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  • Abbo-Bailey v. City of Niagara Falls

    Publication Date: 2023-07-21
    Practice Area: Civil Procedure | Toxic Torts
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Denny Chin
    Attorneys: For plaintiff: For Plaintiffs-Appellees: Peter A. Kraus, Leslie C. MacLean, on the brief, Charles S. Siegel, Waters & Kraus, LLP, Dallas, TX, and Christen E. Civiletto, East Amherst, NY, and Melissa L. Stewart, Steven J. Phillips, Phillips & Paolicelli, LLP, New York, NY, and Paul Barr, Fanizzi & Barr, Niagara Falls, NY.
    for defendant: For Defendants-Appellants Occidental Chemical Corporation, Glenn Springs Holdings, Inc., and Miller Springs Remediation Management, Inc.: Sheila L. Birnbaum, Lincoln Davis Wilson, on the brief, Douglas E. Fleming III, Dechert LLP, New York, NY, and Kevin M. Hogan, Andrew P. Devine, Joshua Glasgow, and Elizabeth Bove, Phillips Lytle LLP, Buffalo, NY. For Defendant-Appellant Cecos International, Inc.: Zackary D. Knaub, Greenberg Traurig, LLP, Albany, NY, and William G. Beck, Lathrop GPM, Kansas City, MO. For Defendant-Appellant OP-Tech Environmental Services: Jeffrey D. Schulman, Pillinger Miller Tarallo LLP, Syracuse, NY. For Defendant-Appellant Roy's Plumbing, Inc.: Robert E. Knoer, Alice J. Cunningham, The Knoer Group, PLLC, Buffalo, NY. For Defendant-Appellant City of Niagara Falls: Mark P. Della Posta, Walsh, Roberts & Grace LLP, Buffalo, NY. For Defendant-Appellant Niagara Falls Water Board: Jeffrey F. Baase, Corey J. Weber, Rupp Baase Pfalzgraf Cunningham LLC, Buffalo, NY. For Defendant-Appellant Conestoga-Rovers & Associates: Jeffrey C. Stravino, Hodgson Russ LLP, Buffalo, NY. For Defendant-Appellant Sevenson Environmental Services, Inc.: Agnieszka Wilewicz, Patricia A. Rauh, Hurwitz & Fine, P.C., Buffalo, NY. For Defendant-Appellant Scott Lawn Yard, Inc.: Brian Sutter, Sugarman Law Firm, LLP, Buffalo, NY. For Amicus Curiae Washington Legal Foundation, in support of Defendants-Appellants: John M. Masslon II, Cory L. Andrews, Washington Legal Foundation, Washington, DC.
    Case Number: 21-0249-cv

    Love Canal Superfund Actions Untimely, Remanded to State Court

  • July 20, 2023 | Daily Report Online

    Headed to Supreme Court: Commissioner's Authority Scrutinized After Hospital's Expansion Granted

    Before the Georgia Supreme Court in November, opposing appellate counsel will argue whether "the commissioner of the Georgia Department of Community Health applied the appropriate standard in rejecting factual findings that invalidated a metro-Atlanta hospital's application for a certificate of need" under Georgia law.

    8 minute read

  • Collymore v. Commissioner of D.O.C.S.

    Publication Date: 2023-07-20
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For Plaintiff-Appellant: Omar A. Khan, on the brief, Lauren E. Matlock-Colangelo, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY.
    for defendant: For Defendant-Appellee Chena McPherson, Aprn: Edward W. Mayer, Jr., on the brief, Thomas J. Plumridge, Danaher Lagnese, P.C., Hartford, CT. For Defendants-Appellees Myers and Phillips: William Tong, Attorney General, Joshua Perry, Solicitor General, on the brief, James M. Belforti, Assistant Attorney General, Hartford, CT.
    Case Number: 21-2292

    Medical Indifference Claim Over Painful Scalp Condition Should Not Have Been Dismissed

  • Smartt v. Eldridge

    Publication Date: 2023-07-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Stephen Michmerhuizen, Warren Coppedge, (Coppedge and Associates, P.C.), Dalton, for appellant.
    for defendant: David Lockhart, (Bradford & Lockhart, P.C.), LaFayette, Benjamin Bradford, (Benjamin T. Bradford, P.C.), LaFayette, for appellee; Christopher Carr, Keilani Parker, (Attorney General), Atlanta, Ryan Marks, Madison, for other party.
    Case Number: A23A0628

    Court affirms summary judgment in favor of acquirer of fee simple title in surplus property over adjacent property owner's claim that he should have received notice of sale

  • July 17, 2023 | New York Law Journal

    Getting the Get: Contract Law May be the Solution

    As attorneys focusing their practice on divorce, we are often involved in trying to procure a Jewish divorce, also known as a "Get" for our clients. Why does this issue arise during a civil divorce and what can be done when one spouse refuses to give the Get?

    8 minute read

  • Boozer v. Fischer

    Publication Date: 2023-07-17
    Practice Area: Civil Appeals | Damages | Deals and Transactions
    Industry:
    Court: Supreme Court
    Judge: Justice Young
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0050

    Respondent Fischer agreed to sell his tax-consulting business to petitioner CTMI.

  • Appellate Division, First Department: July 17, 2023

    Publication Date: 2023-07-17
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, Second Department, Appeals & Motions
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Appeals List & Motions List released on:July 13, 2023

  • Abbott v. Harris County

    Publication Date: 2023-07-17
    Practice Area: Civil Appeals | Constitutional Law | Government
    Industry:
    Court: Supreme Court
    Judge: Justice Blacklock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0124

    Local government officials and petitioner Governor Abbot issued orders in response to the COVID-19 pandemic emergency, relying on the Texas Disaster Act and the Health and Safety Code for authority.

  • US Navy SEALs 1 26 v. Biden

    Publication Date: 2023-07-17
    Practice Area: Civil Appeals | Civil Rights | Health Care Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Duncan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-10077

    Appellants, 35 members of Naval Special Warfare Command units, sought an exemption due to a sincere religious objection to the order of the Secretary of Defense that all members of the Armed Forces be vaccinated against COVID-19.

  • In re Rudolph Automotive

    Publication Date: 2023-07-17
    Practice Area: Civil Appeals | Personal Injury | Premises Liability
    Industry:
    Court: Supreme Court
    Judge: Justice Young
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0135

    To celebrate an extended period of long shifts to reach year-end results, several Rudolph Automotive dealership employees consumed beer on work grounds.