161 results for 'court:"USDC Western District of New York"'.
J. Schroeder finds for an insurer accused of failing to provide indemnification in underlying civil rights claims involving a police assault because the policy contained an exclusion for assault and battery claims, and a prior judgment premised on negligence counts does not apply. Meanwhile, the insurer timely disclaimed coverage.
Court: USDC Western District of New York, Judge: Schroeder , Filed On: June 1, 2023, Case #: 1:19cv297, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Indemnification
J. Skretny finds for the IRS in claims contending an employee had been denied accommodations for irritable bowel syndrome and Crohn's Disease and was ultimately fired because the employee failed to counter the IRS's contention that the employee had been fired for attendance issues. Meanwhile, the employee had been denied full-time telework accommodations before the Covid-19 pandemic struck, and thus that refusal is not comparable to the current matter.
Court: USDC Western District of New York, Judge: Skretny , Filed On: May 25, 2023, Case #: 1:20cv951, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
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J. Vilardo finds for the SEC in claims contending an investment advisor gained unauthorized access to and transferred $370,000 from client brokerage accounts to his own accounts because the complaint demonstrates the advisor called multiple broker-dealers to transfer funds, and evidence indicates the advisor deliberately avoided service of this complaint.
Court: USDC Western District of New York, Judge: Vilardo, Filed On: May 17, 2023, Case #: 1:17cv971, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, Fraud, Securities