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WDNY – First Amendment: Washington v. Donahue
U.S. District Court, WDNY First Amendment Retaliation – Prisoner Write-ups Washington v. Donahue 11-cv-6176L Judge Larimer Background: The pro se plaintiff commenced an action against employees and officials of Southport Correctional Facility alleging unlawful retaliation in violation of the First Amendment. The plaintiff alleged a number of disciplinary write-ups were in retaliation for his fil[...]
U.S. District Court names Loewenguth clerk
The U.S. District Court for the Western District of New York has reached out to the Monroe County Bar Association for its new clerk of court, announcing on Tuesday the appointment of the 2,000-member organization’s executive director to the job. Mary C. Loewenguth, who has overseen the MCBA’s operations for 14 years, will succeed Michael […]
WDNY – Indicative Motion: Medgraph, Inc. v. Medtronic, Inc.
U.S. District Court, WDNY Indicative Motion Basis for Relief – Underlying Predicate Motion Medgraph, Inc. v. Medtronic, Inc. 09-CV-6610L Judge Larimer Background: Following summary judgment for the defendant dismissing the complaint against it, the plaintiff has filed a motion for an indicative ruling pursuant to Rule 62.1 of the Federal Rules of Civil Procedure. The […]
WDNY – Social Security Disability: Perkins v. Commissioner of Social Security
U.S. District Court, WDNY Social Security Disability Disabled – Work Capacity Perkins v. Commissioner of Social Security 14-cv-6400L Judge Larimer Background: The plaintiff sought review of the administrative law judge’s decision that she was not disabled under the Social Security Act. Ruling: The District Court affirmed. The court found that a 54-year old woman with […]
WDNY – Social Security Disability: Westfall v. Colvin
U.S. District Court, WDNY Social Security Disability Credibility – Inconsistent Opinion from Treating Physician Westfall v. Colvin 13-cv-6504L Judge Larimer Background: The plaintiff appealed from the denial of disability benefits on the grounds that she was not disabled. Ruling: The District Court found that the administrative law judge applied the correct legal standards and supported [&hellip[...]
WDNY – Motion to Reconsider: Security Plans, Inc. v. Cuna Mutual Insurance Society
U.S. District Court, WDNY Motion to Reconsider Claim Dismissed by Request – Abandoned Legal Issue Security Plans, Inc. v. Cuna Mutual Insurance Society 08-CV-6313L Judge Larimer Background: In this contract dispute, at issue is a motion asking the District Court to reconsider an earlier order that the claim had been properly dismissed based on the […]
WDNY – Employment Discrimination: Postell v. Rochester City School District
U.S. District Court, WDNY Employment Discrimination Adverse Employment Action – Policy Maker Postell v. Rochester City School District 11-cv-6550L Judge Larimer Background: The plaintiff is an African-American woman and a former employee of the defendant. She alleged that the defendants subjected her to discrimination and retaliation in violation of her constitutional right to equal protection [[...]
WDNY – Social Security Disability: Wilson v. Colvin
U.S. District Court, WDNY Social Security Disability Disabled – Functional Capacity Wilson v. Colvin 14-cv-6279L Judge Larimer Background: The plaintiff appealed from the denial of his disability benefits by the commissioner of Social Security on the grounds that he was not disabled. The parties moved for a judgment on the pleadings. Ruling: The District Court […]
WDNY – Eighth Amendment: Lawrence v. Evans
U.S. District Court, WDNY Eighth Amendment Failure to Provide Medical Care – Deliberate Indifference Lawrence v. Evans 14-cv-6444L Judge Larimer Background: The pro se plaintiff is an inmate in the custody of the New York State Department of Corrections and Community Supervision. He alleges that the physicians employed by DOCCS violated his Eighth Amendment rights […]
WDNY – Eighth Amendment: Downey v. Sheahan
U.S. District Court, WDNY Eighth Amendment Unauthorized Incarceration – Brief Delay in Release Downey v. Sheahan 15-cv-6129L Judge Larimer Background: The plaintiff alleged that five employees of the Five Points Correctional Facility violated his rights by causing him to serve a sentence of incarceration for five days longer than he should have. The defendants moved […]
WDNY – Aguirre v. Kendra
U.S. District Court, WDNY Inmate – Due Process Pro Se – Replead Aguirre v. Kendra 14-cv-6346L Judge Larimer Background: The pro se plaintiff commenced an action alleging that, while he was an inmate in custody of the defendants, violated his due process rights when he was confined to the Special Housing Unit. The defendants filed […]
WDNY – Cadet v. Colvin
U.S. District Court, WDNY Treating Physician Rule Incomplete Record – ALJ’s Duty to Obtain Medical Records Cadet v. Colvin 13-cv-6450L Judger Larimer Background: The plaintiff appealed from the denial of disability insurance benefits and Social Security income by the Commissioner of Social Security. The commissioner determined that the plaintiff was not disabled. Ruling: The District […[...]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
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