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Tag Archives: U.S. District Court

WDNY — Workers’ Compensation: Hallock v. Koubek

U.S. District Court, WDNY Workers’ Compensation Motor Vehicle Accident —Contribution Hallock v. Koubek 12-2905-cv Judges Lohier, Carney and Rakoff   Background: The defendant appealed from the denial of his motion for summary judgment wherein the court determined that the defendant, ...

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WDNY — Inconsistent Verdicts: United States of America v. Moran-Toala

U.S. District Court, WDNY Inconsistent Verdicts Court’s Instruction United States of America v. Moran-Toala 12-2010-cr Judges Calabresi, Cabranes and Sack Background: The defendant appealed from her conviction of conspiracy to exceed authorized access to a government computer in furtherance of ...

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WDNY — Relation Back Doctrine: Talton v. Amalgamated Transit Union

U.S. District Court, WDNY Relation Back Doctrine Mistaken Identity — Proper Defendant Talton v. Amalgamated Transit Union 09-cv-6477L Judge Larimer Background: The plaintiff, a member of the defendant union, brought an action against the organization alleging discriminatory failure to represent him. ...

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WDNY — False Arrest: Holloway v. Joseph

U.S. District Court, WDNY False Arrest Probable Cause Holloway v. Joseph 10-cv-6470P Judge Payson Background: The pro-se plaintiff commenced an action against a Rochester police officer alleging malicious prosecution, false arrest, and false imprisonment arising from her arrest for second-degree ...

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WDNY — Leave to Amend: Mulvihill v. State of New York

U.S. District Court, WDNY Leave to Amend Eleventh Amendment Immunity Mulvihill v. State of New York 13-cv-6268L Judge Larimer Background: The plaintiff alleged that Child Protective Services unit of Ontario County Department of Social Services violated her Fourth Amendment constitutional ...

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WDNY — Disability: Montesano v. Westgate Nursing Home, Inc.

U.S. District Court, WDNY Disability Vitamin Deficiency — Physical Limitations Montesano v. Westgate Nursing Home, Inc. 10-cv-6676L Judge Larimer Background: The plaintiff, a former employee of the defendant, alleged that due to her physical disability, she was discriminated against, harassed, ...

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WDNY — Statute of Frauds: Haughton v. Cognisigt LLC

U.S. District Court, WDNY Statute of Frauds Business Opportunity — Terminable at Will Haughton v. Cognisigt LLC 13-cv-6010L Judge Larimer Background: The plaintiff commenced an action seeking reimbursement for services he provided the defendant. The parties never entered into a formal ...

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WDNY — Prison Litigation: Doe v. Selsky

U.S. District Court, WDNY  Prison Litigation Tolling Statute of Limitations — Administrative Grievances Doe v. Selsky 08-cv-6199L Judge Larimer Background: The Second Circuit vacated a prior dismissal of the pro se plaintiff’s prisoner action, with instructions for the court to ...

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