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Tag Archives: U.S. District Court

WDNY — Social Security Disability: Fee v. Astrue

U.S. District Court, WDNY Social Security Disability Vocational Expert — Transferable Skills Fee v. Astrue 11-cv-6625L Judge Larimer Background: The plaintiff sought review of the commissioner of Social Security’s determination that he was not disabled under the Social Security Act. ...

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WDNY — Non-Exertional Limitations: Crayton v. Astrue

U.S. District Court, WDNY Non-Exertional Limitations Mental Impairments Crayton v. Astrue 11-cv-6617L Judge Larimer Background: The plaintiff appealed from the denial of her application for Supplemental Security Income benefits. The plaintiff alleged that she had an inability to work due ...

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WDNY — Animal Owner Negligence: Hastings v. Sauve

U.S. District Court, WDNY Animal Owner Negligence Farm Animal Hastings v. Sauve No. 78 Judge Smith Background: The plaintiff was injured when her vehicle hit a cow on a public road. The plaintiff brought an action against the cow’s owners ...

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WDNY — Discrimination and Equal Pay: McCullough v. Xerox Corporation

U.S. District Court, WDNY Discrimination and Equal Pay Hostile Work Environment McCullough v. Xerox Corporation 12-cv-6405L Judge Larimer Background: The plaintiff brought an action against her former employer alleging that she was discriminated against because of her race and gender.  ...

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WDNY — Defendant Identification: United States v. Young

U.S. District Court, WDNY Defendant Identification Independently Reliable Basis — Extensive Contact United States v. Young 10-cr-6211L Judge Payson Background: The defendant moved to suppress a photographic identification made by a cooperating government witness. A bifurcated Wade hearing was conducted ...

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WDNY — Forum Selection Clause: Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al.

U.S. District Court, WDNY Forum Selection Clause Mandatory — Removal to State Court Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al. 12-cv-6424L Judge Larimer Background: The parties consented to hearing a landlord-tenant dispute concerning a shopping ...

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WDNY — Duty of Care: Roberts v. Los Alamos National Security, LLC, et al.

U.S. District Court, WDNY  Duty of Care Employer/Employee Relationship Roberts v. Los Alamos National Security, LLC, et al. 11-cv-6206L Judge Larimer Background: An employee of the University of Rochester brought an action seeking damages for serious injuries he received during ...

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WDNY — Suppression: United States of America v. Wiggins

U.S. District Court, WDNY  Suppression Reasonable Suspicion — Custodial Interrogation United States of America v. Wiggins 12-cr-6114L Judge Payson Background: The defendant was charged with numerous counts of drug possession with intent to sell. The defendant moved to suppress physical ...

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WDNY — Maintaining Apartment for Drug Manufacture: United States of America v. Love

U.S. District Court, WDNY Maintaining Apartment for Drug Manufacture Present vs. Maintain United States of America v. Love 10-cr-6116L Judge Larimer Background: The defendant was indicted for numerous offenses including drug trafficking and firearm-related offenses. Following a jury trial, he was convicted ...

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WDNY — Social Security Disability — Functional Capacity: Harris v. Astrue

U.S. District Court, WDNY Social Security Disability — Functional Capacity Sedentary Work — Total Disability Harris v. Astrue 11-cv-6299L Judge Larimer Background: The plaintiff appealed from the denial of his application for disability insurance benefits by the commissioner of Social ...

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