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WDNY

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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WDNY: ERISA: Frommert, et al. v Becker

U.S. District Court for the Western District of New York ERISA Subsequent Employment – Proper Calculation of Benefits – Failure to Provide Notice Frommert, et al. v. Becker 00-CV-6311L Judge Larimer Background: The plaintiffs were participants in the Xerox Retirement ...

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WDNY – Employment Discrimination: Lotocky v. Elmira City School District

U.S.DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK EMPLOYMENT DISCRIMINATION Prima Facie Case – Prior Promotions Lotocky v. Elmira City School District 13-cv-6298L Judge Larimer Background: The plaintiff commenced an action alleging employment discrimination on the basis of national ...

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WDNY – First Amendment: Washington v. Donahue

U.S. District Court, WDNY First Amendment Retaliation – Prisoner Write-ups Washington v. Donahue 11-cv-6176L Judge Larimer Background: The pro se plaintiff commenced an action against employees and officials of Southport Correctional Facility alleging unlawful retaliation in violation of the First ...

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WDNY – Indicative Motion: Medgraph, Inc. v. Medtronic, Inc.

U.S. District Court, WDNY Indicative Motion Basis for Relief – Underlying Predicate Motion Medgraph, Inc. v. Medtronic, Inc. 09-CV-6610L Judge Larimer Background: Following summary judgment for the defendant dismissing the complaint against it, the plaintiff has filed a motion for ...

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WDNY – Social Security Disability: Perkins v. Commissioner of Social Security

U.S. District Court, WDNY Social Security Disability Disabled – Work Capacity Perkins v. Commissioner of Social Security 14-cv-6400L Judge Larimer Background: The plaintiff sought review of the administrative law judge’s decision that she was not disabled under the Social Security ...

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WDNY – Social Security Disability: Westfall v. Colvin

U.S. District Court, WDNY Social Security Disability Credibility – Inconsistent Opinion from Treating Physician Westfall v. Colvin 13-cv-6504L Judge Larimer Background: The plaintiff appealed from the denial of disability benefits on the grounds that she was not disabled. Ruling: The ...

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WDNY – Motion to Reconsider: Security Plans, Inc. v. Cuna Mutual Insurance Society

U.S. District Court, WDNY Motion to Reconsider Claim Dismissed by Request – Abandoned Legal Issue Security Plans, Inc. v. Cuna Mutual Insurance Society 08-CV-6313L Judge Larimer Background: In this contract dispute, at issue is a motion asking the District Court ...

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WDNY – Employment Discrimination: Postell v. Rochester City School District

U.S. District Court, WDNY Employment Discrimination Adverse Employment Action – Policy Maker Postell v. Rochester City School District 11-cv-6550L Judge Larimer Background: The plaintiff is an African-American woman and a former employee of the defendant. She alleged that the defendants ...

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