Partner Jeremy Colby recently argued on appeal to the Second Circuit Court of Appeals

Partner Jeremy Colby recently argued on appeal to the Second Circuit Court of Appeals on behalf of a former prosecutor accused of improperly questioning a child witness whose grand jury testimony was recorded via videotape.  The Court of Appeals affirmed the grant of summary judgment by Judge Siragusa of the Western District of New York dismissing the remaining claims (most claims were dismissed on an earlier motion to dismiss).  The decision is available at: Dieter v. Quintilone, 18-1377-cv (2d Cir. 2019)   Mr. Colby chairs the firm’s Appellate and Supreme Court Practice...

Peter Veech joins Webster Szanyi LLP

Webster Szanyi LLP is pleased to announce that Peter Veech has joined the firm and will be a member of the Litigation Practice Group. Mr. Veech is a graduate of University at Buffalo School of Law.

Webster Szanyi secures positive resolution of wage and hour claims against local municipality in Federal Court

Heather Dechert, Esq. and Michael McClaren, Esq. recently resolved wage and hour claims against the Town of Henrietta brought by former independent contractors asserting that they were denied overtime pay and benefits because they were misclassified as independent contractors.  Through successful motions to dismiss, the team was able to limit the case to a Fair Labor Standards Act (“FLSA”) claim for unpaid overtime, and eliminate ERISA and state law claims for other unpaid wages and benefits.  The parties agreed to a positive resolution of the FLSA claim with no admission of liability, and the agreement was recently approved by the Federal District Court for the Western District of New...

Western District of New York confirms summary judgment dismissing free speech claims against Chautauqua County

Heather Dechert, Esq. and Michael McClaren, Esq. represented the County of Chautauqua in a federal case alleging free speech retaliation against the County by a plaintiff who was terminated from his employment with a local not-for-profit.  The plaintiff alleged that he was terminated at the County’s direction for publicly criticizing that County’s response to the ongoing drug epidemic.  The Federal District Court for the Western District of New York granted summary judgment in favor of the County and dismissed plaintiff’s case, finding that plaintiff did not offer any admissible evidence upon which a reasonable jury could find state action with regard to his termination.  Plaintiff moved for reconsideration, but the Court recently confirmed summary judgment in favor of the...