November 2014

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A recent First Department decision, Kim v. Harry Hanson, Inc., illustrates the effectiveness – or, in this case, the lack thereof – of a release in a personal injury case that purports to limit an alleged tortfeasor’s liability. In Kim, Plaintiff sustained injuries while engaged in a personal training program, under a trainer’s supervision and instruction,…

Read More Release Does Not Bar Personal Injury Case Against Gym
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Judicial opinions are often difficult to distill into discrete bullet points. However, a recent decision can be taken as a cautionary instruction to male supervisors, for example, not instruct their female subordinates, in writing, to remember that they are “a man first and a supervisor second” and that being “sex[y]” is “crucial to the position”, and…

Read More “Mock” Sexual Harassment Letter From Alleged Harasser Supports Plaintiff’s Case Against School District
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In Corrado v. New York State Uniform Court System, the Eastern District of New York explained the difference between an “adverse action” for purposes of retaliation and an “adverse action” for purposes of discrimination based on a protected class (so-called disparate treatment). Specifically: To show a prima facie case of retaliation, plaintiff must demonstrate that…

Read More Court Explains Differing Standards for “Adverse Action” Depending on Whether Claim is For Retaliation or Status-Based Employment Discrimination
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Here is the lawsuit, recently filed by Georgina Spence, against Insomnia Cookies and its deliveryman Keith Moody. The suit alleges, inter alia: That on November 3, 2014 plaintiff Georgina Spence was violently contacted by defendant’s employee Keith Moody without cause, provocation or justification while in the course of his employment as an employee of defendant Insomnia…

Read More $10M Lawsuit Against Insomnia Cookies for Alleged Attack by Deliveryman
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As illustrated by a recent federal court decision, a plaintiff may be able to assert false arrest claims against a private individual who makes a false report to the police, resulting in plaintiff’s arrest. In Sanders-Peay v. NYC Dept. of Educ., decided Nov. 18, 2014, the Eastern District of New York held that plaintiff, a Department…

Read More False Arrest Claims, Based on False Statements to Police, Sufficiently Pled
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In Verga v. Emergency Ambulance Service Inc. et al, the Eastern District of New York denied defendants’ motion for summary judgment on his retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff, an EMT, alleged that he was fired after complaining about sexual…

Read More Court Finds Sufficient Evidence (at the Summary Judgment Stage) of “But For” Causation in Title VII Retaliation Case
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