U.S. District Court, Western District of New York Social Security Gelser v. Astrue 09-CV-803 Judge Arcara Background: Plaintiff John Paul Gelser seeks review of defendant’s decision denying him Social Security Disability Insurance benefits under Title II of the Social Security ...

Tagged with: Social Security U.S. District Court Western District of New York

U.S. District Court, Western District of New York Class Certification Breach of Contract — Lack of Common Form Contract Jim Ball Pontiac-Buick-GMC Inc. v. DHL Express Inc. 08-CV-761 Judge Curtin Background: Presently before the court is a motion for class ...

Tagged with: breach of contract class certification U.S. District Court Western District of New York

U.S. District Court, Western District of NY Civil Rights Retaliation — Race of Spouse — Costs and Damages Matusick v. Erie County Water Authority 07-CV-489 Judge Arcara Background: Pending before the court are several post-trial motions that the parties filed ...

Tagged with: civil rights retaliation U.S. District Court Western District of New York

U.S. District Court, Western District of New York CERCLA Unpaid Cleanup Costs — Contractor Bonds Price Trucking Corp. v. Norampac Industries Inc. 09-CV-990 Judge Arcara Background: Plaintiff Price Trucking Corp. commenced this action under the Comprehensive Environmental Response, Compensation and ...

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U.S. District Court, Western District of New York ADA Retaliation — Disclosure of Medical Records Zembiec v. County of Monroe 09-CV-6075 Judge Larimer Background: Plaintiff Thomas Zembiec brings this action under the Americans with Disabilities Act and 42 U.S.C. §§1983 ...

Tagged with: ADA retaliation U.S. District Court Western District of New York

U.S. District Court, Western District of New York Social Security Clark v. Astrue 09-CV-841 Judge Arcara Background: Plaintiff Keith T. Clark seeks review of defendant’s decision denying him Social Security Disability Insurance benefits under Title II of the Social Security ...

Tagged with: Social Security U.S. District Court Western District of New York

U.S. District Court, Western District of New York Debt Collection Pre-Recorded Messages — Exemption from TCPA Claims Santino v. NCO Financial Systems Inc. 09-CV-982 Judge Curtin Background: Plaintiffs Maria and Giuseppe Santino claim that defendant NCO Financial Systems Inc., a ...

Tagged with: Debt collection U.S. District Court Western District of New York

U.S. District Court, Western District of New York Fair Housing Act Homeowner’s Associations — Visitor Parking Restrictions Carpenter v. Churchville Greene Homeowner’s Association Inc. 09-CV-6552 Judge Telesca Background: The plaintiff Carpenters are a married couple, both with severe disabilities that ...

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The individual mandate in the new federal health care reform law is constitutional, the U.S. District Court for the District of Columbia has ruled in granting a dismissal. President Barack Obama signed the Patient Protection and Affordable Care Act ...

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U.S. District Court, Western District of New York Toxic Torts Asbestos Claims — Scientific Knowledge at Time of Death Garner v. DII Industries LLC 10-CV-6345 Judge Siragusa Background: This diversity asbestos litigation case is before the court on the defendants’ ...

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U.S. District Court, Western District of New York Labor Law FLSA Teoba v. Trugreen Landcare LLC 10-CV-6132 Judge Siragusa Background: In this action, the plaintiffs are asserting claims for unpaid wages pursuant to the Federal Fair Labor Standards Act, and ...

Tagged with: FLSA Labor Law U.S. District Court Western District of New York

U.S. District Court, Western District of New York Job Discrimination Cristofaro v. Lake Shore Central School District 06-CV-487 Judge Skretny Background: Plaintiff Corrine Cristofaro commenced this employment discrimination action by filing a complaint in the district court. Therein, she alleges ...

Tagged with: job discrimination U.S. District Court Western District of New York