Free Newsletter
Second Circuit — Substantial Evidence: Brault v. Social Security Administration
U.S. Court of Appeals for the Second Circuit Substantial Evidence Expert Testimony Brault v. Social Security Administration 11-2121-cv Judges B.D. Parker, Hall and Wallace Background: The plaintiff appealed from an order affirming the determination of the Commissioner of Social Security denying his application for disability benefits. Specifically, the plaintiff objected to the court’s reliance [...]
Appellate Division, Fourth Department – Substantial Evidence: Monroe v. Fischer
Appellate Division, Fourth Department Substantial Evidence Misbehavior Reports Monroe v. Fischer TP 11-00551 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination that he violated inmate rules, such as stalking, interference with an employee and harassment. The petitioner argued that the findings were not sup[...]
Torres v. Astrue
U.S. District Court, WDNY Social Security Disability Disability — Substantial Evidence Torres v. Astrue 10-cv-6581 Judge Telesca Background: The plaintiff sought review of the final decision of the commissioner of Social Security denying his application for disability insurance benefits and supplemental security income. The plaintiff alleged that the administrative law judge committed numerous e[...]
Article 78: Ridge Road Fire District v. Schiano, et al.
New York State Supreme Court, Monroe County Article 78 Substantial Evidence Ridge Road Fire District v. Schiano, et al. 2006/02089 Justice Frazee Background: The respondent firefighter was employed by the petitioner fire district and sought benefits for injuries he had sustained during the course of employment. The petitioner had initially denied the claim for benefits, […]
Social Security Benefits: McMillan v. Astrue
U.S. District Court, WDNY Social Security Benefits Substantial Evidence McMillan v. Astrue 10-CV-6213L Judge Larimer Background: The plaintiff had received Supplemental Security Income Benefits as a child based on a disability. When the plaintiff reached the age of 18, he was reexamined under the disability standards of an adult. The Commissioner of Social Security determined […]
Administrative Law: Britt v. Astrue
U.S. District Court, WDNY Administrative Law Substantial Evidence Britt v. Astrue 10-CV-6200T Judge Telesca Background: The plaintiff brought the action seeking review of a final decision by the commissioner of Social Security that alleged the decision of the Administrative Law Judge was not supported by substantial evidence contained in the record and was contrary to […]
Case Digests
- 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.
Law News
- 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
Polls
Loading ...