U.S. District Court, WDNY Default Judgment Law Office Failure Elexco Land Services Inc. v. Hennig 11-CV-214A Judge Arcara Background: The defendant moved the court to set aside the entry of default against him. Defense counsel claims that, in order to ...

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U.S. District Court, WDNY Immigration ‘Habeas’ Review — Ripeness Kaluza v. Herron et al. 10-CV-403A Judge Arcara Background: The petitioner had remained in the United States without a proper visa until he was discovered by immigration officials after a series ...

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U.S. District Court, WDNY ‘Habeas’ Review Ineffective Assistance of Counsel — Procedural Default Dixon v. Groveland Correctional Facility 09-CV-00543T Judge Telesca Background: The petitioner filed a timely writ of habeas corpus challenging the constitutionality of his custody pursuant to a ...

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U.S. District Court, WDNY Punitive Damages Bifurcated Trial Equal Employment Opportunity Commission v. Sterling Jewelers Inc. 08-CV-706A Judge Arcara Background: The EEOC brought an action on behalf of female employees currently or formerly employed by the defendant. EEOC made a ...

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U.S. District Court, WDNY Temporary Restraining Order Irreparable Harm Clinical Insight Inc. v. Louisville Cardiology Medical Group PSC 11-CV-6019T Judge Telesca Background: The plaintiff, the owner of a computer software program known as “Pronto,” brought an action against the defendant, ...

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U.S. District Court, WDNY Motion to Dismiss Exhaustion of Remedies Burroughs v. City School District #39 School, et al. 10-CV-6320 Judge Telesca Background: The plaintiff brought action under the Americans with Disabilities Act claiming he was discriminated against by the ...

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U.S. District Court, WDNY  Attorney’s Fees  Hours Billed  Masetta v. The Town of Irondequoit, et al. 06-CV-6143T Magistrate Judge Payson  Background: The court had previously issued a decision that awarded attorney’s fees to the plaintiff in connection to a motion ...

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U.S. District Court, WDNY ‘Habeas’ Right to Defense — Excluded Medical Records Monk v. Bradt 09-CV-0932(VEB) Magistrate Judge Bianchini Background: A jury convicted the petitioner on three counts including murder in the first degree, first-degree burglary and criminal possession of ...

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U.S. District Court, WDNY Procedural Default Exhaustion Mobley v. Kirkpatrick 09-CV-6525(VEB) Magistrate Bianchini Background: The petitioner filed a petition for a writ of habeas corpus challenging his conviction and custody after a jury verdict on charges of assault and criminal ...

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U.S. District Court, WDNY ‘Habeas Corpus’ Stay of Proceedings Harris v. Conway 07-CV-6504(VEB) Magistrate Bianchini Background: The petitioner requested a writ of habeas corpus challenging his conviction on charges relating to the assault of a correction officer at Wende Correctional ...

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U.S. District Court, WDNY Special Election Fox, et al. v. Paterson 10-CV-6240L Judge Larimer Background: The action was commenced by three residents of the 29 Congressional District seeking a mandatory injunction directing the governor of New York to call a ...

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U.S. District Court, WDNY Social Security Benefits Attorney’s Fees Wilson v. Commissioner of Social Security 09-CV-6488 Judge Telesca Background: The plaintiff initially brought the action against the commissioner of Social Security (“the commissioner”) after she was denied Social Security Disability ...

Tagged with: Attorney’s Fees Social Security Benefits U.S. District Court WDNY