In finance, profit taking (or taking profits) is the practice of selling an asset, ...
District Court for the Western District of New York Court Cases
Barkley Clark, Stinson Morrison Hecker, LLP, Washington, DC, Gabriel J. Ferber, Nesper, Ferber & DiGiacomo, LLP, Amherst, NY, Bonnie S. Baker, Deily, Mooney & Glastetter, LLP, Deborah Kall Schaal, Gordon and Schaal LLP, Rochester, NY, Matthew J. McGowan, Salter McGowan Sylvia & Leonard, Inc., Providence, RI, for plaintiffs.
Court: District Court for the Western District of New York Docket: 07-CV-6037L, 07-CV-6072L, 07-CV-6121L, 07-CV-6168L, 07-CV-6202L
This action involves a dispute between two companies as to their respective liability for clean-up costs for hazardous substances that were deposited at a manufacturing facility in Elmira, New York. Both companies, or their predecessors, had some connection with the premises. There were two agreements, however, with indemnification provisions, that must be interpreted to determine whether and under what circumstances liability may be shifted from one party to another.
Court: District Court for the Western District of New York Docket: Civ. No. 90-1060L
Matter of Kawczynski (1977)
This case is before the court on appeal from a decision of the Bankruptcy Court denying the appellants' applications to declare certain debts of the bankrupt nondischargeable in bankruptcy. For the reasons stated below, the Bankruptcy Court's decision is reversed.
Court: District Court for the Western District of New York Docket: BK-75-2884
Thomas R. Lotterman, Duke K. McCall, III, Swidler Berlin Shereff Friedman, LLP, Washington, DC, Joseph M. Finnerty, Stenger & Finnerty, Buffalo, NY, Timothy J. Lambrecht, Devorsetz, Stinziano, Gilberti, Heintz & Smith, P.C., Syracuse, NY, Kevin J. Brown, William J. Gilberti, Jr., Devorsetz, Stinziano, Gilberti, Heintz & Smith, P.C., Syracuse, NY, William M. Bumpers, David Super, Baker Botts LLP, Washington, DC, for Defendants.
Court: District Court for the Western District of New York Docket: 02-CV-24S
Montgomery v. Scott (1992)Plaintiff John Montgomery ("Montgomery") brings this action against defendants William Scott, Robert Nearing, John Ferster and William Snider to set aside the administrative forfeiture of $32,000 in United States currency. Plaintiff challenges the forfeiture on two grounds: first, that he was deprived of his Fifth Amendment right to due process because the United States Drug Enforcement Administration (the "DEA") did not provide him with proper notice of the forfeiture proceedings; and second, [...]
Court: District Court for the Western District of New York Docket: 91-CV-6338
Whelehan v. County of Monroe (1983)This civil rights litigation concerns events arising from determinations made in 1979 by certain pediatricians that the urine of infant plaintiff Maura Whelehan contained sperm cells. Upon lawful referral of this information to the authorities, various defendants allegedly took measures and conducted themselves in ways which plaintiffs assert deprived them of the due process of the law and resulted in injury to themselves. The jurisdiction of this court is invoked under 42 U.S.C. § 1983 and 28 [...]
Court: District Court for the Western District of New York Docket: CIV-81-135B(E)
Tobias v. Smith (1979)Archie Tobias has submitted this petition for a writ of habeas corpus on the grounds that his incarceration is in contravention of the sixth and fourteenth amendments to the Constitution of the United States. The petitioner was indicted and charged with burglary in the first, second and third degree, with robbery in the first and third degree, with petit larceny, and with possession of a weapon as a misdemeanor. On January 31, 1975, the petitioner was convicted in County Court, County of Erie, [...]
Court: District Court for the Western District of New York Docket: Civ-76-555
Lee v. Nyquist (1970)
Jean M. Coon, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., State of New York, Ruth Kessler Toch, Sol. Gen., of counsel), for defendants Ewald B. Nyquist and the Board of Regents of the State of New York.
Court: District Court for the Western District of New York Docket: Civ. 1970-9
The parties have consented to final disposition of this case before the Magistrate Judge, pursuant to 28 U.S.C. § 636(c). Pending for decision are Defendant's motion and Plaintiffs' cross-motion for summary judgment.
Court: District Court for the Western District of New York Docket: 92-CV-531A
This case involves violations of the equal employment provisions (Title VII) of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.). The United States charged the Bethlehem Steel Corporation and, in an amended complaint the United Steelworkers of America and local unions of the United Steelworkers, with engaging in a "pattern or practice" of racial discrimination in their employment practices at Bethlehem Steel Corporation's Lackawanna Plant (hereinafter "Plant").
Court: District Court for the Western District of New York Docket: Civ. 1967-432
United States v. Sebastian (1977)The defendants in this case were indicted in June of 1973 in a three-count indictment charging them with two substantive counts of uttering and publishing forged United States Savings Bonds and one count of conspiring to utter and publish forged United States Savings Bonds in violation of 18 U.S.C. §§ 472 and 371. After substantial delays caused by pretrial motions and appeals, the case came on for trial in May of 1976. After the jury was impaneled and sworn, the Government, realizing that [...]
Court: District Court for the Western District of New York Docket: CR-1973-237
Joseph P. McNamara, Corp. Counsel, Buffalo, N. Y. (James J. McLoughlin, Buffalo, N. Y., of counsel), for defendants City of Buffalo, Thomas R. Blair, Anthony J. Colucci, Herbert L. Bellamy, Frank A. Stachowiak, Karl K. Kubiak, and Anthony S. Kowalski.
Court: District Court for the Western District of New York Docket: Civ.-1973-414, Civ.-1974-195
Currently before the Court is the motion of plaintiffs OBH, Inc. ("OBH") and Columbia Insurance Company ("Columbia") for a preliminary injunction enjoining defendants Spotlight Magazine, Inc. ("Spotlight") and Claude Tortora ("Tortora") from using plaintiffs' trademark, "The Buffalo News," as the domain name for a web site operated by defendants ("www.thebuffalonews.com"). For the reasons stated herein, the Court grants the motion for preliminary injunction. The following constitutes the [...]
Court: District Court for the Western District of New York Docket: 99-CV-746A
Now before this Court is an appeal by Joseph Brunner Posey ("Posey"), plaintiff below, from an order of the Bankruptcy Court for the Western District of New York, Hon. John W. Creahan, finding that, pursuant to 11 U.S.C. § 553, the United States Department of the TreasuryInternal Revenue Service ("United States") properly set off appellant's 1988 tax overpayment against his 1984 income tax liability.
Court: District Court for the Western District of New York Docket: 91-CV-404S
Prate v. Freedman (1977)
Joseph C. Pilato, Deputy County Atty., Monroe County, Rochester, N.Y., for defendants County of Monroe Civil Service Commission and Executive Director of the County of Monroe Civil Service Commission.
Court: District Court for the Western District of New York Docket: Civ. 76-418, Civ. 76-433
Plaintiff, Marie C. D'Amico, commenced this action pursuant to the Americans With Disabilities Act ("the ADA"), 42 U.S.C. § 12101, et seq. against the New York State Board of Law Examiners ("the Board"). Plaintiff seeks a preliminary injunction to compel the Board to provide her with certain requested accommodations when she sits for the New York State Bar Exam on February 23 and 24, 1993 ("February exam"). For the reasons that follow, plaintiff's motion is granted and the Board is directed to [...]
Court: District Court for the Western District of New York Docket: 93-CV-6051L
Plaintiffs herein complain that defendants breached and caused to be breached certain duties imposed upon defendant Bellofram Corporation in and by a certain written contract with plaintiffs and upon said defendant and defendant John F. Taplin in and by a certain unwritten agreement with plaintiffs and that defendants conspired tortiously to harm plaintiffs in their rights under said contracts and otherwise. Plaintiffs are residents and citizens of New York State and this judicial district and [...]
Court: District Court for the Western District of New York Docket: Civ. No. 74-373
United States v. Goba (2003)
Defendants Yahya Goba, Shafal Mosed, Yasein Taher and Mukhtar Al-Bakri are presently detained pending trial pursuant to an order issued by United States Magistrate Judge H. Kenneth Schroeder, Jr. on October 8, 2002. Currently before me are motions filed on behalf of Defendants Goba, Mosed, Taher and Al-Bakri for revocation of the detention order.
Court: District Court for the Western District of New York Docket: 02-CR-214S
McClary v. Kelly (1998)Plaintiff David McClary ("McClary") is a state prisoner in the custody of the New York State Department of Corrections. This action, commenced pursuant to 42 U.S.C. § 1983, arises as a result of McClary's uninterrupted confinement in the Special Housing Unit ("SHU") for the period of time from November 20, 1989 through March 12, 1994. McClary's confinement in SHU was not based on any misbehavior while incarcerated, but rather was "administrative segregation", predicated on a determination by [...]
Court: District Court for the Western District of New York Docket: 90-CV-0501A
Brendon R. Mahaffey, Knoer, Crawford & Bender, LLC, Buffalo, NY, Gregg S. Maxwell, Joseph M. Finnerty, Karim A. Abdulla, Stenger & Finnerty, Buffalo, NY, Kendra E. Winkelstein, Richard J. Lippes, Richard Lippes & Associates, Buffalo, NY, Michael L. Jackson, Rachel E. Jackson, Jackson & Jackson, LLP, Buffalo, NY, Richard G. Berger, Buffalo, NY, Robert E. Knoer, for Plaintiffs.
Court: District Court for the Western District of New York Docket: 06-CV-0001S