Sharon M Porcellio

February 08, 2013 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, writes that the Western District recently addressed the debate over whether the U.S. Supreme Court's heightened pleading standards apply to affirmative defenses while also opining on how the Second Circuit decision in 'Shechter v. Comptroller of the City of New York' impacts the standard for pleading affirmative defenses.

By Sharon M. Porcellio

10 minute read

April 13, 2012 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, writes that federal courts addressed the unsettled area of preemption of common law claims for unpaid wages and did not remand, brt refused in another case to exercise jurisdiction over common law negligence claims which merely referred to past violations of federal environmental statutes.

By Sharon M. Porcellio

12 minute read

October 25, 2013 | New York Law Journal

In her Western District Roundup column, Sharon M. Porcellio of Bond, Schoeneck & King, discusses two recently decided cases with novel issues of law. In one, the Bankruptcy Court addressed an issue of first impression under New York law about whether the refinancing of the marital home resulted in a charging lien. In another, after two favorable challenges to casino gambling in Buffalo, essentially the same group of plaintiffs lost their third round through statutory construction.

By Sharon M. Porcellio

12 minute read

June 04, 2003 | New York Law Journal

By Sharon M. Porcellio

11 minute read

July 08, 2011 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, reviews cases on the time within which a pro se plaintiff's complaint could be served, a routine substitution of counsel that made national headlines in an ongoing dispute over the ownership of Facebook, and Fourth Amendment privacy interests in information not previously double-clicked and viewed during an initial investigation when officers conducted two warrantless searches of the entire contents of a computer.

By Sharon M. Porcellio

13 minute read

January 31, 2011 | New York Law Journal

In her Western District Roundup, Ward Greenberg Heller & Reidy partner Sharon M. Porcellio discusses a recent case where the court concluded that it lacked subject matter jurisdiction over the crash of Continental Connection Flight 3407 litigation, and another against Medicare Advantage Organizations filed by providers of emergency ambulance services where the court sua sponte questioned and ultimately rejected the court's subject matter jurisdiction.

By Sharon M. Porcellio

12 minute read

April 21, 2005 | New York Law Journal

Sharon M. Porcellio, a partner at Lippes Mathias Wexler Friedman, reviews a recent ruling that provided a detailed analysis of claims of absolute immunity for judges, their law clerks and criminal prosecutors, and other decisions.

By Sharon M. Porcellio

13 minute read

April 15, 2003 | New York Law Journal

By Sharon M. Porcellio

12 minute read

January 18, 2007 | New York Law Journal

Sharon M. Porcellio, a partner at Lippes Mathias Wexler Friedman, writes that the Western District's one-year pilot mediation program, with its nearly 80 percent settlement rate, will be continued and expanded in 2007. Because of its success, the court has been sharing its plan and working with other federal, state and local courts interested in implementing mediation programs.

By Sharon M. Porcellio

9 minute read

January 23, 2008 | New York Law Journal

Sharon M. Porcellio, a partner at Lippes Mathias Wexler Friedman, writes that Magistrate Judge Jeremiah J. McCarthy, granted plaintiffs' motions to remand two cases to state court after noting that the Western District treats motions regarding referrals to magistrate judges differently from some districts. In addition, District Court Judge David G. Larimer denied an employer summary judgment on most of the discrimination claims by the only female portfolio manager in an investment management firm.

By Sharon M. Porcellio

9 minute read