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Tag Archives: U.S. District Court

WDNY — Duplicative Indictments: United States v. Love

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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WDNY — Bankruptcy: Eastman Kodak Company v. Collins Ink Corporation

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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WDNY — Civil Forfeiture: USA v. Sum of $185,336.07 seized from Citizen’s Bank Account

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: Hogan v. Astrue

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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WDNY — Fibromyalgia: Sublette v. Astrue

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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WDNY — New Trial: Rivers v. City of Rochester

U.S. District Court, WDNY New Trial Weight of Evidence — ‘Batson’ Challenges Rivers v. City of Rochester 06-cv-6391L Judge Larimer Background: The plaintiff brought a Section 1983 action against the defendant alleging false arrest, false imprisonment and excessive force. The ...

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WDNY — Due Process: Molano v. Bezio

U.S. District Court, WDNY Due Process Inmate Hearings — Qualified Immunity Molano v. Bezio 10-cv-6481L Judge Larimer Background: The plaintiff brought an action against the director of the Special Housing and the Inmate Discipline Program alleging that during his incarceration ...

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WDNY — Employment and Re-employment Rights Act: Evans v. MassMutual Financial Group

U.S. District Court, WDNY Employment and Re-employment Rights Act Independent Contractor Evans v. MassMutual Financial Group 09-cv-6028L Judge Larimer Background: The plaintiff, a member of the New York Army National Guard, was called to duty in Iraq. At that time he ...

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WDNY — Domestic Transactions: Absolute Activist v. Ficeto

U.S. District Court, WDNY Domestic Transactions Subject Matter Jurisdiction Absolute Activist v. Ficeto 11-221 Judges Newman, Winter and Katzmann Background: The plaintiffs, nine Cayman Islands hedge funds, appealed the dismissal of their complaint with prejudice. The district court dismissed the complaint, ...

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WDNY — Value of Loss: Prendergast v. Pacific Insurance Company, Limited

U.S. District Court, WDNY Value of Loss Reliability of Appraisal — Question of Fact Prendergast v. Pacific Insurance Company, Limited 09-cv-6248P Judge Payson Background: The plaintiff sought a declaratory judgment that his sports card insurance policy issued by the defendant ...

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