Free Newsletter
Fourth Department – Motion to Dismiss: Fitzgerald v. SMS/800, Inc.
Appellate Division, Fourth Department Motion to Dismiss Amended Complaint – Duplicative Causes of Action Fitzgerald v. SMS/800, Inc. CA 15-00356 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action following his termination as president and chief executive officer of the defendant. The plaintiff alleged a breach of the parties’ employment agreement. The [&he[...]
In re: Karlstrom
U.S. District Court, WDNY Abuse Motion to Dismiss — Change of Circumstances In re: Karlstrom 09-12267 B Judge Bucki Background: The trustee moved to dismiss the bankruptcy case for the third time. The trustee had successfully dismissed the case after finding that the bankruptcy relief sought by the debtors would constitute abuse. The debtors refilled […]
Motion to Dismiss: Burroughs v. City School District #39 School, et al.
U.S. District Court, WDNY Motion to Dismiss Exhaustion of Remedies Burroughs v. City School District #39 School, et al. 10-CV-6320 Judge Telesca Background: The plaintiff brought action under the Americans with Disabilities Act claiming he was discriminated against by the defendants on the basis of his disability. The plaintiff did not allege what disability he […]
Motion to Dismiss: Malcolm v. Honeoye Falls-Lima Central School District
U.S. District Court, WDNY Motion to Dismiss COBRA Benefits Malcolm v. Honeoye Falls-Lima Central School District 08-CV-6300 Judge Larimer Background: On Nov. 10, 2009, this court granted a motion by the defendant in this matter, the Honeoye Falls-Lima Central School District to dismiss the complaint, primarily on the grounds that the plaintiff’s claims of discrimination […]
Copyright: Peter F. Gaito Architecture LLC v. Simone Development Corp.
U.S. Court of Appeals, Second Circuit Copyright Non-infringement — Motion to Dismiss Peter F. Gaito Architecture LLC v. Simone Development Corp. 09-2613-cv Appealed from the Southern District of New York Background: The appeal is from a judgment granting the defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and dismissing the plaintiffs’ […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
Polls
Loading ...