NY Daily Record Since 1908

U.S. District Court, WDNY ‘Habeas’ Relief Enhanced Sentencing — Prior Convictions Fuller v. Brown 10-cv-00367 Judge Telesca Background: The petitioner filed for a writ of habeas corpus challenging the constitutionality of his custody following a conviction for attempted burglary in ...

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U.S. District Court, WDNY Preliminary Injunction Irreparable Harm — Success on the Merits International Brotherhood of Teamsters, Local No. 264 and 375 v. Nason’s Delivery Inc. 11-cv-186S Judge Skretny Background: The plaintiff sought a preliminary injunction and a restraining order against ...

Tagged with: preliminary injunction U.S. District Court WDNY

U.S. District Court, WDNY Adjustment of Status — Jurisdiction Singh v. U.S.C.I.S. 11-cv-254A Judge Arcara Background: The petitioner filed a petition for a hearing on his pending application for an adjustment of immigration status. In addition, the petitioner requested a ...

U.S. District Court, WDNY Social Security Disability Substance Abuse Cutler v. Astrue 10-cv-6634A Judge Arcara Background: The plaintiff sought review of a determination made by the Commissioner of Social Security that denied the plaintiff disability insurance benefits and supplemental security ...

U.S. District Court, WDNY Discovery Administrative Record — Deliberative Process Privilege Citizens Against Casino Gambling in Eire County, et al v. Hogen, et al. 09-cv-00291 Judge Skretny Background: The plaintiffs commenced an action to bar the Seneca Nation of Indians ...

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U.S. District Court, WDNY Qualified Immunity Post Release Supervision Vencent v. Superintendent Yelich, et al 08-cv-6570L Judge Larimer Background: In this consolidated action the plaintiffs brought actions against a number of officers and employees of the New York State Department ...

U.S. District Court, WDNY Fair Labor  Standards Act Motor Vehicle Operation Hernandez v. Alpine Logistics LLC 08-cv-6254T Judge Telesca Background: The plaintiffs, delivery drivers for the defendant, commenced a class action under the Fair Labor Standards Act alleging that they ...

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U.S. District Court, WDNY Patent Infringement Motion to Stay Spread Spectrum Screening LLC, v. Eastman Kodak Co., et al. 10-CV-6523L Judge Larimer Background: The plaintiff commenced the action alleging that the defendants had infringed upon the plaintiff’s patent for a ...

Tagged with: patent infringement U.S. District Court WDNY

U.S. District Court, WDNY ‘Habeas’ Relief Ineffective Assistance — Procedural Default Agee v. Brandt 10-cv-0630T Judge Telesca Background: The petitioner filed for a writ of habeas corpus challenging his custody following a judgment convicting him of assault in the first ...

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U.S. District Court, WDNY First Amendment Political Speech — Legislative Immunity Olma v. Collins et al. 11-cv-61A Judge Acara Background: The plaintiff alleged that the defendants violated his First and Fourteenth Amendment rights to political speech and association by firing ...

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U.S. District Court, WDNY Discrimination Retaliation McIntosh v. Bank of America 06-cv-708 Judge Curtin Background: The plaintiff brought the action alleging that the defendant failed to promote her and failed to provide her with reasonable accommodations so that she could ...

Tagged with: discrimination retaliation U.S. District Court WDNY

U.S. District Court, WDNY ‘Habeas Corpus’ Ineffective Assistance — Jury Instructions Darden v. Conway 10-cv-0570(MAT) Judge Telesca Background: The pro se petitioner challenged the constitutionality of his detention alleging that his trial counsel was ineffective in failing to request that ...

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