March 2013

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This week in Wilson v. Pasquale’s DaMarino’s, Inc., 2013 WL 1195603, 10-cv-2709 (March 25, 2013) – a discrimination and wage/hour lawsuit brought by several restaurant workers – Southern District Judge Paul Gardephe issued a stern warning to litigants that flouting court deadlines and misrepresenting facts to the court will not be tolerated, and that such…

Read More Angry federal court enters default judgment as sanction for repeated litigation abuses
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Last week in Parisi v. Goldman, Sachs & Co., the Second Circuit held that the trial court should have granted defendant’s motion to compel arbitration of claims brought by former managing director Lisa Parisi – who is one of three women suing Goldman – that she was subjected to gender discrimination.  She contends that defendant…

Read More 2nd Circuit: Under Title VII “Pattern or Practice” Refers to a Method of Proof, Not a Substantive Right
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In Carroll v. County of Monroe (2d Cir. 12-975-cv, March 12, 2013), the Second Circuit affirmed the denial of plaintiff’s motion to set aside a jury verdict (or alternatively, for a new trial) after a jury found that plaintiff failed to prove her claim (brought under 42 U.S.C. § 1983) that the shooting of her…

Read More 2nd Circuit: Police Not Liable For Killing of Dog During Execution of No-Knock Warrant
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This week New York City lawmakers enacted (over a mayoral veto) a law prohibiting discrimination against out-of-work job seekers.  (Click here for similar proposed, but un-enacted, federal legislation.) Click here for the legislation’s text and history and here for a press release discussing it.  The law will take effect within 90 days of its enactment (March…

Read More New York City Enacts Legislation Prohibiting Discrimination Based On Unemployment
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Below is the complaint filed on March 13, 2013 by Alexandra Marchuk (a Vandy Law grad) against law firm Faruqi & Faruqi – a self-proclaimed “recognized leader in protecting the rights of employees“- and its partner Juan E. Monteverde for sexual harassment. Among other things, plaintiff alleges: Mr. Monteverde intensified his improper actions on the…

Read More Briefs & Blow Jobs: Prominent Plaintiffs’ Law Firm And Partner Sued For Sexual Harassment
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Punctuality is important, and many employers rightly take the position that excessive tardiness can be grounds for discipline, up to and including termination.  However, a recent Second Circuit case holds that arriving on time is not necessarily an “essential function” of the job under the Americans with Disabilities Act of 1990 (ADA). Specifically, McMillan v.…

Read More 2nd Circuit: Being On Time Is Not Necessarily an “Essential Function” Of Job
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In NY Statewide Coalition v. NYC DOHMH (NY Sup. Ct. NY Cty. Index 653584/12), the court enjoined the enforcement of NYC Health Code § 81.53 (which prohibits the sale by certain vendors of “sugary drinks” exceeding 16 fluid ounces). In addition to finding that the Rule violated the separation of powers doctrine, Judge Tingling found that…

Read More Viva La Soda! Manhattan Judge Milton Tingling Strikes Down Mayor Bloomberg’s “Soda Ban”
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Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University
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Gilchrist v. City of New York, decided on March 7, 2013, contains an important lesson for plaintiffs’ lawyers in personal injury cases:  wherever possible, make sure to specifically request that certain pieces of evidence be preserved.  Here, the defendants’ failure to preserve such specifically requested evidence resulted in sanctions for spoliation of evidence. In this…

Read More Defendants’ Spoliation of Evidence Results in Adverse Inference Charge and Denial of Summary Judgment Motion
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