U.S. District Court, WDNY Federal Indictment Dismissal — Attorney-client Privilege United States v. Rondeau 92-cr-0080L Judge Larimer Background: A grand jury entered a one-count indictment against the defendant for willfully and knowingly failing to appear at a Federal Correctional Facility ...

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U.S. District Court, WDNY Cruel and Unusual Punishment Legal Sufficiency Randolph v. Lindsay 09-cv-6597L Judge Larimer   Background: The plaintiff, filing pro se, alleged that his rights were violated while he was an inmate in the custody of the New ...

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U.S. District Court, WDNY Suppression of Physical Evidence Suppression of Statements — Legal Sufficiency United States v. Ahmad 11-CR-6130L Magistrate Payson Background: The defendant was charged with inducing, enticing and coercing a minor to engage in sexually explicit conduct for the ...

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In a decision and order issued last week, U.S. District Court, WDNY Judge Michael A. Telesca ruled that Monroe County Sheriff’s Deputy Michelle Albertelli’s claims against the county for violating her procedural due process rights and for municipal liability can ...

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U.S. District Court, WDNY Social Security Residual Functional Capacity — Type II Diabetes Juliano v. Astrue 10-cv-6682L Judge Larimer Background: The plaintiff filed for disability insurance benefits alleging an inability to work due to diabetes mellitus, high blood pressure, a ...

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U.S. District Court, WDNY Probable Cause False Arrest — Obstruction Yevstifeev v. Steve, et al. 08-cv-6476L Judge Larimer Background: The plaintiff and his wife brought an action, pro se, against the town of Brighton Police Department and its police chief ...

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U.S. District Court, WDNY Duplicative Indictments Multiple Apartments United States v. Love 10-cr-6116L Judge Payson Background: The defendant had been charged in six counts of a seven-count indictment. A grand jury returned a superseding indictment charging him with two new offenses: ...

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U.S. District Court, WDNY Bankruptcy Automatic Stay Eastman Kodak Company v. Collins Ink Corporation 11-cv-6513L Judge Payson Background: The defendant provided ink to the plaintiff for use in its commercial ink-jet printers for over a decade. After the parties’ most ...

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President Barack Obama has nominated a western New York judge to serve on the U.S. District Court. The president announced Monday that he had nominated Monroe County Judge Frank Paul Geraci Jr. for the federal bench for the Western District ...

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U.S. District Court, WDNY   Civil Forfeiture Controlled Substances Act U.S.A. v. Sum of $185,336.07 seized from Citizen’s Bank Account L7N-01967 08-cv-6287L Judge Larimer   Background: The U.S. commenced an in rem forfeiture action on the grounds that the claimant the ...

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U.S. District Court, WDNY Social Security Benefits Appeal — Statute of Limitations Hogan v. Astrue 06-cv-6513L Judge Larimer   Background: Three claimants brought a class action for the denial of Social Security Disability Insurance and/or Supplemental Security Income benefits. The plaintiffs ...

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U.S. District Court, WDNY Fibromyalgia Disabling Impairment — Weight of Physician’s Reports Sublette v. Astrue 10-CV-6299L Judge Larimer   Background: The plaintiff appealed from the determination by the commissioner of Social Security that denied her claim for disability insurance benefits ...

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