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Defense counsel: Decision renders ‘Brady’ useless
A Rome, N.Y. man convicted of burglarizing the pizzeria where he worked received a fair trial and will not get a new one, despite a couple of possible errors. The Appellate Division, Fourth Department, in a decision issued Thursday, found if there were any errors in the trial of Michael A. Guariglia, 30, they were […]
Defense lawyers fear slippery slope post-decision
WASHINGTON — Criminal defense attorneys are expressing concerns about a recent decision from the U.S. Supreme Court holding that a vehicle search based on an anonymous 911 call was constitutional. The ruling in Prado Navarette v. California, No. 12-9490, weakens the standard for when police can stop and search a vehicle, defense attorneys say. “This […]
Attorney to appeal red light camera decision
Rochester attorney Lawrence Krieger said he plans to appeal the decision determining that Rochester’s red-light camera program is constitutional and his ticket stands. State Supreme Court Justice J. Scott Odorisi’s decision released Nov. 4 states the red-light cameras were enacted in furtherance of public safety, although Krieger and his attorney, Michael Steinberg, had argued the […]
NY will make health call on gas drilling in weeks
ALBANY — New York’s health commissioner says he won’t wait for completion of any of the pending gas drilling studies and plans a recommendation “in weeks” on whether the state should approve hydraulic fracturing. Health Commissioner Nirav Shah says Monday he won’t wait for the final results, which could be years away. Instead, he says […]
Appraiser, real estate agent await decision
After an administrative hearing in Syracuse last month, Rochester-based real estate broker Gerard Curre and his brother, appraiser Lucien Curre, are awaiting a decision on improper appraisal allegations of several mobile home parks. A law judge from the Department of State’s Office of Administrative Hearings is currently reviewing allegations including the filing of deficient, fraudulent [&helli[...]
Justices likely already know fate of historic health care case
WASHINGTON — While the rest of us have to wait until June, the justices of the Supreme Court likely knew the outcome of the historic health care case by the time they went home for the weekend. After months of anticipation, thousands of pages of briefs and more than six hours of arguments, the justices […]
COA decision limits reach of labor law section
A plaintiff’s claim that owners of a manufacturing facility leased to the plaintiff’s employer were liable for the plaintiff’s injuries has been dismissed the state Court of Appeals. In a favorable decision obtained by Hodgson Russ for commercial property owners, the Court of Appeals has affirmed earlier decisions issued by the Supreme Court and the […]
Second Circuit reverses course following High Court decision
A 2010 decision by the U.S. Supreme Court is behind a ruling change by the U.S. Court of Appeals for the Second Circuit in a case involving a defendant’s rights against self-incrimination. At issue is whether Gordon J. Plugh, 39, formerly of Rochester ...
SDNY judge yanks earlier e-discovery decision
A federal judge’s decision to withdraw a decisive e-discovery ruling she issued earlier this year muddies the waters with regard to the production of metadata and other electronic evidence in complex civil litigation, according to local practitioners familiar with the case.
Recent decision good news for PAETEC
AT&T and other larger communications companies will have to share their lines with their smaller competitors. The U.S. Supreme Court unanimously ruled last week that AT&T Michigan, as an incumbent local exchange carrier ...
Ruling expected this week in cigarette tax saga
BUFFALO — The Seneca Indian Nation is awaiting a judge's decision in its latest challenge of New York state's efforts to tax reservation cigarette sales to non-Indian customers. Last week, lawyers for the western New York tribe went to court in Buffalo ...
Another key moment arrives in Kodak’s patent fight
Eastman Kodak is awaiting a high-stakes patent dispute decision regarding smartphone technology used by Apple Inc. and Research in Motion Ltd. And company shares are spiking.
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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