Daily Record (Rochester, NY)

For the month of June, Construction input prices jumped 10.4 percent from June 2007 -- the largest year-over-year increase in more than 20 years, according to U.S. Labor Department's most recent Producer Price Index. Monthly data show inputs to construction industries rose 1.8 percent since May, and were up 5.7 percent over the three-month period from April to June.

The Green Bounce: New Interest in Renewable Energy Firms

Rising oil prices don't seem to be putting much of a damper on William West's business. "We have seen an upswing," said the president of Gates-based Precision Design Systems, which provides testing services for companies developing fuel cell prototypes.

U.S. Court of Appeals Rules Motion Untimely and Denies Petitioner Equitable Tolling

The petitioner, a native and citizen of Pakistan who entered the United States in 1986, petitions for review of the BIA's April 2007 decision denying his second motion to reopen the board's November 2003 decision holding him removable. The BIA ruled the motion was untimely and Rashid was not entitled to equitable tolling. The petitioner sought to avoid the time and numerical bars on the ground of equitable tolling, based on ineffective assistance of prior counsel. Ruling: The BIA was entitled...

U.S. District Court Denies Preliminary Injunction

The plaintiff, a blind prison inmate, alleges violations of the Americans with Disabilities Act, retaliation, the First, Fifth, Eighth and 14th Amendments, and other discrimination by various prison officials. The plaintiff made a pro se motion for a preliminary injunction to prevent the defendants from recklessly disregarding his safety; however, the plaintiff is now represented by counsel. Ruling: The motion for a preliminary injunction is denied. Hybrid representation is disfavored and onl...

New York Judge Denies Patent Infringement Claim

The plaintiff brought suit for patent infringement alleging the defendant manufactured and sold golf bags with straps for carrying the bags that infringe on the "'704 patent." This patent, entitled the "Dual Strap Carrying System for Golf Bags," generally creates a strap designed to evenly distribute the weight of a golf bag across both shoulders of the carrier. Taylor Made now moves for summary judgment against the plaintiff on the issue of the validity of the 704 patent, asserting that seve...

New York Judge Denies Disability Insurance Benefits

The plaintiff was denied disability insurance benefits by an administrative law judge in 2005, although he claims he has been disabled since Dec. 25, 2002, due to a right arm and hand condition, neck and shoulder pain, knee problems and diabetes. The plaintiff filed another claim after the denial, which was successful. At issue is the claim for benefits from December 2002 to May 2005. Both parties have moved for summary judgment. Ruling: The court remands the plaintiff's case for further find...

New York Judge Rejects Evidentiary Hearing

In September 2004, the petitioner pleaded guilty to possession with intent to distribute cocaine base. His difficulties began with a traffic stop in the Town of Brighton for a seatbelt infraction. Police discovered 45 bags of crack cocaine in the car along with the unbuckled driver. The plaintiff had a lengthy record of similar convictions and the petitioner was sentenced to 188 months. Before the court is the pro se petitioner's application to correct his sentence pursuant to 28 U.S.C. [sect...

U.S. District Court Denies Disability Benefits

The plaintiff filed a claim for disability benefits in 1998 alleging a disability since 1993. The claim was denied. The plaintiff argues the ALJ erred in finding there was sufficient evidence to support the RFC determination regarding the plaintiff's ability to engage in bilateral manual dexterity. Ruling: The court notes that at the hearing the plaintiff was more concerned with the fact that alternative work proposed by the first ALJ was not work he would want to perform. He said telemarketi...

U.S. District Court Denies Disability Benefits

The plaintiff was 51 years old at the time of the administrative hearing on disability benefits, after which his claim was denied. The plaintiff obtained his high school degree and had past relevant work experience as a mechanic's helper and a heavy equipment operator. He alleged disability due to degenerative disc disease and arthritis and now argues that the commissioner failed to consider the medical evidence of record properly. Ruling: The court, reviewing the way in which the ALJ accorde...

New York Judge Denies Life Insurance Benefits

The plaintiff, individually and on behalf of the estate of her deceased husband, sought to recover supplemental life insurance benefits that were part of the Verizon Employee Group Benefits Plan issued by the decedent's employer. The defendant, Metropolitan Life Insurance Co., is the claim administrator for the plan, and it denied the plaintiff's administrative claim. She subsequently brought action under ERISA. Before the court is MetLife's motion for summary judgment dismissing the amended ...

U.S. District Court Case Summaries: July 18, 2008

Wrongful Adoption Medical Expenses

University of Rochester Names Robert L. Clark Dean of the School of Engineering and Applied Sciences

Robert L. Clark, former dean of Duke University's Pratt School of Engineering, was named dean of the School of Engineering and Applied Sciences (SEAS) at the University of Rochester. He succeeds Kevin Parker, who has served as SEAS?dean since 1998. Clark's appointment is effective Sept. 1.

Mayors From the U.S. And Canada Meet in Toronto for Fifth Annual Member Conference

Mayors from nearly 50 local governments in Canada and the United States on Thursday joined host Mayor David Miller in Toronto for the fifth Annual Member Meeting and Conference of the Great Lakes and St. Lawrence Cities Initiative (GLSLCI). The mayors selected a new organizational chairman and urged federal governments to invest in cities to advance Great Lakes and St. Lawrence protection.

Canadaigua National Bank Awards $5,000 to the Urban League of Rochester's Home Store

Canandaigua National Bank recently announced its award of $5,000 to The Urban League of Rochester's Home Store, which provides low- and moderate-income first-time homebuyers with one-on-one financial counseling, education on all steps of the home buying process,and access to grants for down payment and closing costs. Since it was established in 1994, the Home Store has helped more than 3,000 families purchase their first homes. Of those served by the Home Store in the past seven years, 97 per...

Five New Members Join Rochester Institute of Technology's Board of Trustees

The Rochester Institute of Technology on Thursday announced the addition of five new members to its board of trustees, each of whom are business leaders from diverse industries, according to a release from the school. The appointments were announced during RIT's West Coast board of trustees meeting, held July 9 through 11.