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  • Erie Ins. Co. v. McKay

    Publication Date: 2022-02-07
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for the Northern District of New York
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff and Counter Claimant Erie Insurance Company: Steven E. Peiper, Esq., of Counsel, Hurwitz & Fine, P.C.-Buffalo, Buffalo, New York.
    for defendant: Attorneys for Defendant Frank McKay: Sanjeev Devabhakthuni, Esq., of counsel, Barclay Damon LLP-Rochester, Rochester, New York. Attorneys for Defendants and Counter Claimants William Lansbury and Amy McKay: Jan M. Smolak, Esq., of counsel, Michaels, Smolak Law Firm, Auburn, New York.
    Case Number: 5:20-CV-1282

    Insurer Precluded From Disclaiming Coverage; Long Investigation Unjust

  • Link v. Marshall Hotels & Resorts Inc.

    Publication Date: 2021-11-12
    Practice Area: Wage and Hour Litigation
    Industry:
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff: Carolyn Hunt Cottrell, Esq., David Christopher Leimbach, Esq., Kristabel Sandoval, Esq., of counsel, Schneider Wallace Cottrell Konecky LLP, Emeryville, California. Attorneys for Plaintiff: John J. Nestico, Esq., of counsel, Schneider Wallace Cottrell Konecky LLP, Charlotte, North Carolina. Attorneys for Plaintiff: Michael K. Burke, Esq., William M. Hogg, Esq., of counsel, Schneider Wallace Cottrell Konecky LLP, Houston, Texas.
    for defendant: Attorneys for Defendants Marshall Hotels & Resorts, Inc. and Marshall Payroll Services, LLC: Alexander Scott Dahle, Esq., Vincent E. Polsinelli, Esq., of counsel, Jackson Lewis P.C., Albany, New York. Attorneys for Defendant Oasis Outsourcing Contract II, Inc.: David B. Lichtenberg, Esq., Eric Tadeusz Baginski, Esq., of counsel, Fisher, Phillips Law Firm, Murray Hill, New Jersey.
    Case Number: 3:20-CV-805

    'Carter', 'Bynog' Factors Met; Oasis Plausibly Shown Plaintiff's Employer Under NYLL

  • Lee v. City of Troy

    Publication Date: 2021-09-16
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff: David Roche, Esq., Edward Sivin, Esq., Clyde Rastetter, Esq., Glenn D. Miller, Esq., of counsel, Sivin, Miller & Roche LLP, New York, New York.
    for defendant: Attorneys for Defendants: Michael E. Ginsberg, Esq., Rhiannon Ineva, Spencer, Esq., of counsel, Pattison, Sampson Law Firm, Troy, New York. Attorneys for Defendants: Richard T. Morrissey, Esq., of counsel, Office of Richard T. Morrissey, Troy, New York.
    Case Number: 1:19-CV-473

    Defense Counsel's Taunts Over Legitimacy of Plaintiff's Evidence Lead to $3,000 Sanction

  • Pellegrino v. First Unum Life Ins. Co.

    Publication Date: 2021-09-09
    Practice Area: Employment Compliance | Employment Litigation
    Industry:
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff: Madison T. Donaldson, Esq., of counsel, Marc Whitehead & Associates, LLP, Houston, TX.
    for defendant: Attorneys for Defendant: Gregory J. Bennici, Esq., Patrick W. Begos, Esq., of counsel, Robinson, Cole Law Firm, Stamford, CT.
    Case Number: 1:20-CV-484

    Substantial Evidence Supports Plan Administrator's Decision to Terminate LTD Benefits

  • Chery v. Conduent Educ. Svcs. LLC

    Publication Date: 2021-06-14
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for the Northern District of New York
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff: Justin A. Kuehn, Esq., of counsel, Moore Kuehn, PLLC, New York, NY.
    for defendant: Attorneys for Plaintiff: Lawrence P. Eagel, Esq., of counsel, Bragar Eagel & Squire, P.C., New York, NY. Attorneys for Defendants: John Grugan, Esq., Daniel C. Fanaselle, Esq., Elizabeth Seidlin-Bernstein, Esq., Thomas Burke, Esq., of counsel, Ballard, Spahr Law Firm, Philadelphia, PA.
    Case Number: 1:18-CV-75

    Court Certifies Class of Student Loan Borrowers Against Entities That Service Federal Loan

  • Mohawk Gaming Enters. LLC v. Affiliated FM Ins. Co.

    Publication Date: 2021-04-21
    Practice Area: Covid-19 | Insurance Litigation
    Industry: Insurance
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff: Lisa A. Coppola, Esq., of counsel, The Coppola Firm, Buffalo, NY.
    for defendant: Attorneys for Plaintiff: Marsha K. Schmidt, Esq., of counsel, Marsha K. Schmidt, Attorney at Law, Burtonsville, MD. Attorneys for Defendant: Robert B. Meola, Esq., Edward Terrence Hagan, Esq., Piel Lora, Esq., Robert Francis Cossolini, Esq., of counsel, Finazzo Cossolini O'Leary Meola & Hager, LLC, Morristown, NJ.
    Case Number: 8:20-CV-701

    Covid-19 Presence at Casino Not 'Physical Damage' Triggering Coverage Under Policy

  • Zimmerman v. Cornell Outdoor Educ.

    Publication Date: 2021-01-14
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff: Richard W. Wedinger, Esq., of counsel, Barry, McTiernan & Wedinger, P.C., Edison, New Jersey.
    for defendant: Attorneys for Plaintiff: Suzanne M. Halbardier, Esq., of counsel, Barry, McTiernan Law Firm, New York, New York. Attorneys for Defendants Cornell Outdoor: Conrad R. Wolan, Esq., Valerie L. Dorn, Esq., Adam Pence, Esq., of counsel, Cornell University Office of counsel, Education and Cornell University, Ithaca, New York. Attorneys for Defendant Black Diamond: Robert L. Joyce, Esq., of counsel, Littleton, Joyce Law Firm-Purchase, Purchase, New York.
    Case Number: 3:20-CV-892

    Belay Device Maker Denied Dismissal But Hurt Climber Must Show if Belay Bought From N.Y.

  • Bryant v. Gen. Cas. Co. of Wisconsin

    Publication Date: 2020-09-04
    Practice Area: Contractual Disputes | Evidence | Insurance Litigation
    Industry: Insurance
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff: Edward Eshoo, Jr., Esq., Christina Phillips, Esq., of counsel, Merlin Law Group, Chicago, IL.
    for defendant: Attorneys for Plaintiff: Paul Lasalle, Esq., of counsel, Merlin Law Group, P.A., Red Bank, NJ. Attorneys for Plaintiff: Verne Pedro, Esq., of counsel, Fullerton Beck, Red Bank, NJ. Attorneys for Defendant: Jonathan Schapp, Esq., Adam Ross Durst, Esq., of counsel, Goldberg Segalla LLP, Buffalo, NY.
    Case Number: 1:18-CV-562

    Building Owner's Complaint Dismissed as Sanction for Demolition Spoliating Evidence

  • Mulcahy v. Bristol-Myers Squibb Co.

    Publication Date: 2020-08-04
    Practice Area: Employment Litigation | Wage and Hour Litigation
    Industry:
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Plaintiff: Robert L. Laplante, Esq., of counsel, Office of Robert L. Laplante, Syracuse, NY.
    for defendant: Attorneys for Defendant Bristol-Myers Squibb Company: Rudolph J. Burshnic, Iii, Esq., Thomas A. Linthorst, Esq., of counsel, Morgan, Lewis & Bockius LLP, Princeton, NJ. Attorneys for Defendant Johnson Controls, Inc.: Jennifer A. Rygiel-Boyd, Esq., of counsel, Ogletree, Deakins Law Firm, Morristown, NJ.
    Case Number: 5:19-CV-1410

    Action Over Contractor Misclassification Is Dismissed; ERISA Preempts Benefits Claims

  • Murphy v. NCRNC LLC

    Publication Date: 2020-07-31
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
    Judge: District Judge David Hurd
    Attorneys: For plaintiff: Attorneys for Petitioner: Alicia E. Pender, Esq., Gregory C. Lehmann, Esq., of counsel, National Labor Relations Board, Albany, NY.
    for defendant: Linda M. Leslie, Esq., of counsel, Buffalo Office - Region 3, Buffalo, NY. Attorneys for Respondent: Dawn J. Lanouette, Esq., of counsel, Hinman, Howard & Kattell, LLP, Binghamton, NY.
    Case Number: 1:20-MC-11

    Injunction Bars Rehabilitation Center's Unfair Labor Practices Over Unionization Effort