U.S. District Court, WDNY Racial Discrimination Adverse Employment Action — Retaliation Eldridge v. Rochester City School District 12-cv-6365L Judge Payson Background: The plaintiff commenced an action alleging violations of Title VII of the Civil Rights Act. The plaintiff alleged that she ...

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U.S. District Court, WDNY Breach of Express Warranty Design Defects — Sufficiency of Complaint Haag v. Hyundai Motor America 12-cv-6521L Judge Larimer Background: The plaintiff commenced a putative class action on behalf of car buyers. The plaintiff alleged that the ...

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U.S. District Court, WDNY Photographic Identification ‘Miranda’ — Three-Hour Time Lapse United States of America v. Cleveland 12-cr-6109G Judge Payson Background: The defendant was charged with conspiracy to possess with intent to distribute five or more kilograms of cocaine and ...

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U.S. District Court, WDNY Employment Discrimination Chronic Tardiness and Attendance Martin v. NY Dialysis Services, Inc. 12-cv-6010L Judge Larimer Background: The plaintiff commenced an action alleging the defendant, his former employer, had discriminated against him on the basis of race and ...

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U.S. District Court, WDNY Hostile Work Environment Isolated Incidents Salmon v. Pliant Corporation 08-cv-6564L Judge Larimer Background: The plaintiff, a former employee of the defendant, commenced an action alleging discrimination on the basis of race and retaliation. Specifically, the plaintiff alleged ...

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U.S. District Court, WDNY Workers’ Compensation Motor Vehicle Accident —Contribution Hallock v. Koubek 12-2905-cv Judges Lohier, Carney and Rakoff   Background: The defendant appealed from the denial of his motion for summary judgment wherein the court determined that the defendant, ...

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U.S. District Court, WDNY Eighth Amendment Prisoner Medical Treatment — Deliberate Indifference Virgil v. Darlak, et al. 10-cv-6479P Judge Payson Background: The plaintiff, an inmate in a New York correctional facility, filed suit against the defendants asserting claims for deliberate ...

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U.S. District Court, WDNY Inconsistent Verdicts Court’s Instruction United States of America v. Moran-Toala 12-2010-cr Judges Calabresi, Cabranes and Sack Background: The defendant appealed from her conviction of conspiracy to exceed authorized access to a government computer in furtherance of ...

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U.S. District Court, WDNY Relation Back Doctrine Mistaken Identity — Proper Defendant Talton v. Amalgamated Transit Union 09-cv-6477L Judge Larimer Background: The plaintiff, a member of the defendant union, brought an action against the organization alleging discriminatory failure to represent him. ...

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U.S. District Court, WDNY Search Warrant Scope of Search — Good Faith Reliance United States v. Miller 13-CR-6036L Judge Payson Background: The defendant was charged in a three-count indictment involving the possession and production of child pornography that had been ...

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U.S. District Court, WDNY False Arrest Probable Cause Holloway v. Joseph 10-cv-6470P Judge Payson Background: The pro-se plaintiff commenced an action against a Rochester police officer alleging malicious prosecution, false arrest, and false imprisonment arising from her arrest for second-degree ...

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U.S. District Court, WDNY  Excessive Force Imprecise Recollection Rhodes v. Sanford, et al. 11-cv-6081P Judge Payson Background: The plaintiff initiated an action against the defendants alleging excessive force in effectuating her arrest and that the police department attempted to “cover ...

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