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‘Habeas’ Review: Arturo DeJesus v. Supt. Gerald Greene
U.S. District Court, WDNY ‘Habeas’ Review Arturo DeJesus v. Supt. Gerald Greene 06-CV-0375(Sr) Judge Schroeder Jr. Background: The petitioner challenged his conviction following a jury trial on the charges of attempted murder in the second degree and criminal possession of a weapon in the fourth degree on the ground that the evidence of intent was […]
Zoning: DC3 LLC v. The Town of Geneva et al.
U.S. District Court, WDNY Zoning Takings DC3 LLC v. The Town of Geneva et al. 10-CV-6084L Judge Larimer Background: The plaintiff contends that the defendant altered the residential zoning classification of certain real property owned by the plaintiff. The plaintiff contends that in passing the local law, the defendant failed to comply with a number […]
Insurance: Billitier v. Merrimack Mutual Fire Insurance Co.
U.S. District Court, WDNY Insurance Reasonable Precautions by Insured Billitier v. Merrimack Mutual Fire Insurance Co. 08-CV-6482 Judge Larimer Background: The plaintiff Ronald Billitier Jr. brings this action against Merrimack Mutual Fire Insurance Co., seeking coverage for water damage pursuant to a property insurance policy he purchased from Merrimack. Merrimack has moved for summary judgment [[...]
Prisoner Civil Rights: Malik Muhammad v. Lester Wright
U.S. District Court, WDNY Prisoner Civil Rights Right to Counsel — Civil Cases Malik Muhammad v. Lester Wright 08-CV-473(Sr) Magistrate Judge H. Kenneth Schroeder Jr. Background: The plaintiff alleged that he has been denied appropriate medical treatment at Sing Sing Correctional Facility. On the plaintiff’s fourth motion for appointed counsel, the plaintiff presented evidence that […]
Motion to Dismiss: Malcolm v. Honeoye Falls-Lima Central School District
U.S. District Court, WDNY Motion to Dismiss COBRA Benefits Malcolm v. Honeoye Falls-Lima Central School District 08-CV-6300 Judge Larimer Background: On Nov. 10, 2009, this court granted a motion by the defendant in this matter, the Honeoye Falls-Lima Central School District to dismiss the complaint, primarily on the grounds that the plaintiff’s claims of discrimination […]
Job Discrimination: Andersen v. Rochester City School District
U.S. District Court, WDNY Job Discrimination Gender Discrimination — Retaliation Andersen v. Rochester City School District 09-CV-6259 Judge Telesca Background: The plaintiff Tina M. Andersen brought this job discrimination action alleging gender discrimination, retaliation for engaging in a protected activity, and violations of the Equal Protection Clause and the First Amendment. The plaintiff [...]
Personal Jurisdiction: Eastman Kodak Company v. Kyocera Corporation
U.S. District Court, WDNY Personal Jurisdiction Patent License — Transaction of Business in New York Eastman Kodak Company v. Kyocera Corporation 10-CV-6334 Judge Siragusa Background: This is an action for breach of contract, involving a patent licensing agreement between the parties. The defendant filed a motion to dismiss for lack of personal jurisdiction. More recently, […]
Patent Infringement: GSC Technologies Corporation v. Umbra LLC
U.S. District Court, WDNY Patent Infringement Breach of Contract GSC Technologies Corporation v. Umbra LLC 07-CV-461 Judge Skretny Background: Presently before the court are the plaintiff GSC Technologies Corporation’s motion for judgment on the pleadings seeking dismissal of the defendants’ counterclaims and the defendants Umbra LLC and Umbra Inc.’s motion to amend their answer. GS[...]
Energy: Millennium Pipeline Company LLC v. Certain Permanent and Temporary Easements In Thayer Road (63.00-1-24.1)
U.S. District Court, WDNY Energy Interstate Transportation —Eminent Domain — Good Faith Negotiations Millennium Pipeline Company LLC v. Certain Permanent and Temporary Easements In Thayer Road (63.00-1-24.1) 07-CV-6560 Judge Larimer Background: The Natural Gas Act provides the Federal Energy Regulatory Commission with jurisdiction over the transportation and sale of natural gas in interstate c[...]
Zoning: DC3 LLC v. Town of Geneva
U.S. District Court, WDNY Zoning Vested Interest in Zoning Classification — Due Process DC3 LLC v. Town of Geneva 10-CV-6084 Judge Larimer Background: The plaintiff DC3 LLC brings the instant action, seeking to invalidate Local Law #3 of 2009, passed by the Town of Geneva, which altered the residential zoning classification of certain real property […]
Bankruptcy: In Re Dale E. Anderson
U.S. Bankruptcy Court, Western District of New York Bankruptcy Abusive Filings — Retirement-Conversion to Chapter 13 In Re Dale E. Anderson 10-11161 Judge Bucki Background: The Office of the United States Trustee has moved to dismiss this Chapter 7 case as an abusive filing under 11 U.S.C. §707(b). Although he concedes income at a level […]
Discovery: Star Direct Telecom Inc. v. Global Crossing Bandwidth Inc.
U.S. District Court, Western District of New York Discovery Contested Issues Star Direct Telecom Inc. v. Global Crossing Bandwidth Inc. 05-CV-6734 Judge Payson Background: Plaintiffs United States Telesis Inc. and Star Direct Telecom Inc. have brought this action against defendant Global Crossing Bandwidth Inc. alleging breach of contract claims, claims under Sections 201 and 202 […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- 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.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- 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
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