Sharon M Porcellio

April 28, 2021 | New York Law Journal

In this edition of her Western District Roundup, Sharon M. Porcellio explores two instructive reminders on citizenship of LLCs and the standards of review of a Report, Recommendation and Order of a Magistrate Judge, as well as a comprehensive decision by a federal court on the topic of sexual abuse of children.

By Sharon M. Porcellio

9 minute read

January 28, 2021 | New York Law Journal

In her Western District Roundup column, Sharon M. Porcellio discusses a case illustrating that even though a pro se litigant is granted wide latitude, it does not excuse a suit's deficiencies.

By Sharon M. Porcellio

7 minute read

October 29, 2020 | New York Law Journal

Pertinent to the financial distress facing many as the result of COVID-19, this column will address a case from the fair debt collection arena: Kurzdorfer v. Constar Financial Services, writes Western District Roundup columnist Sharon M. Porcellio.

By Sharon M. Porcellio

8 minute read

July 29, 2020 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio discusses a case in which defendants, manufacturers/marketers of the medical device, brought a motion to dismiss arguing that plaintiffs' claims were preempted by federal law.

By Sharon M. Porcellio

8 minute read

April 23, 2020 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio discusses recent happenings at the court, as well as a decision in a case brought against the SEC for allegedly violating the Appointments Clause of the Constitution.

By Sharon M. Porcellio

11 minute read

January 30, 2020 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio discusses two cases, one that highlights the need for clear and unambiguous communication between an attorney and client about settlement authority, and the other that illustrates the complications of discovery involving metadata and confidential department records from municipalities.

By Sharon M. Porcellio

11 minute read

October 23, 2019 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio discusses a decision which analyzed whether a declaration submitted in support of plaintiff's motion for summary judgment constituted undisclosed and untimely expert testimony in denying plaintiff's motion for summary judgment, and a decision dismissing a medical malpractice complaint that started in village court and ended up on a federal docket.

By Sharon M. Porcellio

9 minute read

July 25, 2019 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio discusses a trio of decisions which reinforce the idea that the court is not a place to pursue a pattern of abuse of the system by continuing to ignore the court's warnings and filing multiple baseless lawsuits. At some point, the court is going to act to protect the time and resources of the courts, the plaintiffs, their attorneys, the various agencies, and the judicial process.

By Sharon M. Porcellio

10 minute read

April 25, 2019 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio discusses a recent decision in which Judge David G. Larimer applied the well-known preliminary injunction standards to determine whether a loss of social media followers amounts to irreparable harm. In addition, he had occasion to re-visit a case reported on last quarter in the environmental arena.

By Sharon M. Porcellio

11 minute read

January 24, 2019 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio writes: In the last quarter of 2018, U.S. Senior District Judge David G. Larimer, in the context of an environmental case under the Comprehensive Environmental, Response, Compensation and Liability Act of 1980, examined the interplay of two doctrines permitting courts to defer exercise of their jurisdiction until an administrative agency acts.

By Sharon M. Porcellio

10 minute read