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Tag Archives: WDNY

WDNY – White v. Clement

U.S. District Court, WDNY Eighth Amendment Adequate Medical Care – Pro Se Litigant White v. Clement 14-cv-6100L Judge Larimer Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, alleged that ...

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WDNY – Nelson v. Colvin

U.S. District Court, WDNY SSD Sufficient Evidence – Judge’s Rationale Nelson v. Colvin 14-CV-6430L Judge Larimer Background: The plaintiff sought review of a final determination that she is not disabled under the Social Security Act. She alleged cervical and lumbar ...

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WDNY – Medgraph, Inc. v. Medtronic, Inc.

U.S. District Court, WDNY Patent Infringement Direct vs. Indirect – Induced Infringement Medgraph, Inc. v. Medtronic, Inc. 09-cv-6610L Judge Larimer Background: The case involves two patents concerning health care technology. The patents related to a method whereby medical practitioners or ...

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U.S. District Court, WDNY – Spring v. County of Monroe

U.S. District Court, WDNY First Amendment – Prior Restraint Employee Speech – Matter of Public Concern Spring v. County of Monroe 13-cv-6662L Judge Larimer Background: The plaintiff alleged that the defendants deprived him of his right to free speech and ...

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U.S. District Court, WDNY – Discrimination: Rivera v. Rochester Genesee Regional Transportation Authority

U.S. District Court, WDNY – Discrimination – Successive Motion for Summary Judgment – New Legal Basis   Rivera v. Rochester Genesee Regional Transportation Authority 07-cv-6483L Judge Larimer   Background: The plaintiff commenced an action against his employer, and two employees, asserting claims ...

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U.S. District Court, WDNY – Dismissal of Complaint: Apace Communications v. Burke

U.S. District Court, WDNY – Dismissal of Complaint – Noncompliance   Apace Communications v. Burke 07-cv-6151L Judge Larimer   Background: The complaint alleged that 13 defendants participated in a plan to fraudulently induce plaintiffs to invest millions of dollars in ...

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U.S. District Court, WDNY – Dismissal of Complaint: Apace Communications v. Burke

U.S. District Court, WDNY – Dismissal of Complaint – Noncompliance   Apace Communications v. Burke 07-cv-6151L Judge Larimer   Background: The complaint alleged that 13 defendants participated in a plan to fraudulently induce plaintiffs to invest millions of dollars in ...

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U.S. District Court, WDNY – Products Liability: Guard Insurance Group Inc. v. Techtronic Industries

U.S. District Court, WDNY – Products Liability – Substantial Modification – Safety Device Designed to Be Removed   Guard Insurance Group Inc. v. Techtronic Industries 11-cv-6254L Judge Larimer   Background: The plaintiff, the worker’s compensation insurer of the defendants, commenced ...

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U.S. District Court, WDNY – ERISA: Gedek v. Perez, et al.

U.S. District Court, WDNY – ERISA – Fiduciary Duty – Prudent Investment – Declining Stock   Gedek v. Perez, et al. 12-cv-6051L; 12-cv-6056; 12-cv-6067L; 12-cv-6071L; 12-cv-6078L; 12-cv-6080L; 12-cv-6146L Judge Larimer   Background: The District Court consolidated seven cases as the plaintiffs ...

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U.S. District Court, WDNY – Social Security: James v. Colvin

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: Cordell v. Unisys Corporation

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: Nawrocki v. New York State Office of Children and Family Services

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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