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Public Employees: Wrobel v. County of Erie
U.S. District Court, WDNY Public Employees First Amendment Wrobel v. County of Erie 03-CV-277 Judge Curtin Background: The plaintiff alleged that he was transferred from his position at the Aurora facility of the Erie County Public Works Department, highway division, in retaliation for his exercise of the rights of freedom of speech, political affiliation, and […]
Job Discrimination: Wharton v. University at Buffalo
U.S. District Court, Western District of New York Job Discrimination Wharton v. University at Buffalo 07-CV-116 Judge Arcara Background: In the instant action, plaintiff Monica Wharton, formerly known as Monica Moshenko, alleges that her former employer, UB, discriminated and retaliated against her by cutting her position based upon her gender. The plaintiff further alleges that […]
Debt Collection: Clayson v. Rubin
U.S. District Court, Western District of New York Debt Collection Clayson v. Rubin 08-CV-66 Judge Arcara Background: The plaintiff seeks vacation of the final judgment entered on June 9, 2010 following a defense verdict on May 28, 2010. The plaintiff seeks this relief on the grounds that the defendant admitted at trial to communications that […]
Statute of Limitations: Tinnell v. Invacare Corp.
U.S. District Court, Western District of New York Statute of Limitations Tinnell v. Invacare Corp. 10-CV-79 Judge Arcara Background: This diversity case concerns the plaintiff’s allegations that the defendant’s medical equipment caused her severe and permanent personal injuries and disabilities. Tinnell is a resident of New York who worked as a visiting nurse during the […]
‘Habeas Corpus’: Washington v. Napoli
U.S. District Court, Western District of New York ‘Habeas Corpus’ Washington v. Napoli 08-CV-6453 Judge Telesca Background: Pro se petitioner Daniel Washington has filed a timely petition for a writ of habeas corpus under 28 U.S.C. §2254 challenging the constitutionality of his custody pursuant to a judgment entered Dec. 30, 2003, in New York state, […]
‘Habeas Corpus’: Santiago v. Graham
U.S. District Court, Western District of New York ‘Habeas Corpus’ Santiago v. Graham 08-CV-6465 Judge Telesca Background: The petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254 challenging his conviction in Monroe County Court of, among other things, murder in the first degree. The petitioner was convicted on June […]
ERISA: Brondon v. Prudential Insurance Company of America
U.S. District Court, Western District of New York ERISA Brondon v. Prudential Insurance Company of America 09-CV-6166 Judge Telesca Background: Plaintiff Christian Brondon brings this action against defendant The Prudential Insurance Co. of America seeking payment of life insurance benefits that he claims are owed to him by the defendant following the death of his […]
Medical Malpractice: Grace v. U.S.
U.S. District Court, Western District of New York Medical Malpractice Grace v. U.S. 08-CV-6006 Judge Siragusa Background: The action alleges federal claims under the Federal Tort Claims Act, against the federal government and the Department of Veterans Affairs, as well as state-law claims for medical malpractice against the University of Rochester and Shobha Boghani. Before […]
Bankruptcy Appeal: In Re Livecchi
U.S. District Court, Western District of New York Bankruptcy Appeal Emergency Stay In Re Livecchi 10-MC-6044 Judge Siragusa Background: The appellant filed a voluntary Chapter 11 petition. On Jan. 21, 2010, the trustee filed a motion to convert the case to Chapter 7, alleging the appellant was not pursuing a realistic Chapter 11 plan, because, […]
Subpoenas: Smith v. Benson
U.S. District Court, Western District of New York Subpoenas ‘Pro Se’ Plaintiffs — Third Parties Smith v. Benson 08-CV-485 Judge Schroeder Background: Plaintiff William Smith, acting pro se, has submitted a request that the clerk of the court issue a subpoena duces tecum to Russell Blair, RN, Ph.D, executive department of the Forensic Medical Unit, […]
CERCLA: NL Industries Inc. v. Halliburton Co.
U.S. District Court, Western District of New York CERCLA Costs NL Industries Inc. v. Halliburton Co. 10-CV-89 Judge Arcara Background: Pending before the court is a motion by defendants Halliburton Co. and Halliburton Energy Services, Inc. to dismiss the plaintiff’s amended complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Halliburton seeks dismissal […]
Costs: Byrne v. Telesector Resources Group Inc
U.S. District Court, Western District of New York Costs Prevailing Defendant Byrne v. Telesector Resources Group Inc. 04-CV-76 Judge Skretny Background: Presently before the court is plaintiff Anne M. Byrne’s motion to strike defendant’s bill of costs. The defendant seeks deposition costs in the amount of $7,877. Byrne first contends there should be no presumption […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
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