Parties often move a district court in pending civil actions to compel arbitration in accordance with an arbitration clause. A problem arises, however, when that clause specifies that arbitration must occur outside of the district’s territorial bounds….
In this social security appeal, plaintiff argued the ALJ and Appeals Council had no legal authority to adjudicate the case because they were not properly appointed….
Plaintiffs brought a class action against a manufacturer, asserting claims for breach of warranty, fraud, negligent misrepresentation, and unlawful business practices….
Plaintiffs filed suit challenging certain amendments and provisions of the New York Reproductive Health Act (“RHA”)….
By Mike Langan, Law Clerk to Hon. Glenn T. Suddaby, USDJ Arbitration Dogan v. Keybank, N.A., 18-CV-0205 (N.D.N.Y.) (10/10/18) – Diversity action against national banking association by passbook savings account holder, asserting claims of breach of contract,...
Contributed by Eric M. O’Bryan and Eric J. Weinhold – Albany Law School, Class of 2018 Consumer Protection Kommer v. Ford Motor Co., 17-CV-0296(LEK/DJS) (7/28/17) – Putative class action for deceptive acts and false advertising under NY General Business Law §§ 349 and...
2012 Empire Gen Holdings, Inc. v. Governor of New York, 11-CV-1509(NAM) (7/11/12) – action seeking money damages, permanent injunction barring the enforcement of Sections 33 and 34 of the New York State Tax Law, and judgment declaring Sections 33 and 34...
2005 Lewis v. Comm'r of Soc. Sec. , 00-CV-1225(GLS), 2005 WL 1899399 (8/2/05) challenge of the denial of benefits by the Commissioner of Social Security on grounds that the administrative law judge erroneously assessed plaintiff's residual functioning capacity,...
2013 Denny v. Ford Motor Co., 11-CV-1239(DNH) (8/13/13) – action by two former-products-liability litigants asserting claims sounding in fraud and violations of RICO, alleging that but for defendant’s fraud and conspiracy during pre trial and trial phases of prior...
2011 Rotundo v. Village of Yorkville, 09-CV-1262(DNH) (3/4/11) – civil rights action by part-time village police officer and wife against village and village employees arising from termination of officer’s employment, asserting constitutional claims of retaliation,...
2013 Albany Int’l Corp. v. Yamauchi Corp., 13-CV-0257(DNH) (10/22/13) – action by manufacturer against competitor and its sales representative, alleging that Defendants violated its patents on various design aspects of shoe press belts used to remove excess water...
2013 Argonaut Ins. Co. v. Samsung Heavy Indus. Co., Ltd., 10 CV 1516(MAD) (3/11/13) action arising from fire in garage, asserting claims of negligent design and manufacture, failure to warn, and strict liability; denying plaintiffs’ motion to preclude defendants'...