U.S. District Court, WDNY   Excessive Force Mental Hygiene Law — Qualified Immunity Ryan v. Moss, et al. 11-cv-6015P Judge Payson Background: The pro se plaintiff brought an action against a number of Chemung County Sheriff’s Office employees asserting a number ...

Tagged with: Excessive Force U.S. District Court WDNY

U.S. District Court, WDNY Piercing the Corporate Veil Disclosure — Acting as Principal ADS Plus Advertising Inc. v. Ault, et al. 09-cv-6515P Judge Payson Background: The plaintiffs sued the defendants for breach of contract and unjust enrichment for the defendants’ ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY  Malicious Prosecution Jury Charge — Disclosure Fox v. County of Yates, et al. 10-cv-6020T Judge Payson Background: The plaintiff commenced an action against the defendant asserting a claim for malicious prosecution and for gender discrimination arising out ...

Tagged with: malicious prosecution U.S. District Court WDNY

U.S. District Court, WDNY Failure to attend Deposition Sanctions Nevarez v. Superintendent Hunt, et al. 10-cv-6321L Judge Larimer Background: A former inmate in the custody of the New York State Department of Correctional Services filed a complaint, pro se, alleging that the ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Tax Foreclosure Reacquisition Agreements — Default In re. Cunningham, et al. 12-11897 B Judge Bucki Background: Each of the debtors continued to occupy a residence that they previously owned prior to the completion of a tax ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Preclusion of Evidence Sanctions — Expert Report Lee Valley Tools LTD., et al. v. Industrial Blade Company 10-cv-6242CJS Magistrate Payson Background: The plaintiffs brought an action against the defendant for false advertising and unfair competition in ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Abstention Foreign State Foreclosure Proceeding Value Manufactured Homes LLC et al. v. Key Bank, et al. 12-cv-6392L Judge Larimer Background: The cause of action originated from a mortgage foreclosure and receivership proceeding pending in Michigan Circuit ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Free Exercise Clause Penological Interests Lewis v. A. Zon, et al. 05-cv-6432L Judge Larimer Background: The plaintiff, an inmate in the custody of the New York State Department of Correctional Services, brought an action alleging that ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Just Compensation Expert Testimony — Rule 26 Submissions Millennium Pipeline Company LLC v. Certain Permanent and Temporary Easements, et al. 07-CV-6560L Judge Larimer Background: The plaintiff commenced an action seeking an order pursuant to the Natural ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Employee Speech In Furtherance of Duty Palmer v. Penfield Central School District 10-cv-6267L Judge Larimer Background: The plaintiff brought an action alleging that she was retaliated against by the defendant school district because of her advocacy ...

Tagged with: U.S. District Court WDNY

U.S. District Court, WDNY Fair Labor Standards Act Pleading Sufficiency Peck v. Hillside Children’s Center 11-cv-6545L Judge Larimer Background: In a Fair Labor Standards Act complaint, the named plaintiffs asserted claims against their former employer for failing to pay them for ...

Tagged with: Fair Labor Standards Act U.S. District Court WDNY

U.S. Bankruptcy Court, WDNY Amending Settlement Stipulation Equitable Considerations — Death in the Family In re Select Tree Farms Inc.  12-10669 Judge Bucki Background: After the debtors filed for Chapter 11 relief, entered a settlement with a creditor, requiring the debtor ...

Tagged with: U.S. Bankruptcy Court WDNY