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Judge drastically cuts attorney’s fees awarded
A federal judge has ordered only about half the attorney’s fees requested to be paid by the city of Ithaca in a discrimination case. Rome attorney A.J. Bosman, who represented plaintiff Christopher Miller, had sought $937,430.38 in fees and $41,430.41 in expenses, but U.S. District Court Judge Gary L. Sharpe allowed only $492,706.73 in fees […]
Insurance Contracts: Jacobson v. Metropolitan Property & Casualty Insurance Co.
U.S. District Court, Northern District of New York Insurance Contracts Flood Policy — 60-Day Notice Period Jacobson v. Metropolitan Property & Casualty Insurance Co. 09-CV-158 Judge Kahn Background: Presently before the court is a motion for summary judgment by Metropolitan Property & Casualty Insurance Co. The plaintiff Robert Jacobson seeks recovery against the defendant under [&hell[...]
Breach of Contract: Cornerstone Realty Group Inc. v. Baum
U.S. District Court, Northern District of New York Breach of Contract Cornerstone Realty Group Inc. v. Baum 07-CV-167 Judge Mordue Background: Plaintiffs Cornerstone Realty Group Inc. and Cornerstone Realty Group LLC claim the defendants wrongfully caused Cornerstone to lose its contractual option to purchase and develop more than 400 lots owned by Greene County. […]
Federal Employers’ Liability: Corsale v. Delaware & Hudson Railway Co. Inc.
U.S. District Court, Northern District of New York Federal Employers’ Liability Corsale v. Delaware & Hudson Railway Co. Inc. 08-CV-572 Judge Sharpe Background: Plaintiff Joseph Corsale Jr. brought action against his employer, Delaware & Hudson Railway Co. Inc. under the Federal Employers’ Liability Act, alleging D&H is liable for injuries he suffered in his left […]
Social Security: Ford v. Astrue
U.S. District Court, Northern District of New York Social Security Ford v. Astrue 06-CV-1227 Judge Kahn Background: In January 2004, Kenneth Ford filed an application for Disability Insurance Benefits and Supplemental Security Income under the Social Security Act, alleging he had been unable to work since Dec. 1, 2001. The commissioner of Social Security denied […]
False Arrest: Nash v. Village of Endicott
U.S. District Court, Northern District of New York False Arrest Sworn Allegations Nash v. Village of Endicott 08-CV-541 Judge Mordue Background: The plaintiff, Lester Nash, is now incarcerated and was arrested twice by officers of the Village of Endicott Police Department in the fall of 2005 for charges involving violations of the state Vehicle and […]
Social Security: Wallis v. Commissioner of Social Security
U.S. District Court, Northern District of New York Social Security Wallis v. Commissioner of Social Security 09-CV-1075 Judge McAvoy Background: In September 2006, plaintiff Patty A. Wallis applied for SSI benefits and disability insurance benefits under the Social Security Act. She alleged she is unable to work due to a variety of physical and mental […]
Job Discrimination: Figueroa v. Tri-City Highway Products Inc.
U.S. District Court, Northern District of New York Job Discrimination Figueroa v. Tri-City Highway Products Inc. 08-CV-868 Judge McAvoy Background: The plaintiff’s action asserts that he was retaliated against at his place of employment in violation of Title VII of the Civil Rights Act of 1964, New York Executive Law §296(1)(e) and New York Labor […]
Social Security: Outley v. Astrue
U.S. District Court, Northern District of New York Social Security Outley v. Astrue 09-CV-141 Judge Scullin Background: In February 2005, plaintiff Vivian Outley filed an application for SSI benefits under the Social Security Act. The plaintiff alleges she has been unable to work since Jan. 25, 2003, due to arthritis, knee replacement, back impairment, depression, […]
Social Security: Giacchi v. Commissioner of Social Security
U.S. District Court, Northern District of New York Social Security Giacchi v. Commissioner of Social Security 10-CV-118 Judge McAvoy Background: Plaintiff Joseph Giacchi’s instant action seeks review of the denial of certain benefits and also asserts claims pursuant to the New York Human Rights Law. He alleges he was discriminated against because of his disability. […]
Job Discrimination: Stuart v. Peake
U.S. District Court, Northern District of New York Job Discrimination Stuart v. Peake 08-CV-1350 Judge Sharpe Background: Plaintiff Donald Stuart commenced this action against defendant James B. Peake, Secretary of Veterans Affairs, under Title VII of the Civil Rights Act of 1964, alleging employment-related race discrimination and unlawful retaliation. Peake has now moved for summary […]
Constitutional Torts: Dewitt v. City of Troy
U.S. District Court, Northern District of New York Constitutional Torts False Arrest Dewitt v. City of Troy 09-CV-16 Judge McAvoy Background: Plaintiffs Jamel DeWitt and Marquese Hill commenced an instant action against the defendants, asserting claims pursuant to 42 U.S.C. §1983 for denial of liberty, unlawful search and seizure, the use of excessive force, malicious […]
Case Digests
- 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
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- 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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