Job Discrimination: Partlow v. City of Gloversville
U.S. District Court, Northern District of New York Job Discrimination Military Status Partlow v. City of Gloversville 08-CV-1046 Judge Hurd Background: The plaintiff sued the defendants pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994. The defendants have moved for summary judgment. The act aims to protect service members’ reemployment rights when […]
Subject Matter Jurisdiction: Barton v. Mikelhayes
U.S. District Court, Northern District of New York Subject Matter Jurisdiction Religious Doctrine Barton v. Mikelhayes 09-CV-63 Judge McAvoy Background: Plaintiff Todd David Barton brought an action pro se against the defendants pursuant to Title VII of the Civil Rights Act of 1964. He alleges claims of gender discrimination; hostile work environment; sexual harassment; violation […]
ADR: Sweringen v. New York State Dispute Resolution Association
U.S. District Court, Northern District of New York ADR Deceptive Practices — Conflict of Interest Sweringen v. New York State Dispute Resolution Association 05-CV-428 Judge Mordue Background: NYSDRA is a nonprofit professional membership organization that provides dispute resolution services. In 2004, the Roman Catholic Diocese of Albany hired retired New York Court of Appeals Judge Howard [&he[...]
Arbitration: Collins v. Ferrari
U.S. District Court, Northern District of New York Arbitration Collins v. Ferrari 08-CV-1274 Judge Suddaby Background: The action, filed by Thomas E. Collins Jr. and Heather Collins pursuant to Section 9 of the Federal Arbitration Act, seeks to confirm an arbitration award rendered in their favor by a Financial Industry Regulatory Authority arbitrator May 20, […]
Privileges and Immunities: Schoenefeld v. State of New York
U.S. District Court, Northern District of New York Privileges and Immunities Non-Resident Attorneys Schoenefeld v. State of New York 09-CV-504 Judge Kahn Background: Ekaterina Schoenefeld, an attorney, filed a pro se action for equitable relief pursuant to 42 U.S.C. §1983 in the Southern District of New York on April 1, 2008, alleging §470 of the […]
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