Free Newsletter
State expands power to go after repeat toll evaders
ALBANY — New York state has expanded power to go after repeat toll evaders. A new regulation allows the state Department of Motor Vehicles to suspend the registration of motorists who fail to pay three or more toll violations within a five-year period. Previously, the DMV was allowed to suspend a registration when someone avoided […]
Second Circuit – ‘Habeas Corpus’: Collins v. Ercole
U.S. Court of Appeals for the Second Circuit ‘Habeas Corpus’ Statute of Limitations — Tolling Collins v. Ercole 10-2331-pr Judges Livingston, Lohier and Carney Background: The petitioner appealed from a judgment and order granting the respondent’s motion to dismiss the petitioner’s writ of habeas corpus as untimely. The petitioner argued that the court had erred […]
Jordan v. Corning Community College, et al.
U.S. District Court, WDNY Continuing Violation Doctrine Tolling Jordan v. Corning Community College, et al. 11-cv-6182 Judge Telesca Background: The plaintiff alleged she suffered gender discrimination while she was a student at the Southern Tier Law Enforcement Academy at Corning College. She further alleged she was terminated as a student and college thereafter gave her negative […]
Statute of Limitations: Int’l Strategies Grp. Ltd. v. Ness
U.S. Court of Appeals for the Second Circuit Statute of Limitations Tolling — Continuing Course of Conduct Int’l Strategies Grp. Ltd. v. Ness 10-1581-cv Judges Jacobs, Cabranes and Kravitz Background: The plaintiff appealed an order dismissing its complaint as untimely. The plaintiff had alleged breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and conspi[...]
Notice of Appeal: Johnson, et al. v. Univ. of Rochester Med. Ctr. et al.
U.S. Court of Appeals for the Second Circuit Notice of Appeal Tolling — Sanctions Johnson, et al. v. Univ. of Rochester Med. Ctr. et al. 10-2258-cv(L); 10-2267-cv (con) Circuit Judges Wesley, Chin and Lohier Jr. Background: The appellant brought a qui tam action alleging that the University of Rochester Medical Center and Strong Memorial Hospital […]
‘Habeas Corpus’: Jenkins v. Greene
U.S. Court of Appeals, Second Circuit ‘Habeas Corpus’ Limitations Period — Tolling Jenkins v. Greene 09-3623-pr Appealed from the Southern District of New York Background: The appellant was sentenced after trial to two consecutive 25-year prison terms. He argues that he received ineffective assistance of counsel, in that his trial counsel failed to inform him […]
Case Digests
- 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 – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- 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
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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