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Jul 8, 2014

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 […]

May 19, 2014

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 […]

Nov 5, 2013

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 […]

Mar 11, 2013

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 […]

Jul 12, 2012

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[...]

Mar 30, 2012

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 […]

Feb 27, 2012

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 […]

Aug 12, 2011

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 ...

Aug 8, 2011

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.

Jun 14, 2011

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 ...

Jun 7, 2011

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 ...

Mar 25, 2011

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.

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