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WDNY – White v. Clement
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 his rights were violated when he was denied adequate medical care. The plaintiff had complained […]
U.S. District Court, WDNY – Legal Malpractice: Oak Forest Products, Inc. et al v. Hiscock & Barclay
U.S. District Court, WDNY – Legal Malpractice – Settlement Due to Negligence Oak Forest Products, Inc. et al v. Hiscock & Barclay 12-cv-6453L Judge Larimer Background: The plaintiff alleges legal malpractice related to the defendant’s representation of the plaintiff’s sister corporation concerning copyright and patent matters. Previously, the defendant’s motio[...]
WDNY – Nelson v. Colvin
U.S. District Court, WDNY SSD Sufficient Evidence – Judge’s Rationale Nelson v. Colvin 14-CV-6430L Judge Larimer Background: The plaintiff sought review of a final determination that she is not disabled under the Social Security Act. She alleged cervical and lumbar disc disease, arthritis and asthma, her 41-years of age, and her minimal high school education, […]
WDNY – Medgraph, Inc. v. Medtronic, Inc.
U.S. District Court, WDNY Patent Infringement Direct vs. Indirect – Induced Infringement Medgraph, Inc. v. Medtronic, Inc. 09-cv-6610L Judge Larimer Background: The case involves two patents concerning health care technology. The patents related to a method whereby medical practitioners or patients taking readings of certain variable data, input the data into a computer, and transmit […]
U.S. District Court, WDNY – Copyright: McDonald v. K-2 Industries, Inc.
U.S. District Court, WDNY – Copyright – Substantial Similarity – Aggregated Copyright Claims McDonald v. K-2 Industries, Inc. 09-CV-6357L Judge Larimer Background: The plaintiff entered into an Artist Letter Agreement wherein she agreed to create and design gift items to be sold by the defendant. The items that the plaintiff would create were […]
U.S. District Court, WDNY – Spring v. County of Monroe
U.S. District Court, WDNY First Amendment – Prior Restraint Employee Speech – Matter of Public Concern Spring v. County of Monroe 13-cv-6662L Judge Larimer Background: The plaintiff alleged that the defendants deprived him of his right to free speech and subjected him to defamation, negligence and legal malpractice. The plaintiff was employed as executive health […]
U.S. District Court, WDNY – Insurance Contract: Ellison v. Allstate Indemnity Company
U.S. District Court, WDNY – Insurance Contract – Water Damage – Accidental Event Ellison v. Allstate Indemnity Company 12-cv-6261L Judge Larimer Background: The plaintiffs commenced an action seeking coverage for water damage pursuant to a property insurance policy they had purchased from the defendant. The defendant moved for summary judgment on the grounds […]
U.S. District Court, WDNY – Discrimination: Lotocky v. Elmira City School District
U.S. District Court, WDNY – Discrimination – Plaintiff’s Subjective Beliefs – Frivolous Lotocky v. Elmira City School District 13-cv-6298L Judge Larimer Background: The plaintiff commenced an action against his employer asserting claims of national origin-based discrimination and retaliation. The defendant argues that the plaintiff’s claims are frivolous. The plaint[...]
U.S. District Court, WDNY – Social Security Disability: Borsching v. Colvin
U.S. District Court, WDNY – Social Security Disability – Treating Psychologist – Weight of Evidence Borsching v. Colvin 14-cv-6092L Judge Larimer Background: The plaintiff sought review of a determination of the commissioner of Social Security that she is not disabled under the Social Security Act. The administrative law judge found that the plaintiff […]
U.S. District Court, WDNY – Discrimination: Rivera v. Rochester Genesee Regional Transportation Authority
U.S. District Court, WDNY – Discrimination – Successive Motion for Summary Judgment – New Legal Basis Rivera v. Rochester Genesee Regional Transportation Authority 07-cv-6483L Judge Larimer Background: The plaintiff commenced an action against his employer, and two employees, asserting claims of workplace discrimination, harassment and retaliation based on race and na[...]
U.S. District Court, WDNY – Dismissal of Complaint: Apace Communications v. Burke
U.S. District Court, WDNY – Dismissal of Complaint – Noncompliance Apace Communications v. Burke 07-cv-6151L Judge Larimer Background: The complaint alleged that 13 defendants participated in a plan to fraudulently induce plaintiffs to invest millions of dollars in a company. After discovery, many of the defendants were dismissed from the action. After summary […]
U.S. District Court, WDNY – Dismissal of Complaint: Apace Communications v. Burke
U.S. District Court, WDNY – Dismissal of Complaint – Noncompliance Apace Communications v. Burke 07-cv-6151L Judge Larimer Background: The complaint alleged that 13 defendants participated in a plan to fraudulently induce plaintiffs to invest millions of dollars in a company. After discovery, many of the defendants were dismissed from the action. After summary […]
Case Digests
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
- Fourth Department – Out-of-possession landlord: Smith v. Marshall Farms Group, et al.
- Second Circuit – Supervised release: United States v. Francis
- Fourth Department – Court of Claims: Santiago v. State of New York
- Fourth Department – Peremptory challenge: People v. Santiago
- Fourth Department – Negligence: Scime v. Hale Northeastern
Law News
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
- Appeals court cancels fine against Rochester nursing home
- Deal reached to protect reproductive health care rights at Jefferson County jail
- $1.5M settlement reached in fatal shooting by Canandaigua police officer
- Orleans County lawsuit against Genesee County threatens STAMP development
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