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Bradley v. Town of Cheektowaga et al., 2011 WL 2713486 (WDNY July 13, 2011): Following his arrest (during which plaintiff claimed he was beaten by the arresting officers, handcuffed, and subjected to pepper spray), plaintiff sued individual police officers and the Town of Cheektowaga, alleging excessive force, denial of medical treatment, malicious prosecution, false arrest, assault, and…

Read More Arrestee overcomes summary judgment on excessive force, assault claims
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St. Louis v. Town of North Elba, 16 N.Y.3d 411 (March 31, 2011):  Court of Appeals upheld denial of summary judgment to defendant property owner. Plaintiff maintenance worker was injured when a section of pipe fell on him after being released by a “hydraulic-operated clamshell bucket attached to the bucket arm of a front-end loader”,…

Read More NY Court of Appeals: Function, Not Name, of Injury-Causing Machine Dictates Appropriateness of Industrial Code Section Forming Basis for Labor Law 241(6) claim
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This article, inspired by the apparent recent public dissemination of the Coca-Cola formula (albeit an earlier version of the formula), succintly highlights the difference between the protections provided by patent law, on the one hand, and trade secret law, on the other.  Simply put, patent law arguably offers more comprehensive protection, but provides that protection for a limited…

Read More Why Coca-Cola Never Patented Its Formula
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In Badiak v. Education and Assistance Corp., 2011 WL 233901 (E.D.N.Y. Jan. 24, 2011), Plaintiff asserted several causes of action (under federal and state law) alleging age discrimination, retaliation, and hostile work environment against her former employer, a non-profit agency that provided “educational, vocational, counseling, mediation and intervention services” and ran “learning centers” that functioned as “alternative high school programs…

Read More Section 1983 Claim Against Private School Dismissed Because Complained-Of Acts Were Not Committed Under Color of State Law
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