U.S. District Court, WDNY Age Discrimination — Disability Exhaustion — Pretext McNamee v. Starbucks Coffee Company 10-cv-6508 cjs Judge Siragusa Background: The plaintiff alleged that her former employer discriminated against her and filed numerous claims under the Civil Rights Act, ...

Tagged with: Age Discrimination Disability U.S. District Court WDNY

U.S. District Court, WDNY Duty to Defend Public Officers Law — Scope of Employment Lang v. Kidera 11-cv-6603-cjs Judge Siragusa Background: The defendant Kidera filed a cross-motion seeking to compel the defendant county of Ontario to provide him a defense ...

Tagged with: duty to defend U.S. District Court WDNY

U.S. District Court, WDNY Rehabilitation Act Sovereign Immunity Alexander v. SUNY at Buffalo 10-cv-6681-cjs-jwf Judge Siragusa Background: The plaintiff, a former student at the defendant college, brought an action alleging that she had to withdraw because the defendant failed to ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Insurance Coverage Broker Liability — Incorrect Insurance Estimate Ambroselli v. C.S. Burral & Son Inc. 11-cv-6267-cjs-mwp Judge Siragusa Background: The plaintiff brought an action alleging breach of contract and negligence when her bed and breakfast burned ...

Tagged with: Insurance Coverage U.S. District Court WDNY

U.S. District Court, WDNY  Ineffective Assistance of Appellate Counsel Sentencing United States v. Snow 02-cr-6109 cjs; 08-cv-6066 cjs Judge Siragusa Background: The defendant moved the court to vacate, set aside, or correct his sentence stemming from a verdict finding him guilty ...

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U.S. District Court, WDNY  Inmate Deprivation Orders Due Process — Eighth Amendment Johnson v. Colvin, et al. 09-cv-6413-cjs Judge Siragusa Background: The plaintiff commenced an action against the New York State Department of Corrections and Community Supervision for alleged constitutional violations in ...

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U.S. District Court, WDNY  Hostile Work Environment Racial Discrimination — Exhaustion of Remedies Brown v. Xerox Corporation 10-cv-6233-cjs Judge Siragusa Background: The defendant moved to dismiss two of the plaintiff’s causes of action, alleging racial discrimination and hostile work environment. The ...

Tagged with: hostile work environment U.S. District Court WDNY

U.S. District Court, WDNY Supplemental Security Benefits Missing Medical Evidence — Substantial Evidence Sanders v. Astrue 12-cv-6179-cjs Judge Siragusa Background: The plaintiff brought an action on behalf of her daughter alleging that the commissioner of Social Security improperly denied her ...

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U.S. District Court, WDNY Falsely Accused — Sexual Molestation Prosecutorial Immunity — Qualified Immunity Schnitter v. City of Rochester, et al. 11-cv-6026L Judge Larimer Background: The plaintiff brought a § 1983 action against the defendants for his arrest and prosecution ...

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U.S. District Court, WDNY Workers’ Compensation Third-Party Action — Notice to Injured Worker Baxter v. Techtronic Industries, et al. 11-cv-6254L Judge Larimer Background: A workers’ compensation carrier brought an action on behalf of the named plaintiff as the assignee of ...

Tagged with: U.S. District Court WDNY Workers compensation

While filings at the trial level of federal courts declined in the last fiscal year, appellate cases were on the uptick, according to the latest data submitted by federal court officials to the U.S. Judicial Conference. The data covers the ...

Tagged with: Federal Courts WDNY

U.S. District Court, WDNY Oral Settlement Agreement Misrepresentation of Material Fact — Pro Se Parties Bastedo v. North Rose-Wolcott Central School District 10-cv-6162L Judge Larimer Background: The pro se plaintiff brought an action against her former employer alleging violations of the ...

Tagged with: U.S. District Court WDNY