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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 […]
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 […]
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 […]
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 […]
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[...]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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