint Brown v. Superior Contract Cleaners 10-cv-6238 CJS Judge Siragusa Background: The plaintiff, a Jamaican of national origin, was employed by the defendant for three months. The plaintiff alleged that he had been discriminated against for his nationality in the form of excessive criticism of his job […]
Beechwood Restorativ, et al v. Leeds, et al
U.S. District Court, WDNY Summary Judgment Subsequent Motion — Additional Discovery Beechwood Restorativ, et al v. Leeds, et al 02-cv-6235L Judge Larimer Background: The plaintiffs brought suit alleging the defendants had targeted the plaintiffs for closure of the plaintiff nursing home in retaliation for the plaintiff’s complaints and lawsuits in which the plaintiffs challenged a […]
Guadagno v. Astrue
U.S. District Court, WDNY Attorney’s Fees Block-Billing Guadagno v. Astrue 10-cv-6348 Judge Telesca Background: The plaintiff brought the action against the commissioner of Social Security after she was denied Social Security Disability and Supplemental Security Income. The parties had stipulated to remand the case to the Social Security Administration for further proceedings as portions of [&he[...]
Vermette v. Verizon Wireless
U.S. District Court, WDNY Discrimination Retaliation — Pretext Vermette v. Verizon Wireless 09-CV-6085 Judge Telesca Background: The plaintiff alleged that the defendant had retaliated against her for complaining of gender and racial discrimination by demoting her, denying her pay increases, subjected her to performance criticism and increased supervision. She also alleged that the actions taken[...]
In re: Karlstrom
U.S. District Court, WDNY Abuse Motion to Dismiss — Change of Circumstances In re: Karlstrom 09-12267 B Judge Bucki Background: The trustee moved to dismiss the bankruptcy case for the third time. The trustee had successfully dismissed the case after finding that the bankruptcy relief sought by the debtors would constitute abuse. The debtors refilled […]
NXIVM Corporation v. Doyes
U.S. District Court, WDNY Sealing Court Records Standard NXIVM Corporation v. Doyes 11-MC-6009L Judge Larimer Background: The plaintiff sought to compel the deposition of a nonparty witness. The witness responded by filing a motion to quash the subpoena served upon her by the plaintiff corporation. The court ordered the deposition to be taken, but the […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
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