In a March 22, 2012 opinion (authored by Judge Ralph Winter), the Second Circuit held, in Cuff v. Valley Central School District et al., that the defendant school did not violate a student’s First Amendment rights by suspending him for six days after he created a crayon drawing in which he expressed his desire to…
Read More 2d Circuit Upholds Suspension of 10-Year Old Who Expressed Desire to Blow Up SchoolBelow is the complaint filed by Evelyn Paswall on March 20th against Apple Inc. According to the suit, Ms. Paswall “walked directly into the clear glass doors at [the store] and fractured her nose.” The allegations pertaining to Apple’s alleged negligence are largely set forth in paragraphs 18 and 19. [scribd id=86658094 key=key-f4pibatfj6025bu0d57 mode=list]
Read More 83-Year Old Woman Sues Apple After Walking Into Store’s Glass FacadeIn a decision issued on March 15, 2012 in Ginsburg v. Cornell University et. al., 11-cv-01374, the court denied defendants’ motion for a judgment on the pleadings, permitting the lawsuit – brought by the father of a Cornell student who killed himself by jumping off the Thurston Avenue Bridge (pictured) near the Cornell campus –…
Read More Cornell Bridge Suicide Lawsuit ContinuesBelow is the complaint filed on March 16th by Alina Borgovan against the Union League Club, containing her allegations that she was subjected to sexual harassment, discrimination based on her national origin (Romanian), and fired in retaliation for complaining of this conduct. [scribd id=85987218 key=key-1wfma9g175x3uaerhu68 mode=list]
Read More Discrimination Lawsuit Against Union League ClubIn Carpinone v. City of New York, No. 11 Civ. 2074 (PAE), the SDNY recently clarified the pleading requirements for a claim under Monell v. Dep’t of Social Servs., 436 U.S. 658, 694 (1978). SDNY Judge Engelmayer dismissed plaintiff’s complaint on the pleadings under Federal Rule of Civil Procedure 12(c). Plaintiff alleged that he was…
Read More SDNY Reiterates Section 1983 / Monell Pleading RequirementsBelow is a copy of the complaint filed by aspiring model Hayden Holt against New York modeling agency Emmanuel NY Models Inc. and its principal, Aristeo Tengco, for sexual harassment, retaliation, wage violations, and breach of contract. Specifically, Holt asserts that Tengco inappropriately touched her, and then retaliated against her – by apparently having her…
Read More Aspiring Model’s Sexual Harassment LawsuitCrump v. NBTY, Inc. et al., 10-cv-632 (WFK) (ETB) (EDNY March 1, 2012) illustrates that even a single, facially neutral (but arguably racist) remark by a supervisor may be enough to proceed to a jury trial on a Title VII discrimination claim. Defendant contended that it fired plaintiff for theft and for improperly using a…
Read More Court Allows Race Discrimination Claim, Based on Single Racist Remark, to Proceed to Jury TrialA recent decision, Thiebault v.Chelsea 23rd St. Corp., 108001/2011 (N.Y. Sup. (N.Y. Cty.) Feb. 3, 2012), illustrates (yet again) the limited reach of New York’s general whistleblower statute. Plaintiff alleged that he was terminated because he refused to sign an affidavit of service containing false statements, in violation of that law. The court disagreed. “In…
Read More NY Whistleblower Law Does Not Protect Employee Fired For Refusing to Engage in PerjuryBelow is a copy of the complaint filed last week by the husband and child of Marion Hedges, who was injured on October 30, 2011 when struck by a shopping cart dropped from an elevated walkway of a Harlem shopping center (news regarding the recent sentencing of one of the teens involved in the incident here).…
Read More Shopping Cart Drop Lawsuit