ONONDAGA COUNTY BAR ASSOCIATION VOLUME 60 NUMBER 3 | MARCH 2015 CNY Philanthropy Center | 431 East Fayette St. | Syracuse, NY 13202 | Phone: 315-471-2667 LAW DAY 2015 | LET FREEDOM RING 800 YEAR ANNIVERSAY OF THE MAGNA CARTA The Magna Carta Libertatum, the Great Finally, we will conclude the day with our Charter of Liberties, signed on June 15, annual Law Day luncheon to be held at noon 1215, is about to reach a landmark 800th at the new Sky Armory located in downtown birthday! In honor of the occasion, Law Syracuse. Student work from the activities Day 2015, to be celebrated locally on May leading up to Law Day will be on display 1, 2015, will be centered on the concepts and the finalists from the student debate embodied by the Charter. We invite and competition will impress us with their welcome the legal community to a day keen analysis and articulate point/ of contemplation regarding, commitment counter-point leading to selection of a to, and celebration of the rule of law that prevailing team. has developed from that great moment This year’s debate topic focuses on in history, and the preservation of which social media and a defendant’s right is the daily work of our profession. to a fair trial based on juror exposure to We will commence our celebration on such media prior to the trial. Hearing this Friday, May 1 with an 8:15 AM group photo issue debated by our youth who are digital of legal practitioners in our community and natives and “netizens” of the world should the members of the judiciary on the steps of the be both informative and entertaining. Based on last Onondaga County Courthouse. This photo will be available year’s assessment of the debate, if you want to witness for purchase through the Onondaga Bar Association. oral advocacy of the finest order by the youth of our As such, attendance at the group photo and outdoor community, this is a not-to-be missed event. ceremony is highly encouraged! We each have chosen our legal profession for personal At 9:00 AM, bells will ring forth from the Cathedral of and varied reasons. the Immaculate Conception and the doors atop the stairs Whatever the to the Courthouse will open with greetings and opening genesis of those comments by local politicians and legal practitioners. vocational choices, Weather willing, a ceremony presided over by Judge individually and as a Edward D. Carni will occur followed by an acknowledgment group we contribute of this year’s Liberty Bell Award winner. to the maintenance Please note that Law Day is not just for those who and sustainability have chosen a legal vocation but also for those who are of the rule of law interested in learning more about the law and this noble through our daily profession. To address that interest, we have invited work on behalf of students from local high schools to participate in the others. Law Day is an opportunity to honor that work. morning ceremony as well as additional Law Day Events, It is your day – a celebration of the when, why and what including courthouse tours, and the Law Day luncheon. you do for our profession, for our community and for the continuation of our precious liberties! We hope you will At 10:00 a.m., tours of the Criminal Courts Building, consider joining us! Donald E. Budmen, Esq. and Joseph Onondaga County and Federal Courthouses will be J. Bufano, Esq. are Co-Chairs of the Law Day Committee conducted by members of our legal community for local and are attorneys at Ferrara Fiorenza Larrison Barrett middle and high school students. & Reitz, P.C. UPCOMING 2015 EVENTS: MISSION : To maintain the honor and dignity of Annual Bridge the Gap CLE Wednesday | April 22 the profession of law, to cultivate social Annual Law Day Luncheon Friday | May 1 discourse among its members, and to increase its significance in CPLR Update 2015 Friday | June 5 promoting the due administration of Justice. From the President: Greetings, It’s been a month of travel. During the first part of March, Executive Director Jeff Unaitis, and I attended the 2015 American Bar Association Bar Leadership Institute in Chicago, IL. In addition to all the great things the city has to offer, it was a wonderful opportunity to learn the latest in bar association developments and meet bar leaders from all over. One of the more interesting topics of discussion was the increasing use of social media. We learned many bar associations throughout the country have created Facebook pages to provide an additional way to communicate with their members. I am pleased to say the OCBA has joined the ranks and created our own Facebook page. Please take a moment and “Like” our page and see all the great information it provides. We also have plans to expand to other types of social media in the future and will provide updates along the way. The travel continued last week when I attended the New York State Bar Association House of Delegates meeting in Albany. I am pleased to report that Claire E. Gutekunst was elected as President-Elect for the New York State Bar Association at the meeting. Ms. Gutekunst is only the seventh women to be elected in the bar association’s history. Under the State Bar’s bylaws, David Miranda becomes President. We wish Claire and David the best of luck in the upcoming year. Also this past month, we hosted several teams from Onondaga County as they participated in the 2015 NYSBA Mock Trial Regional Competition. High school students prepared for months in hopes of being the winning team. In the end, Christian Brothers Academy won the final round! They will now go on to represent Onondaga County in the championship round later this month. We certainly wish the Brothers the best of luck! In other news, our committees have been busy planning lots of exciting events. We have some great upcoming CLEs, including Bridge the Gap, where our guest speaker will be County Executive Joanie Mahoney. Additionally, Law Day is scheduled for May 1, 2015. Please remember to mark your calendar as it will prove to be an informative and exciting event you will not want to miss. Regards, Jean Marie Jean Marie Westlake | OCBA President [email protected] Telephone: (315) 479-9000 2015 OCBA BOARD OF DIRECTORS Danielle M. Fogel President Immediate Past President Romana A. Lavalas Jean Marie Westlake Nicholas J. DeMartino Scott A. Lickstein Hon. James P. Murphy President-Elect Executive Director Frank B. Pelosi Anne Burak Dotzler Jeffrey A. Unaitis Wendy S. Reese Aaron J. Ryder Vice President Directors David M. Snyder James M. Williams Blaine T. Bettinger Kimberly M. Zimmer Treasurer Bruce R. Bryan John T. McCann Joseph J. Bufano Ex Officio Gordon J. Cuffy Dean Hannah R. Arterian Secretary Sam Elbadawi Deborah Sundquist O’Malley Mark W. Wasmund Paula Mallory Engel Stuart J. LaRose 2 Northern District Case Notes By Mike Langan | Law Clerk to Hon. Glenn T. Suddaby, USDJ Attorney’s Fees binding employment contract between employee Seekamp v. It’s Huge, Inc., 09-CV-0018(LEK) (12/18/14) – class and employer. action against Fuccillo Automotive Group asserting claims under Seale v. Madison Cnty., 11-CV-0278(GTS) Magnuson-Moss Warranty Act, Truth in Lending Act, New York (2/17/15) – action by former community services General Business Law § 349, and New York State Insurance Law; aide at sheriff’s office against sheriff and three county employees, approving award of attorney’s fees in amount of $750,000, pursuant asserting claims of gender-based hostile work environment under to class settlement agreement entered into by parties in June of 2014, Title VII, gender-based hostile work environment under 42 U.S.C. after finding amount reasonable under lodestar method, percentage- § 1983, retaliation under Title VII, retaliation under the New York of-fund method, and weighing of factors set forth in Goldberger v. State Human Rights Law, and retaliation under the First Amendment; Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). granting defendants’ motion for summary judgment. Bankruptcy Labor and Employment – Insurance Benefits In re Calogero, 14-30070(MCR) (2/23/15) – adversary proceeding New York State Corr. Officers & Police Benevolent Assoc., Inc. v. brought by credit union to except debt from discharge as one for New York, 11-CV-1523(MAD) (3/20/15) – action alleging that state money obtained by Chapter 7 debtor’s materially false car loan unilaterally increased percentage of contributions that plaintiffs, application; issuing judgment for debtor, after finding that (1) credit active and retired employees, are required to pay for health insurance union did not have to make attempt to verify accuracy of salary and benefits in retirement, thereby violating Contracts and Due Process employment information provided in debtor’s signed loan application Clauses of U.S. Constitution, and impairing plaintiffs’ contractual in order to reasonably rely on that information, (2) credit union failed rights under terms of Collective Bargaining Agreement; adopting to show that debtor had acted with intent to deceive in signing car magistrate judge’s report-recommendation recommending that loan application that materially overstated her income and described defendants’ motion for judgment on the pleadings be denied. her as having managerial position at bank at which she worked when Rail Transportation in fact she was merely a teller, and (3) debtor’s conduct, in not reading JGB Props., LLC v. Ironwood, LLC, 14-CV-1542(GTS) (3/26/15) – typewritten loan application, was not sufficiently reckless to satisfy action for declaratory and injunctive relief arising from state court intent element of fraud-based dischargeability exception.