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U.S. District Court, Western District of New York Bankruptcy Appeal ‘Res Judicata’ Conigliaro v. Presidential Life Insurance Co. 08-CV-789 Judge Skretny Background: The Estate of Frances A. Conigliaro appeals the bankruptcy court’s denial of its motion for turnover of a ...

Tagged with: 'Res Judicata' Bankruptcy appeal U.S. District Court Western District of New York

U.S. District Court, Western District of New York Bankruptcy Appeal — Chapter 7 Spouse’s Bankruptcy Estate-Insurance Policies Ring v. McDonald 09-CV-398 Judge Skretny Background: The Chapter 7 trustee appeals the bankruptcy court’s decision to grant the debtors’ motion to compel ...

Tagged with: Bankruptcy appeal Chapter 7 U.S. District Court Western District of New York

U.S. District Court, Western District of New York ERISA Disability Benefits— Latent Symptoms O’Hara v. National Union Fire Insurance Co. 08-CV-6121 Judge Larimer Background: Plaintiff Patricia O’Hara filed an action against National Union Fire Insurance Co. of Pittsburgh, Pa., seeking ...

Tagged with: Disability Benefits ERISA U.S. District Court Western District of New York

U.S. District Court, Western District of New York Alternative Dispute Resolution In Re Air Crash Near Clarence Center, Feb. 12, 2009 09-md-2085 Judge Skretny Background: On March 18, 2010, defendants Bombardier Inc. and Bombardier Aerospace Corp., in litigation stemming from ...

Tagged with: Continental Airlines mediation U.S. District Court Western District of New York

U.S. Bankruptcy Court, Western District of New York Chapter 11 Collateral — Legal Fees In Re Successor Borrower Services LLC 09-13505 Judge Bucki Background: In a Chapter 11 case, the trustee objected to the terms of a retainer agreement between ...

Tagged with: chapter 11 debtor U.S. Bankruptcy Court Western District of New York

U.S. District Court, Western District of New York Fair Labor Standards Act Salaried Employees Partial Absences Scholtisek v. Eldre Corp. 03-CV-6656 Judge Larimer Background: Fredrick Scholtisek commenced the lawsuit, approved as a class action, against his former employer, Eldre Corp. ...

Tagged with: Fair Labor Standards Act FLSA U.S. District Court Western District of New York

U.S. Bankruptcy Court, Western District of New York Chapter 7 False Statements — Discharge In Re William Carpitella 09-20332 Judge Ninfo Background: On Feb. 13, 2009, William L. Carpitella, filed a petition initiating a Chapter 7 case. The debtor omitted ...

Tagged with: Chapter 7 false statements U.S. Bankruptcy Court Western District of New York

U.S. District Court, Western District of New York Debt Collection Annis v. Eastern Asset Management LLC 08-CV-458 Judge Skretny Background: The plaintiffs filed a complaint alleging various violations of the Fair Debt Collection Practices Act. The defendant failed to appear ...

Tagged with: Debt collection Fair Debt Collection Practices Act U.S. District Court Western District of New York

U.S. District Court, Western District of New York Social Security Glover v. Astrue 08-CV-218 Judge Telesca Background: Plaintiff Sherri L. Glover brings an action pursuant to §205(g) of the Social Security Act seeking review of a final decision of the ...

Tagged with: Social Security U.S. District Court Western District of New York

U.S. District Court, Western District of New York Due Process Hearing — Drug Test Results Taddeo v. County of Niagara 06-CV-832 Judge Curtin Background: Plaintiff John S. Taddeo claims he was wrongfully terminated from his employment as a deputy sheriff ...

Tagged with: due process Niagara County U.S. District Court Western District of New York

U.S. District Court, Western District of New York Age Discrimination Diello v. Potter 08-CV-6165 Judge Larimer Background: Plaintiff Nancy Diello brought an action against her employer, U.S. Postmaster General John E. Potter,  alleging the USPS denied her a promotion on ...

Tagged with: Age Discrimination U.S. District Court Western District of New York USPS

U.S. District Court, Western District of New York ADA Evidence of Disability Luciano v. City of Rochester 08-CV-6264 Judge Telesca Background: Plaintiff Richard Luciano, a former probationary employee of the defendant City of Rochester brought an action pursuant to the ...

Tagged with: ADA City of Rochester U.S. District Court Western District of New York