NY Daily Record Since 1908

U.S. District Court, WDNY Lease Agreements Conversion — Default Xerox Corporation v. Print & Mail By Morrell, Inc., et al. 12-CV-6404L Judge Larimer Background: The plaintiff commenced this action alleging breach of contract and conversion against the defendants for the ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Prisoner Litigation Failure to Protect — Cognizable Claim Haley v. Assistant Field Office Director, et al. 11-cv-6541L Judge Larimer Background: The plaintiff, who was formerly detained in a federal detention facility, brought an action against the ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Non-Compete Employment Contracts Preliminary Injunction — Irreparable Harm — Goodwill Veramark Technologies, Inc. v. Joshua B. Bouk, Cass Information Systems, Inc. 14-cv-6094 EAW Judge Elizabeth A. Wolford Background: The plaintiffs commenced an action against a former ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Show-up Identification Undercover Drug Purchase United States v. Travis 12-cr-6130L Judge Payson Background: The defendant was indicted on numerous counts of cocaine possession, distribution and possession of unregistered firearms. The defendant moved to suppress the identification of ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Racial Discrimination Adverse Employment Action — Retaliation Eldridge v. Rochester City School District 12-cv-6365L Judge Payson Background: The plaintiff commenced an action alleging violations of Title VII of the Civil Rights Act. The plaintiff alleged that she ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Breach of Express Warranty Design Defects — Sufficiency of Complaint Haag v. Hyundai Motor America 12-cv-6521L Judge Larimer Background: The plaintiff commenced a putative class action on behalf of car buyers. The plaintiff alleged that the ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Photographic Identification ‘Miranda’ — Three-Hour Time Lapse United States of America v. Cleveland 12-cr-6109G Judge Payson Background: The defendant was charged with conspiracy to possess with intent to distribute five or more kilograms of cocaine and ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Employment Discrimination Chronic Tardiness and Attendance Martin v. NY Dialysis Services, Inc. 12-cv-6010L Judge Larimer Background: The plaintiff commenced an action alleging the defendant, his former employer, had discriminated against him on the basis of race and ...

Tagged with: employment discrimination U.S. District Court WDNY

U.S. District Court, WDNY Hostile Work Environment Isolated Incidents Salmon v. Pliant Corporation 08-cv-6564L Judge Larimer Background: The plaintiff, a former employee of the defendant, commenced an action alleging discrimination on the basis of race and retaliation. Specifically, the plaintiff alleged ...

Tagged with: hostile work environment U.S. District Court WDNY

U.S. District Court, WDNY Workers’ Compensation Motor Vehicle Accident —Contribution Hallock v. Koubek 12-2905-cv Judges Lohier, Carney and Rakoff   Background: The defendant appealed from the denial of his motion for summary judgment wherein the court determined that the defendant, ...

Tagged with: U.S. District Court WDNY Workers compensation

U.S. District Court, WDNY Eighth Amendment Prisoner Medical Treatment — Deliberate Indifference Virgil v. Darlak, et al. 10-cv-6479P Judge Payson Background: The plaintiff, an inmate in a New York correctional facility, filed suit against the defendants asserting claims for deliberate ...

Tagged with: eighth amendment U.S. District Court WDNY

U.S. District Court, WDNY Inconsistent Verdicts Court’s Instruction United States of America v. Moran-Toala 12-2010-cr Judges Calabresi, Cabranes and Sack Background: The defendant appealed from her conviction of conspiracy to exceed authorized access to a government computer in furtherance of ...

Tagged with: U.S. District Court WDNY