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Local woman’s suit chosen as national bellwether case
The lawsuit of Rochester resident suing a hip-implant manufacturer has been selected for trial as a national bellwether case. Ann McCracken’s suit, first filed suit in U.S. District Court in 2011, is one of several filed by Faraci Lange LLP on behalf of victims injured by the same device. In her suit, McCracken alleges injuries […]
Gas driller sues NY, town over local moratorium
ALBANY — A natural gas drilling company is suing state regulators and a western New York town where it has operated for decades over a local moratorium that threatens to put the company out of business. John Holko, owner of Lenape Resources, says papers were served this week in his lawsuit against the. town of AvonHe […]
Lawyer can’t sue gov’t over mistake
WASHINGTON, D.C. — The U.S. Supreme Court on Tuesday issued its first opinion of the new term, saying a lawyer cannot combine two laws to sue the federal government for violating identity theft protection laws banning the printing of credit card numbers and expiration dates on receipts. The justices’ first such rendering of the term […]
Skier assumed risk in chair lift injury
An Onondaga County ski center is not liable for injuries a woman suffered when she fell off the chair lift, a trial court has ruled. Supreme Court Justice Donald A. Greenwood has dismissed the claim of Christina Tone who suffered a fractured hip Feb. 25, 2007, at Song Mountain Ski Center in Tully. “I thought […]
Environmental group sues NY over ballast rules
ALBANY — The National Wildlife Federation sued New York state officials on Thursday for backing off on tough regulations to rid ship ballast water of invasive species that threaten the Great Lakes, the Hudson River and Long Island Sound. The rules would have required cargo vessels to cleanse ballast water to a level at least […]
Court: Alleged victims can’t sue Rumsfeld
CHICAGO — A federal appeals court in Chicago has ruled that two American contractors allegedly tortured by U.S. forces in Iraq can’t sue former Defense Secretary Donald Rumsfeld. The 8-3 decision by the 7th U.S. Circuit Court of Appeals reverses a ruling by a three-judge panel of the same court. Donald Vance and Nathan Ertel […]
COA: Lap dances are not art, are taxable
ALBANY — Lap dances are taxable because they don’t promote culture in a community the way ballet or other artistic endeavors do, New York’s highest court concluded Tuesday in a sharply divided ruling. The court split 4-3, with the dissenting judges saying there’s no distinction in state law between “highbrow dance and lowbrow dance,” so […]
Former law professor’s claim OK to proceed
A federal court will not relinquish its jurisdiction in favor of a parallel action pending in state court in a case brought by a former SUNY Buffalo Law School professor against the school’s dean and another administrator. U.S. District Judge Richard J. Arcara has denied dismissal motions of defendants Dean Makau W. Mutua and Charles […]
Suit against gun maker gets OK to proceed
A Buffalo man, shot in the stomach while a junior in high school, will get his day in court in a case against an Ohio gun company, claiming it and licensed dealers are liable for his injury. The Appellate Division, Fourth Department, is allowing the case to proceed, ruling it falls under one of six […]
US sues Wells Fargo over FHA-insured loan defaults
NEW YORK — The federal government has sued Wells Fargo Bank in New York, blaming the nation’s largest originator of home mortgages for thousands of loan defaults over the last decade. A civil mortgage fraud lawsuit filed in U.S. District Court in Manhattan on Tuesday seeks to recover hundreds of millions of dollars that the […]
High Court to decide on SEC lawsuit
WASHINGTON — The U.S. Supreme Court will decide how long the Securities and Exchange Commission can wait before suing fund executives for securities fraud. The high court on Tuesday agreed to hear an appeal from Gabelli Funds LLC executives Bruce Alpert and Marc J. Gabelli. They were sued by the SEC in 2008 for allegedly […]
EEOC sues for discrimination
The Equal Employment Opportunity Commission has filed a lawsuit in federal court in Denver alleging that a large retail food company refused to accommodate and unlawfully fired a receptionist at its headquarters because she had bipolar disorder. According to the suit, Dillon Companies, which does business in Colorado as King Soopers, Inc., refused to accommodate […]
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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