Appellate Division, Fourth Department Domestic Animal Owner’s Liability Standard Tennant v. Tabor CA 11-01109 Appealed from Supreme Court, Herkimer County Background: The plaintiff sought damages for injuries he sustained when his vehicle collided with a horse owned by the defendants. The defendants appealed the denial of their motion for summary judgment. Ruling: The Appellate Division [&hellip[...]
Appellate Division, Fourth Department Violating a Prior Order of Custody Standard Oravec v. Oravec CAF 10-01236 Appealed from Family Court, Niagara County Background: The petitioner-respondent mother appealed the family court’s decision to dismiss her petition alleging that the father had violated a prior order of custody. The mother also appealed the dismissal of her petition seeking […[...]
Appellate Division, Fourth Department Defamation News Broadcast — Standard Gordon v. LIN TV Corporation, et al. CA 11-00456 Appealed from Supreme Court, Erie County Background: The plaintiff appealed from an order dismissing his defamation action. The plaintiff had been misidentified as the president of a bankrupt investment fund during an evening news broadcast on a […]
Appellate Division, Fourth Department Setting Aside a Verdict Standard Todd v. PLSIII LLC, et al. CA 11-00712 Appealed from Supreme Court, Niagara County Background: The plaintiff, Todd, was a passenger in a vehicle driven by Hasley, a defendant and plaintiff. The vehicle driven by Hasley was in an accident with a vehicle owned by PLSIII. […]
U.S. District Court, WDNY Late Summons Standard Reed v. Aqueon Products et al. 11-cv-6027 Judge Telesca Background: The plaintiffs brought suit against the defendants for negligence, product liability and breach of warranty based on a fire that occurred in the plaintiff’s home. The plaintiffs allege that the fire was caused by a product manufactured and […]
U.S. District Court, WDNY Sealing Court Records Standard NXIVM Corporation v. Doyes 11-MC-6009L Judge Larimer Background: The plaintiff sought to compel the deposition of a nonparty witness. The witness responded by filing a motion to quash the subpoena served upon her by the plaintiff corporation. The court ordered the deposition to be taken, but the […]
New York State Court of Appeals Intoxication Jury Charge Standard People v. Sirico No. 116 Memorandum Background: After the defendant, a skilled archery hunter, fired his bow toward his neighbor’s yard and fatally struck the victim, he was convicted of second-degree murder. On appeal the defendant principally contends that he was entitled to an intoxication […]
A rule that lawyers and judges in New York and beyond have been using to determine damages in patent infringement cases has been abolished by the Federal Circuit Court.
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- 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 affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA