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Supreme Court, Erie County — Pre-emption: In the Matter of the Air Crash near Clarence Center
Supreme Court, Erie County Pre-emption Federal Aviation Regulations — Standard of Care In the Matter of the Air Crash near Clarence Center 13176/2009 Justice Marshall Background: The defendants moved for […]
Second Circuit — ERISA: Arditi v. Lighthouse Int’l
U.S. Court of Appeals for the Second Circuit ERISA Pre-emption Arditi v. Lighthouse Int’l 11-423-cv Judges Straub, Chin and Preska Background: The district court had found that the plaintiff’s claims […]
Court of Appeals — Martin Act: Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc.
New York State Court of Appeals Martin Act Pre-emption — Common-law Claims Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. No. 227 Judge Graffeo Background: The plaintiff commenced […]
Fourth Department — Property Inspection Warrants: Cermak v. City of Rochester
Appellate Division, Fourth Department Property Inspection Warrants Pre-emption — Fourth Amendment Cermak v. City of Rochester CA 11-00089 Appealed from Supreme Court, Monroe County Background: The city requires that rental […]
Second Circuit — Fair Credit Reporting Act: Macpherson v. JP Morgan Chase Bank N.A.
U.S. Court of Appeals for the Second Circuit Fair Credit Reporting Act Pre-emption — False Information Macpherson v. JP Morgan Chase Bank N.A. 10-3722-cv Judges Pooler, B.D. Parker and Carney Background: […]
Fourth Department — ERISA: Runfola v. Siegel, Kelleher & Kahn
Appellate Division, Fourth Department ERISA Pre-emption — Long-term Disability Runfola v. Siegel, Kelleher & Kahn CA 11-01106 Appealed from Supreme Court, Erie County Background: The plaintiff, a former partner in […]
Court of Appeals — Pre-emption: New York State Attorney General v. First American Corporation, et al.
New York State Court of Appeals Pre-emption Real Estate Appraisal Reports New York State Attorney General v. First American Corporation, et al. No. 184 Judge Ciparick Background: The New York […]
Federal law pre-empts state divorce ruling
The $400,000 life insurance benefits of a deceased Wayne County soldier will go to his father, not his children as he had indicated as part of a divorce settlement. U.S. District Court Judge Michael A. Telesca ruled this week that he is bound by federal law ...
Case Digests
- Fourth Department – Possession of a controlled substance: People v. Clark
- Fourth Department – Visitation agreement: Diedrichs-Wheeler v. McAvoy
- Fourth Department – Labor Law: Delisle v. FBBT/US Properties, LLC
- Court of Appeals – Implied covenant of good faith: 111 West 57th Investment, et al. v. 111 W57 Mezz Investor, et al.
- Fourth Department – Negligence: Castle v. Swarfiguer
- Fourth Department – Bifurcation: Calvaneso v. Mochol
- Court of Appeals – Sex Offender Registration Act: People v. Townsend
- Fourth Department – Action for attorney’s fees: Broadway Warehouse Co. v. Buffalo Barn Board LLC
- Second Circuit – Civil forfeiture: United States v. The M/Y Amadea, a Motor Yacht
- Second Circuit – Misdemeanor crime of domestic violence: United States v. Simmons
- Court of Appeals – Sentencing: People v. Flesch
Law News
- NY appeals court reduces sentence for man who fired at deputies
- Telesca Center for Justice names new executive director
- Hochul calls for investigation of accusations against former judge
- Onondaga County attorney disbarred after federal convictions
- Weapon conviction reversed due to illegal police search
- Attorneys presented with Dillon Awards for child advocacy
- NY appeals court upholds tax exempt status for human service agency
- Convictions reversed over illegal NY State Police search
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