Daily Record (Rochester, NY) articles from September 2005

Daily Record (Rochester, NY) archives from September 2005

Defendant's motion for summary judgment in products liability case denied by court.
September 1, 2005... Byline: Sarah M. Feingold Where a minor sustained injury from a product that entered the stream of commerce without containing a safety device, the defendant must prove that the product was reasonably safe in order to shift the burden to...

Bifurcated trial granted in personal injury action.
September 1, 2005... Byline: Kevin M. Momot Regarding the plaintiff's motion for a bifurcated trial on the issues of liability and damages in a personal injury action, bifurcation is normally not granted where the injuries sustained by the plaintiff "have an...

Revised New York State Court of Appeals Rules of Practice effective today.
September 1, 2005... Byline: Daily Record Staff The revised Rules of Practice of the New York State Court of Appeals (22 NYCRR part 500) take effect today. The new rules, and a commentary on the rules, are available on the court's website:...

American Bar Association offers assistance to hurricane victims.
September 1, 2005... Byline: Daily Record Staff As the eyes of the nation remain focused on the hurricane-ravaged southeastern United States, especially Mississippi and Louisiana, the American Bar Association stands ready to assist those injured by Hurricane...

New bill strengthens NY's 'Do Not Call' telemarketing initiative.
September 1, 2005... Byline: Daily Record Staff New legislation will end the exemption in state law that allows telemarketers to call consumers in order to schedule an appointment for a face-to-face sales presentation. The new law will block even more...

Greater Rochester Assn. for Women Attorneys makes donation to National Kidney Foundation.
September 2, 2005... Byline: Nora A. Jones From the proceeds of the 2005 Herstory lecture programs sponsored by the Greater Rochester Association for Women Attorneys, a check for $1,300 was recently presented to the local chapter of the National Kidney...

U.S. District Court dismisses property owners' claims against City of Rochester.
September 2, 2005... Byline: Helen Nguyen Where the plaintiffs, as former or current owners of real property in the City of Rochester, alleged the city violated their rights under federal and state laws when it charged them with certain code violations, the...

Monroe County Court judge assesses defendant's risk level as a sexual offender.
September 2, 2005... Byline: Sarah M. Feingold The defendant requested a hearing to determine his risk level after being assessed as a risk level three (high) offender by the Board of Examiners. Reviewing the facts in People v. Richard Kettles, Monroe...

Strong Memorial Hospital in NY pays $492,000 to settle Medicaid, Medicare probes.
September 2, 2005... Byline: Daily Record Staff Strong Memorial Hospital has repaid taxpayers $492,507 as a result of state and federal probes into improper billing. Both the New York State Attorney General's Medicaid Fraud Control Unit (MFCU) and the...

U.S. Patent and Trademark Office implements new process for reviewing patents.
September 2, 2005... Byline: Daily Record Staff The U.S. Patent and Trademark Office (USPTO) has implemented new processes for handling reexamination proceedings to improve timeliness and quality. Patent reexamination is an alternative to litigation for...

2nd Circuit considers district court's calculation of sentence.
September 6, 2005... Byline: Nora A. Jones In determining the defendant's sentence of 46 months' imprisonment on a plea agreement, did the U.S. District Court for the Western District of New York properly apply the law in reaching its determination? The...

Monroe County Court judge finds unsworn statement admissible before Grand Jury.
September 6, 2005... Byline: Sarah M. Feingold The defendant moved to dismiss or reduce his indictment on the ground the evidence before the Grand Jury was not legally sufficient to establish the offenses. He also moved to dismiss the indictment on the ground...

Monroe County Bar Assn. collecting Red Cross contributions.
September 6, 2005... Byline: Daily Record Staff Less than nine months after the tsunami tragedy, the world is once again watching as another natural disaster unfolds - this time on our own soil. Immediately following the tsunami in South Asia, the Monroe...

Mayoral candidates are unified regarding subway tunnel.
September 6, 2005... Byline: Daily Record Staff At a mayoral candidates' forum last week, all five mayoral candidates reaffirmed the position they took earlier this summer: the City of Rochester should postpone plans to fill in the subway tunnel downtown. ...

NY State Supreme Court judge reviews whether lack of safety equipment was relevant to injury.
September 7, 2005... Byline: Sarah M. Feingold Where an individual claiming to be an employee of the defendant was injured on the job, the court looked at whether a lack of safety equipment was relevant to the injury. Reviewing the facts in Ronald A. Smith...

NY State Bar Assn. reaches out to victims of Hurricane Katrina.
September 7, 2005... Byline: Daily Record Staff In the wake of Hurricane Katrina's devastating impact on the residents of the Gulf Coast states, the New York State Bar Association and the New York Bar Foundation have joined together to create a fund that will...

Monroe, Onondaga County Bar Associations to hold joint continuing legal education seminar.
September 7, 2005... Byline: Daily Record Staff The Monroe and Onondaga County Bar Associations are teaming up for a continuing legal education seminar in October - just in time to appreciate fall in Skaneateles. The program will begin on Friday, Oct. 14...

NY State Dept. of Labor awarded federal grant to help detect unemployment insurance tax schemes.
September 7, 2005... Byline: Daily Record Staff The New York State Department of Labor was awarded a federal grant totaling more than $112,000 to help the agency prevent and detect unemployment insurance tax schemes, better known as SUTA (State Unemployment...

NY State Supreme Court dismisses charge involving defendant's illegal use of bullet proof vest.
September 8, 2005... Byline: Sarah M. Feingold Reviewing the facts in People v. Rhondell J. Miles, New York State Supreme Court, Monroe County Judge Joseph D. Valentino determined that an arresting officer's testimony, alone, concerning defendant's bullet...

Monroe County Bar Association relocates.
September 8, 2005... Byline: Nora A. Jones Starting Monday, Sept. 12, remember to push "10" when you get on the elevator to go up to the Monroe County Bar Association at One Exchange St. As the renovation of the new space was being completed this week,...

Greater Rochester Association for Women Attorneys' new member reception set for Sept. 20.
September 8, 2005... Byline: Daily Record Staff Mark your calendars for 5:30 to 7 p.m. on Tuesday, Sept. 20. That's the date of the New Members Reception hosted by the Greater Rochester Association for Women Attorneys. The location this year is at Nixon...

NY State Bar Assn. sponsors continuing legal education program on ethics for real estate lawyers.
September 8, 2005... Byline: Daily Record Staff Lawyers who concentrate their practice in real estate matters can get answers to the everyday questions about ethical considerations in their practice area by attending a special half-day continuing legal...

U.S. District Court finds no breach of contract in ERISA action.
September 9, 2005... Byline: Helen Nguyen Finding a written agreement did not provide that the defendant would assume the responsibilities of a stop-loss insurance contract the plaintiff had entered into with another party, the U.S. District Court for the...

Law schools help students affected by hurricane.
September 9, 2005... Byline: Sarah M. Feingold Of the 185 American Bar Association accredited law schools, 183 are accommodating Hurricane Katrina victims. The two law schools absent from this list are the New Orleans schools who have victims -- Loyola...

Rochester's Woods Oviatt office teams up with local charities.
September 9, 2005... Byline: Daily Record Staff On Aug. 25, winners of the "Take Me Out to the Ballgame" reading contest, sponsored by Woods Oviatt Gilman LLP, were recognized at Frontier Field. Open to students in grades K-12, the contest is designed to...

New study identifies leadership styles for top lawyers.
September 9, 2005... Byline: Daily Record Staff A new study by Hay Group, a global organizational and human resources consulting firm, shows that top-performing lawyers use an array of leadership styles to lead and influence others. The lawyers used styles...

Meet Lisa Mueller, President of Western NY Chapter of WBASNY.
September 9, 2005... Byline: Nora A. Jones On Sept. 15, Lisa Mueller will be honored as the 21st president of the Western New York Chapter of the Women's Bar Association of the State of New York. Technically, Mueller started her term on June 1, as did the...

Reassignment of Chautauqua County teachers not discriminatory.
September 9, 2005... Byline: Daily Record Staff A recent decision by the New York State Division of Human Rights found that a 1991 reassignment of three high school teachers to middle school in Chautauqua County's Cassadaga Valley Central School District did...

NY Supreme Court, Monroe County rules defendant's right to speedy trial was not violated.
September 12, 2005... Byline: Sarah M. Feingold Reviewing the facts in People v. Michael Anthony Papalia, New York Supreme Court, Monroe County Judge Joseph D. Valentino concluded that the People did not violate defendant's statutory right to a speedy trial....

U.S. Court of Appeals for 2nd Circuit affirms dismissal of double jeopardy claim.
September 12, 2005... Byline: Kevin M. Momot Where the plaintiff was convicted in a criminal prosecution of "promoting prison contraband" and also subjected to a disciplinary proceeding based on the same conduct, this did not constitute a valid double jeopardy...

Monroe County Bar Association's Lawyers for Learning donates school supplies to students.
September 12, 2005... Byline: Daily Record Staff The Monroe County Bar Association's Lawyers for Learning Committee will distribute backpacks filled with school supplies to children that attend Rochester City School 29, located at 88 Kirkland Rd., at 8:45 a.m....

Bar Association of Erie County seeks assistance for Gulf Coast colleagues.
September 12, 2005... Byline: Daily Record Staff The devastation of such a wide and populous area of the Gulf Coast will lead to legal challenges when the flood waters recede and hundreds of thousands of people attempt to reclaim their lives. Thousands of...

National Association of Realtors limits competition, says U.S. Dept. of Justice's Antitrust Division.
September 12, 2005... Byline: Daily Record Staff The U.S. Department of Justice's Antitrust Division recently filed a lawsuit against the National Association of Realtors (NAR), challenging a policy that obstructs real estate brokers who use Internet-based...

Guitars and rock 'n roll add fun to Buffalo attorney's legal career.
September 12, 2005... Byline: Nora A. Jones Two years ago when a friend casually asked "What do you do for fun?" Bradlee Townsend, partner in the Harris Beach PLLC Buffalo office, responded that he was making it his mission to learn to play guitar well. ...

Webster Town Court judge rules police search unlawful, suppresses evidence from search.
September 13, 2005... Byline: Helen Nguyen Finding the police's search of the defendant and his backpack were unlawful, Webster Town Court Judge Thomas DiSalvo ruled the evidence from the searches, including a syringe and heroin, must be suppressed. In...

NY State Supreme Court, Monroe County suppresses evidence and defendant's statements.
September 13, 2005... Byline: Sarah M. Feingold Where the defendant was stopped for a traffic violation and the police officers questioned the defendant about matters unrelated to the violation and obtained evidence and a statement, the defendant moved to have...

Monroe County Bar Assn. announces second round of judicial evaluation results.
September 13, 2005... Byline: Daily Record Staff The Monroe County Bar Association completed its evaluation of all candidates seeking a seat on the Rochester City Court. The MCBA has a three-tier rating system consisting of "highly qualified," "qualified"...

Kenneth Gordon's passion for helping includes work as volunteer EMTin Brighton, NY.
September 13, 2005... Byline: Nora A. Jones Kenneth Gordon's passion for helping people extends well beyond his law practice; he is an Emergency Medical Technician (EMT) for Brighton Volunteer Ambulance "in his spare time." "I like being able to help people...

N.Y. State Supreme Court award grandparents sole custody of child.
September 14, 2005... Byline: Kevin M. Momot Where the petitioners, the maternal grandparents of the child in question, sought sole custody with supervised visitation by the child's mother, it was determined to be in the best interest of the child to award...

Lawyers For Learning Committe distributes backpacks at Rochester City School.
September 14, 2005... Byline: Sarah M. Feingold Over 500 red and blue backpacks filled with paper, pencils, crayons, glue and other school supplies were distributed to students at Rochester City School 29 on Monday, Sept. 12. These tools for learning were...

St. Thomas More Lawyers Guild to hold Red Mass in Rochester.
September 14, 2005... Byline: Daily Record Staff Christopher Ciaccio, president of the St. Thomas More Lawyers Guild, announced that the special homilist and celebrant of the annual Red Mass for 2005 will be Rev. Thomas J. Euteneuer. This traditional event is...

American Bar Assn. to provide free legal assistance for hurricane victims.
September 14, 2005... Byline: Daily Record Staff The American Bar Association has opened three 24-hour toll-free telephone numbers for victims of Hurricane Katrina who are in need of legal assistance. The numbers, for residents of Louisiana, Mississippi and...

N.Y. Senate schedules hearing on Medicaid fraud legislation.
September 14, 2005... Byline: Daily Record Staff The New York State Senate will hold a public hearing on Wednesday, Sept. 21 to discuss legislation passed by the Senate last spring designed to combat the problem of Medicaid fraud. The hearing, to be held in...

'Survivor' winner indicted on charges of tax evasion.
September 14, 2005... Byline: Daily Record Staff A federal Grand Jury indicted Richard Hatch, winner of the first Survivor reality television series, on charges of tax evasion and fraudulently using charitable donations for personal expenses. In a 10-count...

N.Y. State passes increase in homestead exemption for individuals filing bankruptcy.
September 14, 2005... Byline: Daily Record Staff For the first time since 1977, the State of New York has updated the homestead exemption for individuals who are filing bankruptcy. A provision to increase the homestead exemption from $10,000 per person to...

Redcom Laboratories alleges that Cisco Systems contributed to the infringement of its patent.
September 15, 2005... Byline: Helen Nguyen In Redcom Laboratories, Inc. v. Cisco Systems, Inc., the parties are involved in a lawsuit concerning the patent of a computer controlled telephone switching system that connects or routes telephone calls to specific...

Monroe County Court judge deems Grant Jury evidence legally sufficient.
September 15, 2005... Byline: Sarah M. Feingold Acting Monroe County Court Judge John R. Schwartz examined the legal sufficiency of Grand Jury evidence in People v. Eric Johnson and People v. Barry DeLass. Judge Schwartz determined, in both cases, the...

Bankruptcy filings continue to climb.
September 15, 2005... Byline: Daily Record Staff Increases in bankruptcy filings have continued to climb as people in financial distress attempt to file before the Bankruptcy Abuse Prevention and Consumer Protection Act takes effect Oct. 17. During the month...

NY State Supreme Court rules plaintiff subject to elevation-related risk within scope of labor law.
September 16, 2005... Byline: Kevin M. Momot Where the plaintiff claimed the defendants were strictly liable pursuant to Labor Law s. 240(1) for injuries sustained in the course of employment, the plaintiff's task at the time of injury required him to be at an...

Monroe County Bar Assn. sponsors legal education seminar on firearms familiarity.
September 16, 2005... Byline: Sarah M. Feingold On Sept. 9, a group of attorneys gathered at the Monroe County Training Center on Scottsville Road for a continuing legal education seminar titled "Firearms Familiarity," sponsored by the Monroe County Bar...

Second Circuit Chief Judge John Walker provides details concerning non-argument calendar.(Calendar)
September 16, 2005... Byline: Daily Record Staff U.S. Court of Appeals, Second Circuit Chief Judge John M. Walker, Jr. provided the following announcement concerning the court's use of the non-argument calendar. As previously announced, the Court of Appeals...

New American Bar Assn. Website highlights U.S. Constitution.
September 16, 2005... Byline: Daily Record Staff (This article originally ran in the Kansas City Daily Record, Kansas City, MO, another Dolan Media publication.) The American Bar Association has created a new website which will help Americans rediscover the...

U.S. Supreme Court, Monroe County denies motion to vacate murder conviction.
September 19, 2005... Byline: Sarah M. Feingold Where the defendant was convicted of murder and appealed his conviction to the U.S. Supreme Court, Monroe County Court denied his motion to vacate the conviction based on a denial of constitutional rights because...

Rochester civil rights attorney receives hate letter.
September 19, 2005... Byline: Sarah M. Feingold On June 29, Van Henri White, a local civil rights attorney, received a race based hate letter in the mail. The letter contained specific and detailed threats of violence against African Americans working at a...

Credit counseling requirements uncertain as federal bankruptcy reform deadline draws near.
September 19, 2005... Byline: Daily Record Staff With less than a month to go before the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 takes effect on Oct. 17, the U.S. Trustees Office in Washington, D.C., has still not finalized criteria...

New York State Court of Appeals lists filings for August 19-25, 2005.
September 19, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Monroe County Court Attorney Referee rules relocation in best interest of children.
September 20, 2005... Byline: Sarah M. Feingold The plaintiff and the defendant were married, had two children and then separated pursuant to a separation agreement. The defendant, who had custody of the children, was unable to find adequate employment in the...

Monroe County Bar Assn. seeks nominations for Charles F. Crimi Award.
September 20, 2005... Byline: Daily Record Staff The Monroe County Bar Association is currently accepting nominations for the Charles F. Crimi Award, presented annually at the Legal Services Awards Luncheon. This year, the Crimi Award Committee is chaired by...

Univ. at Buffalo Law School to host lecture on war crimes tribunal.
September 20, 2005... Byline: Daily Record Staff With the trial of former Iraqi President Saddam Hussein to begin soon, the Jewish Law Students Association at the University at Buffalo Law School will host a multi-media presentation and lecture on a war crimes...

Single family home sales in Rochester soar in August.
September 20, 2005... Byline: Sarah M. Feingold Year-to-date existing single-family home sales are up 5.9 percent compared to 2004, and 19.9 percent compared to last month. According to the Greater Rochester Association of Realtors, the average sale price of...

New York State Court of Appeals lists filings for August 26 through September 1, 2005.
September 20, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

N.Y. State Supreme Court rules plaintiff's labor law claims to be dismissed.
September 21, 2005... Byline: Helen Nguyen In a case where the plaintiff was injured in the course of employment, New York State Supreme Court, Niagara County did not find the defendants liable for the plaintiff's injuries and therefore granted their motion for...

U.S District Court, Western District, N.Y. rules failure to answer was good faith mistake.
September 21, 2005... Byline: Sarah M. Feingold Where the defendant assumed the New York State Attorney General's office would automatically represent him and thus failed to serve an answer to the complaint, the court examined whether the default should be set...

Western N.Y. Chapter of Women's Bar Assn. releases judicial candidate ratings.
September 21, 2005... Byline: Daily Record Staff The Western New York Chapter of the Women's Bar Association of the State of New York announces its ratings for candidates for New York State Supreme Court, Eighth Judicial District; Erie County Family Court; and...

N.Y. State Trial Lawyers Assn. push for N.Y. State False Claims Act in Medicaid fraud.
September 21, 2005... Byline: Daily Record Staff One of the most effective weapons against Medicaid fraud would be a New York State False Claims Act, the New York State Trial Lawyers Association (NYSTLA) said in testimony submitted during a recent New York...

Antitrust agreement to ensure competition among Internet retailers.
September 21, 2005... Byline: Daily Record Staff New York State Attorney General Eliot Spitzer announced an antitrust agreement with a company that runs websites for some of the nation's largest sporting goods retailers. Under the agreement, GSI Global...

Office Depot pays $4.75M to resolve False Claims Act allegations.
September 21, 2005... Byline: Daily Record Staff Office Depot, Inc. has paid $4.75 million to settle allegations that it submitted false claims when it sold office supply products manufactured in countries not permitted by the Trade Agreements Act to U.S....

Women's Bar Association of the State of NY, Western Chapter presents awards.
September 22, 2005... Byline: Nora A. Jones Sheila W. Schwanekamp had the honor of presenting the M. Dolores Denman Lady Justice Award to Judge Sharon Townsend (Administrative Judge for the Eighth Judicial District) on behalf of the Western New York Chapter of...

Monroe County Court judge rules evidence establishes elements of DWI offense.
September 22, 2005... Byline: Sarah M. Feingold Where the defendant was charged with two counts of driving while intoxicated and one count of speeding, the court examined the Grand Jury minutes to determine whether the evidence presented was legally sufficient....

American Bar Association releases survey of lawyers' technology usage.
September 22, 2005... Byline: Daily Record Staff (This article originally ran in The Daily Record, Kansas City, MO, another Dolan Media publication.) The percentage of lawyers using wireless technology away from the office has more than doubled since 2003,...

Over $150,000 in damages awarded for willful copyright infringement.
September 23, 2005... Byline: Sarah M. Feingold Where the defendant infringed on the plaintiff's copyright and continued to infringe despite numerous complaints, the court examined whether this was conclusive evidence that the defendants engaged in willful...

Employment discrimination claims dismissed.
September 23, 2005... Byline: Helen Nguyen Where the plaintiff alleged her former employer unlawfully terminated her for racial reasons, the U.S. District Court for the Western District of New York determined there was insufficient evidence to support the...

Rochester women attorneys assn. evaluates city court candidate.
September 23, 2005... Byline: Daily Record Staff The Judicial Evaluation Committee (JEC) of the Greater Rochester Association for Women Attorneys (GRAWA) reconvened in recent weeks to review the qualifications of Rochester City Court candidate Linda Lohner...

State Bar Association seeks nominees for Schapiro Award.
September 23, 2005... Byline: Daily Record Staff The New York State Bar Association is seeking nominations for the 2005 Ruth G. Schapiro Memorial Award, which honors law professionals for their work on issues affecting women. The award honors a female or...

Commentary: Flag desecration amendment to U.S. Constitution should pass.
September 23, 2005... Byline: Daily Record Staff Retired New York State Supreme Court, Monroe County Judge Donald J. Mark provided the following response to Scott Forsyth's Sept. 2 column concerning the proposed Flag Desecration Amendment to the U.S....

Federal courts seek emergency funding Iin Hurricane Katrina's wake.
September 23, 2005... Byline: Daily Record Staff The federal court system has asked President George Bush for a $65.5 million emergency supplemental appropriations to cope with the effects of Hurricane Katrina. In a Sept. 16 letter, the policy-making...

U.S. District Court, Western District of New York dismisses Rehabilitation Act Claims.
September 26, 2005... Byline: Helen Nguyen Where the plaintiff alleged she was unlawfully terminated because of her race and her alleged disability, the U.S. District Court for the Western District of New York determined there was insufficient evidence to...

Greater Rochester Assn. for Women Attorneys holds new members reception.
September 26, 2005... Byline: Sarah M. Feingold On Tuesday, Sept. 20, the Greater Rochester Association for Women Attorneys hosted its annual new members reception at the law offices of Nixon Peabody LLP. Present and past GRAWA officers and board members...

Thomas Beecher to receive Univ. of Buffalo Law's Jaeckle Award.
September 26, 2005... Byline: Daily Record Staff Community leader Thomas R. Beecher, Jr., will receive the 2005 Edwin F. Jaeckle Award from University at Buffalo Law School and the UB Law Alumni Association at a luncheon to be held Oct. 22 in the Hyatt Regency...

NY State Supreme Court rescinds contract due to fiduciary's failure to disclose information.
September 27, 2005... Byline: Sarah M. Feingold Where one owner sold his stock to another owner and failed to disclose the full facts that affected the stock's value, the court examined whether this transaction was voidable. Reviewing the facts in Ajettix...

NY State Attorney General Eliot Spitzer speaks at Rochester's Business Ethics Awards.
September 27, 2005... Byline: Sarah M. Feingold On Thursday, Sept. 22, the Rochester Chapter of the Society of Financial Services Professionals (SFSP), St. John Fisher College and the Rochester Business Alliance held the 2005 Rochester Business Ethics Awards...

NY State Court of Appeals lists filings for September 2-8, 2005.
September 27, 2005... Byline: Daily Record Staff A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals. Some of these filed appeals may never...

Police arrest plaintiff on brother's warrant.
September 28, 2005... Byline: Sarah M. Feingold Where the plaintiff was arrested and confined based on a warrant issued for his brother, and the arresting officer was aware of this fact, the plaintiff sought an order for partial summary judgment on the issue of...

Defendant's motion to stay pending action granted.
September 28, 2005... Byline: Helen Nguyen Because an article 78 proceeding is still pending that involves both parties, New York State Supreme Court Judge Kenneth R. Fisher granted the defendant's motion to stay the instant action in Ontario County court until...