A Greece man accused of threatening to kill former President George W. Bush is facing new weapons-related charges in Syracuse. The threat charge against Ian L. Rotunno, 24, was dismissed Friday morning by U.S. Magistrate Judge Marian W. Payson ...
U.S. District Court, Northern District of New York Constitutional Torts Public Employment — First Amendment Retaliation Rotundo v. Village of Yorkville 09-CV-1262 Judge Hurd Background: Plaintiffs Benedict Rotundo Jr. and Kelly Rotundo bring this action against defendants Village of Yorkville, Bruno A. Petruccione as village mayor, Thomas J. Thomas, village deputy mayor, Village Trustees Anthony[...]
U.S. District Court, Northern District of New York Labor Law Class Actions — Certification Rudd v. T.L. Cannon Corp. 10-CV-591 Judge McAvoy Background: Plaintiffs Ann Marie Rudd, Matthew Roach, Melissa Longo, Jennifer Doty and Garrett Titchen, all former employees of the defendants, operators of approximately 53 Applebee’s Neighborhood Grill & Bar Restaurants throughout New York […]
U.S. District Court, Northern District of New York Breach of Contract Damages Ford Motor Credit Co. LLC v. Simao 10-CV-859 Judge McAvoy Background: The plaintiff commenced the instant action on July 15, 2010, seeking to recover monies owed pursuant to personal guaranties signed by defendant Picarazzi. On Dec. 15, 2010, the court granted the plaintiff’s […]
U.S. District Court, Northern District of New York Constitutional Torts Evidence — Prejudice — Credibility Picciano v. McLoughlin 07-CV-781 Judge Suddaby Background: Currently before the court, in this civil rights action filed by Richard J. Picciano against City of Auburn Police Officer Stephan McLoughlin, is the plaintiff’s motion for a new trial based on the […]
U.S. District Court, Northern District of New York Social Security Disability — Administrative Review — Subject Matter Jurisdiction Bessette v. Commissioner of Social Security 09-CV-735 Judge McAvoy Background: Plaintiff pro se Gary Bessette brings this action seeking review of a decision by the commissioner of Social Security denying his request for disability insurance benefits under [&helli[...]
U.S. District Court, Northern District of New York Wrongful Termination False Charges Smith v. CVS RX Services Inc. 10-CV-1462 Judge McAvoy Background: The plaintiff commenced this action in New York State Supreme Court, Broome County, alleging that he was defamed by the defendants’ agents in the course of his employment, and that defendants’ agents’ conduct […]
U.S. District Court, Northern District of New York Medicaid Fraud — Overpayments — Qui Tam Actions United States ex. rel. Blundell v. Dialysis Clinic Inc. 09-CV-710 Judge Mordue Background: On June 22, 2009, plaintiff Paul Blundell filed this qui tam action under seal in accordance with the provisions of the False Claims Act as a […]
U.S. District Court, Northern District of New York Personal Jurisdiction Reconsideration of Dismissal of Claims Grasso v. Grasso 09-CV-1401 Judge Kahn Background: Nicholas J. Grasso commenced this diversity action against the Estate of Joseph F. Grasso Sr., Joseph F. Grasso Jr., Olga Grasso, Teresa Grasso and Michelle Grasso; the amended complaint announced four causes of […]
U.S. District Court, Northern District of New York Trademark Infringement Personal Jurisdiction — Internet Domain Names RVDirect.Com v. Worldwide RV 10-CV-701 Judge Kahn Background: Presently before the court is a motion to dismiss or transfer venue by the defendant. On June 16, 2010, plaintiffs RVDirect.com Inc. and RV Direct Group Inc. initiated this action against […]
U.S. District Court, Northern District of New York Constitutional Torts Religious Freedom Mustafa v. Syracuse City School District 05-CV-813 Judge Scullin Background: On June 29, 2004, plaintiff Abdul-Raoof Mustafa, f/k/a Randolph Thompson, filed an action asserting a First Amendment retaliation claim pursuant to 42 U.S.C. §1983; a Title VII claim for religious discrimination and failure [&hellip[...]
U.S. District Court, Northern District of New York Education Rights IDEA — Disabilities D.G. v. Cooperstown Central School District 09-CV-1064 Judge Hurd Background: Plaintiff P.O. brings an action on behalf of her son, D.G., a child with a disability, against defendant Cooperstown Central School District under the Individuals with Disabilities Education Act. Specifically, the plaintiff [&hellip[...]
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