3110 Delaware Ave, Kenmore, NY 14217 | (716) 803-8166
RESULTS AND REPRESENTATIVE MATTERS
As the ethical disclaimer in the legal profession goes, “prior results do not guarantee future outcomes.” But, in choosing a law firm, it is wise to inquire what sort of matters the firm has handled before – and outcomes it has achieved – to ensure it brings the necessary level of skill and commitment to your individual case or problem. We believe our results speak for themselves. In a short time we have already changed the law in tremendous ways, and we look forward to bringing the skill set that achieved these past results to bear on your specific case or problem.
CIVIL MATTERS
Sarwar v. Granchelli Partnership, W.D.N.Y. 2021
Defense counsel for hotel in Americans with Disabilities Act suit brought by nationwide serial plaintiff Saim Sarwar.
Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.204.6.161, 337 F. Supp. 3d 246 (W.D.N.Y. 2018)
Challenge to pornography holding company’s “unmasking subpoena” served on internet subscriber accused of illegal downloading. Arguments used in this case were reported by one of the top IP law blogs in the country (512(h) Doesn’t Preempt Doe Unmasking Lawsuits) and by the U.S. Copyright Office itself in its twenty-year Section 512 Study (here). Success in this and other unmasking subpoena lawsuits led to our office being contacted and requested to design the enforcement litigation strategy of the world’s largest and most-well known internet pornography company (MindGeek).
Dean v. University at Buffalo School of Medicine and Biomedical Sciences, 804 F.3d 178 (2d Cir. 2015)
Reversed the federal district court’s dismissal of the plaintiff’s Americans with Disabilities Act/Rehabilitation Act claims on appeal alleging termination from medical school in the case that established the standards for the burdens of production and persuasion in an educational institution discrimination case – a case now cited repeatedly across the country by other federal courts.
In re Tesla discrimination claim
Counsel handling the class action Equal Employment Opportunity Commission (EEOC) complaint for multiple workers at the Tesla Gigafactory 2 in Buffalo, NY
Wellsville Citizens for Responsible Development v. Wal-Mart, et al., 140 A.D.3d 1767 (4th Dep’t 2016)
Represented citizens group and successfully annulled State Environmental Quality Review (“SEQRA”) determination regarding construction of proposed Wal-Mart supercenter in Wellsville, New York thereby stopping, by its own admission, Wal-Mart’s last attempt to build in New York State.
In re: Buffalo Biodiesel cases (Erie County Supreme Court)
Counsel for multiple out-of-state restaurants sued by local waste oil collector attempting to unfairly haul contractual clients into Erie County in pattern and practice investigated by various journalists and, ultimately, the Attorney General. Motion to dismiss brought by us, in conjunction with several large law firms representing other clients, resulted in definitive declaration that the plaintiff’s contractual forum selection clause was unenforceable.
New York State Attorney General Complaint re: Buffalo Police Department
Co-author and co-signer of the well-publicized “Black Lives Matter” letter complaint and report submitted to the New York State Attorney General’s Office summarizing two years’ worth of clinical research into discriminatory practices by the Buffalo Police Department. Executive summary (upon which the full 125 page+ report is based) is available here.
Matter of [Anonymous] (New York State Division of Human Rights)
Settlement of employment discrimination suit against large area health care provider for more than three times the cap predicted by New York State Division of Human Rights staff counsel assigned to the case prior to our retention.
In re: Google Subpoena
Of counsel for defense of highly-publicized pre-discovery information subpoena sought against Google to disclose identity of blogger
Royal Housing, LLC v. City of Jamestown, 2021 WL 4504459 (W.D.N.Y. 2021)
Representation of largest property management/rental ownership company against City in civil rights suit. Summary judgment granted in favor of plaintiff company finding City’s illegal condemnation.
CRIMINAL CASES
People v. B.M. (Chautauqua County)
Trial attorney for highly-publicized case alleging defendant’s firing of replica Civil War cannon at neighbor. Defendant acquitted of all criminal charges at trial, non-criminal offenses reversed on appeal through continued representation.
People v. M.S. (Erie County Court)
Trial co-counsel in acquittal for murder in the second degree.
People v. J.W. (Erie County Court)
Trial counsel for defendant in second degree murder jury trial; successfully obtained mistrial due to prosecution’s improper entry of evidence at trial.
People v. L.P. (Buffalo City Court/Erie County Court)
Counsel for defendant facing criminal possession of a weapon in the second degree charge concerning handgun tied to gang murder. Case dismissed.
People v. Page, 35 N.Y.3d 199 (2020)
Successfully suppressed handgun at trial court level, suppression upheld by Appellate Division, ultimately reversed by NY Court of Appeals in 5-2 split decision.
People v. B.M. (Erie County)
Counsel for doctor arrested at Erie County Medical Center in possession of illegal controlled substances.
People v. L.T. (Erie County)
Complete acquittal of DWI charges after trial.
USA v. C.R. (W.D.N.Y.)
Representation of individual charged under federal “kingpin” drug trafficking statute
USA v. T.G. (2d Cir.)
U.S. Court of Appeals for the Second Circuit mandate remanding case and agreeing that trial judge did not properly analyze whether pro se notice of appeal should have been considered as motion to extend deadline to file notice of appeal
Our firm has also handled sensitive matters involving Child Protective Services charges of abuse and neglect, up to and including those involving the death of a child. To date, we have helped our clients avoid criminal charges based on allegations, and, in some cases, through our thorough investigation, have resolved the matters with our clients obtaining joint or even sole custody of their children.
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