In a recent case, SJS Distribution Systems v. Sam’s Club (decided October 11, 2013), the Eastern District of New York discussed and applied the doctrine of “spoliation” as it relates to discovery in civil litigation. There, plaintiff argued that it “discovered a discrepancy between the packaging of the diapers that it ordered and some of…
Read More Court Imposes Sanctions For Evidence Spoliation in Diaper CaseIn Singh v. Bay Crane Services, 11-cv-720 (EDNY Oct. 11, 2013), the Eastern District of New York recently denied defendant’s motion for summary judgment and allowed plaintiff, a Guyanese man of Indian descent, to proceed with his claim that he was not hired for discriminatory reasons – namely, his race and national origin. Since the court…
Read More Crane Operator’s Race and National Origin Discrimination Claims Allowed to ContinueA recent appellate decision, Arto v. Cairo Construction (decided Sept. 18, 2013), illustrates the need for clear jury instructions in construction accident cases brought under New York Labor Law § 240(1). There, the Appellate Division, Second Department granted plaintiff a new trial on his Labor Law § 240(1) claim following a jury verdict for defendants. Defendants were…
Read More Ambiguous Jury Instruction Requires New Trial in Injured Roofer’s Labor Law § 240(1) CaseHere is plaintiff Ivana Hidalgo’s disability discrimination complaint, captioned Hidalgo v. B&B Hospitality Group LLC (SDNY 13-cv-6402 filed 9/12/13) against B&B Hospitality Group LLC and others. Plaintiff claims that defendants violated the Americans with Disabilities Act and the New York State Human Rights Law by failing to reasonably accommodate her disability – an inequality in the lengths of her…
Read More Disability Discrimination Suit by Uneven-Legged Plaintiff Against Mario Batali-Owned CompanyNew York State Senator Liz Krueger has introduced legislation (Bill No. S05951) that will “[p]rovide certain civil rights protections for interns.” It was motivated by a recent court decision, Wang v. Phoenix, which held that unpaid interns are not protected by the New York City Human Rights Law. (It is interesting that state intern-protection legislation would…
Read More State Senator Introduces Intern-Protective LegislationIn Sandiford v. City of New York Dept. of Education the New York Court of Appeals (the state’s highest court) yesterday, Oct. 17, 2013, affirmed the Appellate Division’s order permitting plaintiff’s sexual orientation discrimination and retaliation claims under the New York State and City Human Rights Laws to proceed. The Court of Appeals decision is rather terse; for…
Read More Teacher May Continue Sexual Orientation Discrimination and Retaliation ClaimsIn Seubert v. Deluty, a Nassau County judge awarded, after an inquest following defendant’s default, damages to compensate plaintiff for sexual harassment she suffered while employed as a part-time dental assistant and receptionist for defendant dentist. It also set aside a transfer of property from defendant dentist to his wife as a fraudulent conveyance. Plaintiff alleged that defendant…
Read More Dental Assistant Awarded Damages in Sexual Harassment SuitBelow and here is the complaint, captioned Pino v. Brooks Brothers Group, Inc. et al., 13-CV-5022, filed by a female factory worker against Brooks Brothers and related entities in the Eastern District of New York. Plaintiff asserts claims of gender discrimination, race discrimination, national origin discrimination, and retaliation. Among other things, plaintiff alleges that her supervisor and…
Read More Brooks Brothers Sexual Harassment LawsuitA recent federal court decision illustrates the rights that tenants, particularly those in New York City, have against discrimination outside the employment context. In Ponce v. 480 East 21st Street LLC, the court held that plaintiff stated a sex discrimination claim under the New York City Human Rights Law, and retaliation claims under that statute…
Read More Tenant States Claims Under the Fair Housing Act and New York City Human Rights Law Following Sexual Harassment By SuperintendentIn Garrett v. City of New York, the New York Supreme Court (NY County) recently granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case illustrates the extent to which illness-related absences from work may constitute a “reasonable accommodation”. Plaintiff alleged that…
Read More Absences and Failure to File Notice of Claim Doom Disability Discrimination Suit Against City of New York