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WDNY

Mar 30, 2010

Supervised Release: U.S. v. Vazquez

U.S. District Court, Western District of New York Supervised Release U.S. v. Vazquez 96-CR-6002 Judge Larimer Background: The former defendant served a prison term for drug offenses and now is on supervised release in Florida. He moves pro se for early termination of his term of supervised release under the federal statute that allows a […]

Mar 30, 2010

Debt Collection: Folts v. Eastern Asset Management LLC

U.S. District Court, Western District of New York Debt Collection Default Judgment Folts v. Eastern Asset Management LLC 08-CV-255 Judge Arcara Background: The plaintiffs brought action against a debt collector for violations of federal law. In a June 17, 2009 order, counsel was granted permission to withdraw from representing defendant Eastern Asset Management LLC. That […]

Mar 26, 2010

ERISA: Burke v. Lash Work Environments LLC

U.S. District Court, Western District of New York ERISA Burke v. Lash Work Environments LLC 07-CV-663 Judge Skretny Background: Defendant Gary M. Casey purchased LASH Equipment Corp. on May 29, 1987. On Oct. 16, 1998, LASH Equipment Corp. changed its name to LASH Work Environments Inc. LASH contributed to the Buffalo Carpenters’ Pension Fund, as […]

Mar 25, 2010

Bankruptcy Appeal: Conigliaro v. Presidential Life Insurance Co.

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 $100,000 pre-paid annuity policy. The bankruptcy court held that the estate’s claim to the asset […]

Mar 25, 2010

Bankruptcy Appeal — Chapter 7: Ring v. McDonald

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 the trustee to return insurance policy proceeds. The bankruptcy court held that certain insurance policy [&helli[...]

Mar 25, 2010

ERISA: O’Hara v. National Union Fire Insurance Co.

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 benefits pursuant to a National Union disability plan offered by her former employer, ITT Flygt […]

Mar 24, 2010

Alternative Dispute Resolution: In Re Air Crash Near Clarence Center, Feb. 12, 2009

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 the crash of a Continental Airlines regional flight near Buffalo in 2009, moved for an […]

Mar 24, 2010

Chapter 11: In Re Successor Borrower Services LLC

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 the debtor and its counsel. The central issue involves the propriety of a security interest […]

Mar 23, 2010

Fair Labor Standards Act: Scholtisek v. Eldre Corp.

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. Scholtisek alleges Eldre violated the Fair Labor Standards Act and New York Labor Law by […]

Mar 19, 2010

Chapter 7: In Re William Carpitella

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 significant property on the schedules and statements. The trustee conducted a Section 341 meeting of […]

Mar 19, 2010

Debt Collection: Annis v. Eastern Asset Management LLC

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 and the plaintiffs moved for a default judgment. Plaintiffs Ross and Phyllis Annis are a […]

Mar 19, 2010

Social Security: Glover v. Astrue

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 commissioner of Social Security denying her application both for disability insurance benefits and supplemental security […]

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