Decisions of Interest

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’…

2013 Town of Verona (Oneida Cnty.) v. Cuomo, 13-CV-1100(LEK) (10/30/13) – hybrid proceeding pursuant to Article 78 of the New York CPLR for declaratory judgment, asserting violations of federal and state constitution, arising from Defendants’ enactment of Upstate New…

2013 McLean Laprade v. HSBC, 12-CV-1774(LEK) (7/30/13) – action under Truth in Lending Act, Estate Settlement Procedures Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, and state law, asserting claims for, inter alia, breach of contract, predatory…

2013 Hua Lin v. New York State Dept. of Labor, 11-CV-1186(GLS) (10/23/13) – action by Senior Employment Security Clerk at U.S. Department of Labor’s Unemployment Insurance Telephone Claim Center, asserting claims of discrimination based on race and national origin,…

2013 Vaughan Co. v. Global Bio Fuels Tech., LLC, 12-CV-1292(DNH) (10/23/13) – action asserting four patent infringement claims pursuant to 35 U.S.C. § 271 and five state law claims for misappropriation of trade secrets, unfair competition, tortious interference with…

2013 Stockbridge Munsee Cmty. v. New York, 86-CV-1140(LEK) (7/23/13) – action asserting claims under federal common law, Nonintercourse Act, and 1794 Treaty of Canandaigua, seeking possession of thirty six square miles of land in State of New York, and related…

2012 Aukema v. Chesapeake Appalachia, LLC, 11-CV-0489(DNH) (11/15/12) – action seeking judgment declaring that certain oil and gas leases entered into between parties expired at conclusion of primary terms of those leases, and that terms have not been extended by…

2012 U.S. v. State of New York, 10-CV-1214(GLS) (1/27/12) – action to enforce Uniformed and Overseas Citizens Absentee Voting Act to protect federally guaranteed voting rights of New York’s military and overseas voters; granting United States’ motion for permanent and…

2013 M.V. v. Shenendehow Cent. Sch. Dist., 11 CV 0701(GTS) (3/8/13)–action for violation of speech-impaired child’s right to free appropriate public education under Individuals with Disabilities Education Act; denying plaintiff’s motion for summary judgment; granting…

2006 In Matter of Application of Herald Co., Inc. , 05-MC-0088(TJM), 2006 WL 547962 (3/3/06) action by newspaper to unseal affidavits used by U.S. Government to support eavesdropping warrants issued during investigation of then-Mayor of Oswego, John J. Gosek; denying…

2012 Laskowski v. Liberty Mut. Fire Ins. Co., 11-CV-0340(GLS) (6/11/12) – diversity action asserting claim of, inter alia, breach of fire insurance policy; denying defendant’s motion for summary judgment based on (1) plaintiffs’ purported refusal to submit to…

2013 Dorsett Felicelli, Inc. v. Cnty. of Clinton, 04-CV-1141(LEK) (7/29/13) – action by providers of early intervention and pre school services, asserting claims of retaliation and denial of free speech under First Amendment, arising from county having given…

2013 Atl. Sea Pride, Inc. v. McCarthy, 13-CV-0670(LEK) (10/15/13) – appeal by creditor-appellant from decision of bankruptcy court granting trustee-appellee’s motion for summary judgment, contending that judgment was based on falsehoods that creditor-appellant now…

2013 Jones v. Lynch Schwab, PLLC, 11-CV-0616(GLS) (9/30/13) – action for legal malpractice, arising from representation in underlying personal-injury action, alleging that lawyer failed to investigate conditions of site of slip-and-fall accident, failed to obtain…

2012 IDX Inc. v. Standing Stone Gaming, LLC, 12-CV-0195(GLS) (8/16/12) – action against seeking, among other things, to confirm award of arbitration; denying plaintiff’s motion for leave to file amended pleading; granting defendant’s cross-motion seeking partial…

2012 Koziol v. Peters, 12-CV-0823(TJM) (10/11/12) – action by suspended attorney asserting claims of violation of constitutional rights arising from custody-and-support proceedings in New York State court; granting, inter alia, state defendants’ motion to dismiss…