July 25, 2014 | New York Law Journal
Discrimination Claim Against School; Restrictive Covenant at WorkIn her Western District Roundup, Sharon M. Porcellio, a partner at Bond, Schoeneck & King, discusses a decision issued in January involving the denial of a motion to dismiss a student's race discrimination claim under 42 U.S.C. §1981; a decision denying a request for injunctive relief seeking to enforce a restrictive covenant; and a decision denying an employer's motion for summary judgment in a sexual harassment claim.
By Sharon M. Porcellio
8 minute read
April 25, 2014 | New York Law Journal
Employment Cases Include Former Basketball Coach's ClaimsIn her Western District Roundup, Bond, Schoeneck & King partner Sharon M. Porcellio discusses the latest in a decade-long legal battle over the NCAA's investigation into alleged recruiting and off-season practice violations by former University at Buffalo men's basketball coach Timothy Cohane.
By Sharon M. Porcellio
10 minute read
January 24, 2014 | New York Law Journal
Employment Claims, Nursing Home PaymentsIn her Western District Roundup, Bond, Schoeneck & King partner Sharon M. Porcellio reviews the dismissal of claims of nationwide discrimination because the EEOC failed to conduct a nationwide investigation prior to commencing a nationwide class action and a decision that plaintiffs' obligation to pay nursing home bills was not subject to the Fair Debt Collection Practices Act.
By Sharon M. Porcellio
11 minute read
August 01, 2013 | Commercial Litigation Insider
Enforcement of Forum Selection ClausesThe U.S. District Court for the Western District of New York analyzed the possible procedural vehicles for motions to dismiss based on forum selection clauses, including the different applicable evidentiary standards, in disputes from Texas to the United Kingdom. The two cases are instructional to those drafting agreements as well as those litigating them.
By Sharon M. Porcellio
10 minute read
October 17, 2012 | New York Law Journal
Addressing Timeliness of Removal Under Foreign Arbitral ConventionIn her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, writes that the court recently addressed whether removal was timely under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and discussed whether an attorney's conduct in connection with pursuing a "meritless" motion for default judgment, ignoring calls from opposing counsel about service deficiencies, warranted sanctions.
By Sharon M. Porcellio
8 minute read
July 26, 2013 | New York Law Journal
Enforcement of Forum Selection ClausesIn her Western District Roundup, Sharon M. Porcellio, a partner at Bond Schoeneck & King, writes: The U.S. District Court for the Western District of New York analyzed the possible procedural vehicles for motions to dismiss based on forum selection clauses, including the different applicable evidentiary standards, in disputes from Texas to the United Kingdom. The two cases are instructional to those drafting agreements as well as those litigating them.
By Sharon M. Porcellio
10 minute read
January 17, 2013 | New York Law Journal
Mediation Program Expands in Western DistrictSharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, writes: The innovative nature of the ADR mediation program is expected to be, and has already proven to be, very beneficial to litigants in the expeditious and inexpensive resolution of their actions. The district is optimistic that expansion to Rochester will relieve the caseloads of the Rochester judges and accordingly assist in the maintenance of the district's prominent ranking for total case terminations per year.
By Sharon M. Porcellio
8 minute read
October 14, 2011 | New York Law Journal
Rejecting Settlement Leads to Loss Of Subject Matter JurisdictionIn her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, writes that the U.S. District Court for the Western District of New York recently addressed the extent to which a website could be used to exercise personal jurisdiction over an out-of-state defendant based partially on a website that was incapable of completing an online sale.
By Sharon M. Porcellio
12 minute read
April 26, 2013 | New York Law Journal
Settled or Not? Courts Decline Enforcement in Two CasesIn her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, writes that the court declined to enforce two purported settlements, one involving an offer of judgment silent as to attorney fees, and one addressing a pro se plaintiff's right to rescind an oral settlement agreement based upon a miscommunication or misrepresentation.
By Sharon M. Porcellio
10 minute read
January 13, 2012 | New York Law Journal
Employment Cases Raise Novel Issues on Attorney FeesIn her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, discusses recent cases in which the court attempted to resolve a decade-old ERISA case after direction from the U.S. Supreme Court and provided a stern reminder of the importance of decorum and respect for the integrity of the judicial system by dismissing a case because of the plaintiff's misconduct.
By Sharon M. Porcellio
11 minute read
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