U.S. District Court, NDNY Federal Employers’ Liability Act Unsafe Workplace Monington v. CSX Transportation Inc. 1:10-cv-1553 (GLS/RFT) Judge Sharpe Background: The plaintiff commenced a negligence action against his employer under the Federal Employers’ Liability Act. He alleged that his injuries occurred while he was connecting air hoses to railcars. The plaintiff was required to cross over[...]
Earlier this month, New York’s 150 year-old law requiring out-of-state attorneys to have a physical presence in the state to practice law was declared unconstitutional by Northern District of New York Judge Lawrence E. Kahn in the case of Schoenefeld v. State of New York.
The federal prosecution of a Greece man accused of making threats against former President George W. Bush and former Vice President Dick Cheney may be moved from Rochester.
In a First Amendment case decided last week, R.O. v. Ithaca City School District (CV 09-1651), the U.S. Court of Appeals for the Second Circuit ruled Ithaca City School District administrators could prohibit publication and on campus distribution of a high school student newspaper containing sexually explicit stick figures in a cartoon.
U.S. District Court, NDNY Labor Law Overtime — Guest Service Charges Elliott v. Leatherstocking Corp 10-CV-934 Judge McAvoy Background: The defendant owns and operates the Otesaga Hotel and Resort in Cooperstown, N.Y. The defendant employed the plaintiffs Virginia Elliott and Deborah Knoblauch as room attendants, the plaintiff Jon Francis as a dining room busser and […]
U.S. District Court, NDNY Insurance Disclaimer — Payment of Judgments Britt v. General Star Indemnity Company 10-CV-168 Judge Hurd Background: The plaintiff Andrew Britt brought this suit against General Star Indemnity Co. to collect payment of an unsatisfied judgment pursuant to New York State Insurance Law section 3420. The defendant filed an answer to the […]
U.S. District Court, NDNY Tortious Interference Fiduciary Duties — Consultants Albany Molecular Research Inc. v. Schloemer 10-CV-210 Judge Kahn Background: On Jan. 8, plaintiff Albany Molecular Research Inc., a Delaware corporation with a principal place of business in Albany, N.Y., filed this action in the State of New York Supreme Court. AMRI’s complaint asserts four […]
- 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.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
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- Hochul signs law requiring unemployment insurance information from employers