U.S. District Court, WDNY – Social Security – Attorney’s Fees – Excessive   James v. Colvin 10-cv-6429L Judge Larimer   Background: The plaintiff moved for an order awarding attorney’s fees in the amount of $13,113.35. The commissioner of Social Security argues ...

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U.S. District Court, WDNY – Employment Discrimination – Section 1982 and 1983 – Sufficiency of Complaint   Cordell v. Unisys Corporation 12-cv-6301L Judge Larimer   Background: The plaintiff alleged that his former employer subjected him to unlawful discrimination and a hostile ...

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U.S. District Court, WDNY – Due Process – Liberty Interest – Stigma-plus Theory   Nawrocki v. New York State Office of Children and Family Services 14-cv-6412L Judge Larimer   Background: The plaintiff commenced an action alleging that, as a result of ...

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U.S. District Court, WDNY – Sexual Harassment – Employer – State and Federal Claims   Patrick v. Garlick 13-cv-6365L Judge Larimer   Background: The plaintiffs alleged that the defendant subjected them to sexual harassment, a hostile work environment and retaliation. The ...

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U.S. District Court, WDNY – Collective Bargaining Agreement – Arbitration – Exclusionary Clause   Bakery Confectionary Tobacco Workers and Grain Millers Int. Union v. Wegmans Food Markets 13-cv-6578L Judge Larimer   Background: The plaintiff commenced an action under Section 301(a) of ...

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U.S. District Court, WDNY – First Amendment – Matter of Public Concern – Amended Complaint   Spring v. County of Monroe, et al. 13-cv-6662L Judge Larimer   Background: The plaintiff, a former employee of the defendant hospital, asserts a number of ...

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U.S. District Court, WDNY – Eighth Amendment – Destruction of Evidence   McCloud v. Prack 14-cv-6253L Judge Larimer   Background: The pro se plaintiff is an inmate in the custody of the New York State Department of Corrections and Community Supervision. ...

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U.S. District Court, WDNY – Destruction of Property – Sovereign Immunity – Due Process   D’Amario v. United States of America 14-cv-6088L Judge Larimer   Background: The plaintiff commenced a pro se action against an ICE agent alleging destruction of personal ...

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U.S. District Court, WDNY – Employment Discrimination – Untimely Administrative Charge – Non-government Actor   Reyes v. The College of Science Administration Rochester Institute of Technology 14-cv-6023L Judge Larimer   Background: The plaintiff, proceeding pro se, commenced an action against his ...

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U.S. District Court, WDNY Social Security Disability Psychiatric Records – RFC Reports Stackhouse v. Colvin 12-cv-6474L Judge Larimer Background: The plaintiff appealed from the denial of supplemental security income and disability insurance benefits. She alleged psychiatric conditions disabling her from ...

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U.S. District Court, WDNY – Social Security Disability – Treating Physician Rule – COPD   Wilferth v. Colvin 13-cv-6235L Judge Larimer   Background: The plaintiff commenced an action seeking review of a decision of the commissioner of Social Security which denied ...

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U.S. District Court, WDNY  Social Security Disability Benefits Substantial Evidence of Disability Boyington v. Colvin 12-cv-6653L Judge Larimer Background: The plaintiff, on behalf of her minor granddaughter, appealed from the denial of disability insurance benefits. Ruling: The District Court granted ...

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