In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment. While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…
Read More “Voodoo Doll Lynching” Race Discrimination Verdict UpheldIn a June 7, 2012 decision in Arsenault v. New York State, the Appellate Division, Third Department dismissed plaintiffs’ claims (and reversed an earlier decision, which I wrote about here) arising from plaintiff’s decedent being struck and killed by falling rocks while hiking in a state park. The Court of Claims had denied summary judgment…
Read More State Not Liable for Hiker DeathOn June 8, 2009, I wrote the following words in a resignation letter to the managing partner of Moses & Singer LLP: By this letter, I notify you that I resign my position at the Firm, effective today. Today will be my last day. This was the first step towards establishing and building a law…
Read More Three Years Ago TodayIn D’Agostino v. YRC Inc. et al, 565-2011, 2012 WL 11980337 (NY Sup Ct Orange Cty May 17, 2012) – another decision in this rapidly-evolving area of the law – an Orange County trial court ordered the production of a personal injury plaintiff’s Facebook postings pertaining to her pre-incident condition. There, the court granted defendants’ request…
Read More Court Orders Production of Facebook PostsIn an idiotic article entitled “Justice for Justin” (May 31, 2012), Bill O’Reilly claims that “[w]e absolutely need tort reform in this country”. The focus of his anti-lawsuit tirade is the possibility of a lawsuit by a photographer who claims he was assaulted by Justin Bieber. O’Reilly writes: [T]he odds are that this is yet another…
Read More Celebrities and Tort Law