U.S. District Court, WDNY Eighth Amendment Medical Treatment Collier v. Harter, et al. 04-cv-6514-CJS Judge Siragusa Background: The plaintiff, a prison inmate previously in the custody of the New York State Department of Corrections and Community Supervision, brought a pro ...

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U.S. District Court, WDNY Attorney-Client Privilege ERISA — Fiduciary Exception Gill, et al. v. Bausch & Lomb Supplemental Retirement Plan I, et al. 09-CV-6043CJS Judge Payson Background: The plaintiffs alleged that the defendants had unlawfully reduced their vested benefits in Bausch ...

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U.S. District Court, WDNY Defective Recording of a Mortgage Lis Pendens — Bona Fide Purchaser In re Barbara Sheppard 09-11017 B Judge Bucki   Background: After receiving a duly executed mortgage on the debtor’s real property, the defendant Countrywide Home ...

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U.S. District Court, WDNY  ERISA Plan Interpretation Holley v. Empire State Carpenters Pension Plan, et al. 11-cv-6316L Judge Larimer   Background: The plaintiff alleged that the defendants wrongfully denied him disability retirement pension benefits in violation of ERISA. The defendants ...

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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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