NY Daily Record Since 1908

U.S. District Court, WDNY  Social Security Disability Benefits Substantial Evidence of Disability Boyington v. Colvin 12-cv-6653L Judge Larimer Background: The plaintiff, on behalf of her minor granddaughter, appealed from the denial of disability insurance benefits. Ruling: The District Court granted ...

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U.S. District Court, WDNY Motor Vehicle Accident — Vicarious Liability Graves Amendment — Parent Company – Affiliate Stratton v. Wallace, et al. 11-cv-74-A(HKS) Judge Acara Background: The plaintiff’s decedent’s disabled vehicle was struck by a tractor trailer owned and operated ...

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U.S. District Court, WDNY Pro Se Litigant Frivolous Filing Carmel v. CSH&C, et al. 14-cv-6385L Judge Larimer Background: The pro se plaintiff alleged a number of civil rights claims against 15 defendants. Attached to the plaintiff’s 5-page complaint was a ...

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U.S. District Court, WDNY Labor Relations Management Act Collusion — Sufficiency of Complaint Camelio v. International Brotherhood of Teamsters 13-cv-6034L Judge Larimer Background: The plaintiff commenced an action alleging that the defendant failed to provide him with fair representation and ...

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U.S. District Court, WDNY ERISA Returning Employees — Lump-sum Distribution of Accrued Benefits Anderson v. Xerox Corporation 06-cv-6202L Judge Larimer Background: Current and former employees of the defendant commenced actions under the Employee Retirement Income Security Act. At issue for this ...

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U.S. District Court, WDNY Discrimination Promotion — Non-discriminatory Reason Owens v. Rochester City School District 11-cv-6589L Judge Larimer Background: The plaintiff, a custodian engineer, commenced an action alleging that he was subjected to discriminatory conduct and that the defendant maintained ...

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U.S. District Court, WDNY Habeas Corpus Stay of Proceedings — Exhaustion of Remedies Carr v. Graham 13-CV-0623(DGL) Judge Larimer Background: The petitioner was convicted after a jury trial of attempted murder in the second degree and three counts of criminal ...

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U.S. District Court, WDNY Employment Discrimination and Retaliation Continuing Violation — Exhaustion of Remedies Eaton v. Wayne Central School Dist., et al. 13-cv-6423L Judge Larimer Background: The plaintiffs commenced an action alleging that the defendants engaged in discrimination and retaliation against ...

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U.S. District Court, WDNY  Prisoner Litigation Excessive Force — Plaintiff’s Testimony Crenshaw v. Hamilton 08-cv-6186L Judge Larimer Background: The plaintiff commenced a pro se action alleging that the defendant used excessive force on him in violation of the Eighth Amendment of ...

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U.S. District Court, WDNY Gender Discrimination Nondiscriminatory Reason for Suspension — Employer’s Criticism Lynch v. National Fuel Gas Distribution Corporation 12-cv-6095L Judge Larimer Background: The plaintiff commenced a gender-discrimination and retaliation suite against her former employer. The plaintiff was terminated ...

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U.S. District Court, WDNY Court Order Deficiency — Collateral Matters Wynn v. Reiber 13-CV-6447L Judge Larimer Background: The appellant-debtor appealed from an order from the United States Bankruptcy Court granting his attorney’s request to withdraw as counsel because the debtor ...

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U.S. District Court, WDNY  Fraudulent Inducement Material Misrepresentation — Summary Judgment Apace Communications, LTD., et al. v. Burke, et al. 07-CV-6151L Judge Larimer Background: The plaintiff commenced an action, asserting numerous claims in fraud, against a number of defendants, alleging that it ...

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