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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 – Products Liability: Guard Insurance Group Inc. v. Techtronic Industries
U.S. District Court, WDNY – Products Liability – Substantial Modification – Safety Device Designed to Be Removed Guard Insurance Group Inc. v. Techtronic Industries 11-cv-6254L Judge Larimer Background: The plaintiff, the worker’s compensation insurer of the defendants, commenced an action alleging product liability and negligence claims arising from injuries sustaine[...]
U.S. District Court, WDNY – ERISA: Gedek v. Perez, et al.
U.S. District Court, WDNY – ERISA – Fiduciary Duty – Prudent Investment – Declining Stock Gedek v. Perez, et al. 12-cv-6051L; 12-cv-6056; 12-cv-6067L; 12-cv-6071L; 12-cv-6078L; 12-cv-6080L; 12-cv-6146L Judge Larimer Background: The District Court consolidated seven cases as the plaintiffs were participants and beneficiaries of the Savings and Investment Plan of Eastm[...]
U.S. District Court, WDNY – Social Security: James v. Colvin
U.S. District Court, WDNY – Social Security – Attorney’s Fees – Excessive James v. Colvin 10-cv-6429L Judge Larimer Background: The plaintiff moved for an order awarding attorney’s fees in the amount of $13,113.35. The commissioner of Social Security argues that the request was excessive. Ruling: The District Court held that the attorney fee […]
U.S. District Court, WDNY – Employment Discrimination: Cordell v. Unisys Corporation
U.S. District Court, WDNY – Employment Discrimination – Section 1982 and 1983 – Sufficiency of Complaint Cordell v. Unisys Corporation 12-cv-6301L Judge Larimer Background: The plaintiff alleged that his former employer subjected him to unlawful discrimination and a hostile work environment. The defendant moved to dismiss and the plaintiff failed to reply. Rulin[...]
U.S. District Court, WDNY – Due Process: Nawrocki v. New York State Office of Children and Family Services
U.S. District Court, WDNY – Due Process – Liberty Interest – Stigma-plus Theory Nawrocki v. New York State Office of Children and Family Services 14-cv-6412L Judge Larimer Background: The plaintiff commenced an action alleging that, as a result of the circumstances surrounding her termination, she was deprived of a protected liberty interest in violation […]
U.S. District Court, WDNY – Sexual Harassment: Patrick v. Garlick
U.S. District Court, WDNY – Sexual Harassment – Employer – State and Federal Claims Patrick v. Garlick 13-cv-6365L Judge Larimer Background: The plaintiffs alleged that the defendant subjected them to sexual harassment, a hostile work environment and retaliation. The defendant moved to dismiss as he was never the plaintiffs’ employer. The plaintiffs moved to [&hellip[...]
U.S. District Court, WDNY – Collective Bargaining Agreement: Bakery Confectionary Tobacco Workers and Grain Millers Int. Union v. Wegmans Food Markets
U.S. District Court, WDNY – Collective Bargaining Agreement – Arbitration – Exclusionary Clause Bakery Confectionary Tobacco Workers and Grain Millers Int. Union v. Wegmans Food Markets 13-cv-6578L Judge Larimer Background: The plaintiff commenced an action under Section 301(a) of the Labor Management Relations Act seeking to compel arbitration against Wegmans pursuant[...]
U.S. District Court, WDNY – First Amendment: Spring v. County of Monroe, et al.
U.S. District Court, WDNY – First Amendment – Matter of Public Concern – Amended Complaint Spring v. County of Monroe, et al. 13-cv-6662L Judge Larimer Background: The plaintiff, a former employee of the defendant hospital, asserts a number of claims arising out of the termination of his employment. The plaintiff alleged that his termination […]
U.S. District Court, WDNY – Eighth Amendment: McCloud v. Prack
U.S. District Court, WDNY – Eighth Amendment – Destruction of Evidence McCloud v. Prack 14-cv-6253L Judge Larimer Background: The pro se plaintiff is an inmate in the custody of the New York State Department of Corrections and Community Supervision. He sued five individuals who are employees of DOCCS. He alleged that the defendants failed […]
U.S. District Court, WDNY – Destruction of Property: D’Amario v. United States of America
U.S. District Court, WDNY – Destruction of Property – Sovereign Immunity – Due Process D’Amario v. United States of America 14-cv-6088L Judge Larimer Background: The plaintiff commenced a pro se action against an ICE agent alleging destruction of personal property that was seized from him at the time of his arrest. The defendants moved […]
WDNY — Stackhouse v. Colvin
U.S. District Court, WDNY Social Security Disability Psychiatric Records – RFC Reports Stackhouse v. Colvin 12-cv-6474L Judge Larimer Background: The plaintiff appealed from the denial of supplemental security income and disability insurance benefits. She alleged psychiatric conditions disabling her from work. Ruling: The District Court remanded as it found that the record was incomplete and [&h[...]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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