NY Daily Record Since 1908

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 ...

Tagged with: Social Security Disability U.S. District Court WDNY

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 ...

Tagged with: Motion to Reconsider U.S. District Court WDNY

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 ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Social Security Disability Disabled – Functional Capacity Wilson v. Colvin 14-cv-6279L Judge Larimer Background: The plaintiff appealed from the denial of his disability benefits by the commissioner of Social Security on the grounds that he was ...

Tagged with: Social Security Disability U.S. District Court WDNY

U.S. District Court, WNDY Age Discrimination Lack of Required Skills – Failure to Improve Paraka v. University of Rochester 13-cv-6483L Judge Larimer Background: The plaintiff commenced an action against her former employer alleging that she was terminated from her employment ...

U.S. District Court, WDNY Eighth Amendment Failure to Provide Medical Care – Deliberate Indifference Lawrence v. Evans 14-cv-6444L Judge Larimer Background:  The pro se plaintiff is an inmate in the custody of the New York State Department of Corrections and ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Eighth Amendment Unauthorized Incarceration – Brief Delay in Release Downey v. Sheahan 15-cv-6129L Judge Larimer Background: The plaintiff alleged that five employees of the Five Points Correctional Facility violated his rights by causing him to serve ...

Tagged with: eighth amendment U.S. District Court WDNY

Federal courts have greatly improved their response to natural disasters in the last decade, according to a new U.S. Courts video, released in observance of National Preparedness Month. The video, available under “judiciary news” at www.uscourts.gov, details lessons from four weather ...

U.S. District Court, WDNY Inmate – Due Process Pro Se – Replead Aguirre v. Kendra 14-cv-6346L Judge Larimer Background: The pro se plaintiff commenced an action alleging that, while he was an inmate in custody of the defendants, violated his ...

Tagged with: due process Inmate U.S. District Court WDNY

U.S. District Court, WDNY Treating Physician Rule Incomplete Record – ALJ’s Duty to Obtain Medical Records Cadet v. Colvin 13-cv-6450L Judger Larimer Background: The plaintiff appealed from the denial of disability insurance benefits and Social Security income by the Commissioner ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY – Removal to Federal Court – Consent – Remand to State Court – Timeliness of Motion   Crenshaw v. McNamara 15-cv-6229L Judge Larimer   Background: The pro se plaintiff commenced an action, in Clinton County, New ...

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U.S. District Court, WDNY Eighth Amendment Adequate Medical Care – Pro Se Litigant White v. Clement 14-cv-6100L Judge Larimer Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, alleged that ...

Tagged with: eighth amendment U.S. District Court WDNY