Monday, August 15, 2011

U.S. District Court, Western District of New York Case Summaries:


U.S. District Court, Western District of New York


Redland Select Insurance Co. v. Washington, 08-CV-6222Disqualification of CounselEpisode 17 (What About Bob?) Air Date: 02-11-1992Whilst a lot of information is freely available online, it's widely accepted that the age of the commercial Internet has arrived. Some may argue that there shouldn't be any cost associated with information and whilst you may be able to find the same information at no cost somewhere on the Internet, often the time saved and the convenience of getting exactly what you want is considered worthy of the expense. As an example, you could try and borrow someone's copy of a newspaper or you could pay to access the latest breaking news from the comfort of your own desk. Unsurprisingly, a large number of people chose the latter when the New York Times switched to a subscription model back in 2003.Washington brought a personal injury action in New York State Supreme Court against Anstrom and Gibraltar for injuries he allegedly sustained in an accident at Gibraltar's facilities while delivering a load of steel coils for Anstrom. When Washington brought the load to Buffalo, Gibraltar employees unloaded the coils from the flatbed truck with a crane as Washington watched from the back of the truck. As the crane was lifting the last of the coils from the flatbed, the Gibraltar employee dropped the coil back onto the flatbed. As a result of the impact, Washington was thrown into the air and then back onto the trailer's surface causing him to suffer bodily injury.Episode 23 (Al's Fair in Love and War) Air Date: 04-28-1992Despite the hype about making money quickly, easily, out of thin air or the dot com boom there is money to be made on the Internet. It's a simplification of the process, but if you're someone with the capability to meet some of this demand for information then you have an opportunity to make money online. As a supplier of information, you have the ability to help make the Internet more useful for the consumer by delivering what they want, when they want it. You can, of course, charge a fee for providing this convenience.Episode 22 (Luck Be a Taylor Tonight) Air Date: 04-07-1992Bernadette J. Clor, of Duke Holzman Photiadis & Gresens, LLP, for the plaintiff and Kim S. Murphy, Assistant NYS Attorney General, for the defendantsEpisode 18 (Baby, It's Cold Outside) Air Date: 02-18-1992Amanda R. Jordan, of the Law Offices of Kenneth Hiller, for the plaintiff and Kevin D. Robinson, Assistant U.S. Attorney, for the defendantThe court denies the motion for disqualification on the basis that it is mere speculation and it observes that "it is unlikely that Dr. Ritter's probable loyalty to his employer, ECMC, would be overridden by any familial bond with his brother whose firm is serving as pro bono counsel to a prisoner such as Plaintiff. If anything, it is Plaintiff who may need to be concerned with the possibility that any favorable testimony, particularly opinion testimony by Dr. Ritter supporting Plaintiff's claims, could be subject to a credibility challenge based on Dr. Ritter's relationship to Plaintiff's assigned law firm."Episode 9 (Bubble, Bubble, Toil and Trouble) Air Date: 11-19-1991Background: Judge Foschio issued a report and recommendation on the disposition of this case, which is now before Judge Arcara. The plaintiff is seeking judicial review of an administrative denial of benefits. Specifically, plaintiff Mary E. Marullo seeks review of the defendant's decision denying her Supplemental Security Income under Title XVI of the Social Security Act. Plaintiff, was born on May 17, 1980, has a high school education, one year of college and has previously worked briefly as a dishwasher and nursing home aide, but has no past relevant work experience relative to her disability claim benefits.Background: In this prisoner pro se case, plaintiff alleges, beginning in March 2008, deliberate indifference to his serious physical problems stemming from defendants' failure to treat a wound to plaintiff's left thigh and complications associated with the amputation of plaintiff's left leg below the knee and use of a prosthetic device. The pleadings do not reveal whether the amputation and left thigh wound occurred while plaintiff was incarcerated, rather, plaintiff alleges Defendants Greco and Bangsil, while serving as physicians at the Gowanda Correctional facility, failed to treat plaintiff's wound and complications associated with his prosthetic device such as pain, sores, excess drainage, infection and other injuries.Marullo v. Astrue, 08-CV-818InsuranceRuling: The court notes that defendants did not point to any provision of the New York Rules of Professional Conduct implicated by the relationship at issue here; the court's "perusal of the Rules reveals no provision that directly or indirectly supports Defendants' theory of disqualification." However, cases have held that a sibling relationship between a prosecutor and a prospective witness in a criminal case was insufficient to require disqualification and appointment of a special, i.e., different, prosecutor.The Home Improvement DVD features a number of hilarious episodes including the series premiere in which Jill goes to a job interview after telling Tim not to mess with the dishwasher. But Tim inevitably ruins the dishwasher when his attempt to super-charge it goes awry. When the job interviewers pass her over, Jill returns home dejected, and Tim only makes things worse - leaving room for a bit of Wilson advice to save the day for Tim� Other notable episodes from Season 1 include "Flying Sauces" in which the K&B Construction guys show off their jobsite cooking skills on Tool Time while Tim and Jill plot revenge on their eldest boys, and "What About Bob?" in which Tim cheats in a Tool Time trivia contest in order to beat guest Bob Vila�Judge FoschioRedland contends that based on its insurance policy issued to Anstrom, it has no duty to defend any person or entity against liability for bodily injury or property damage arising out of the accident, and asks this court to award it costs of suit and attorney's fees. Redland moves for summary judgment on the grounds that there are no material issues of fact in dispute, and that it is entitled to summary judgment as a matter of law. Defendants Anstrom, Gibraltar and Washington do not oppose plaintiff's motion for summary judgment.There's a great demand for information online. If you're one of the people who can supply to this demand, especially if the information is specialist or niche, then there's little to stop you from charging for your services. With a suitable marketplace to pitch your offer, there's nothing to hold you back from trying is there?

Bernadette J. Clor, of Duke Holzman Photiadis & Gresens, LLP, for the plaintiff and Kim S. Murphy, Assistant NYS Attorney General, for the defendants




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