In a May 28, 2014 decision, the Second Circuit Court of Appeals held, in Newdow v. Peterson, that the inclusion of the phrase “In God We Trust” on U.S. currency – which is mandated by two federal laws, 31 USC sections 5112(d)(1) and 5114(b) – does not violate the First Amendment’s Establishment or Free Exercise…
Read More God on Money OK, Says Second CircuitIn Matter of Gascon (decided May 29, 2014), the Appellate Division, Third Department, upheld a decision by the Unemployment Insurance Appeal Board that the claimant was entitled to receive unemployment insurance benefits. In this case, the claimant asserted that she “quit due to persistent and escalating sexual harassment by her supervisor, the owner” of her employer.…
Read More Court Upholds Unemployment Benefits Where Claimant Quit Due to Sexual HarassmentIn Smith v. Town of Hempstead (decided May 15, 2014), the Eastern District of New York held that plaintiff stated claims for sexual harassment/hostile work environment under Title VII, and a claim for municipal liability under 42 USC 1983. Plaintiff worked as a Community Research Assistant in the Town’s Clerk’s Office and claimed that she was subjected…
Read More Town Clerk States Claims For Hostile Work Environment Sexual Harassment and Municipal Liability Under Section 1983In DeRose v. Bloomingdale’s Inc., the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on liability on his Labor Law § 240(1) claim. While this case is but one data point in the ocean of Labor Law § 240(1) case law, it underscores the important point that a worker should not pay…
Read More Injured Carpenter Entitled to Summary Judgment on Liability, Where Supervisor Instructed Worker Not to Use Appropriate ScaffoldThe court’s decision in Garrigan v. Ruby Tuesday, 14-cv-155 (S.D.N.Y. May 22, 2014) illustrates the important distinctions between pleading employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the much broader New York City Human Rights Law. Plaintiff claimed that she was harassed in the workplace because she would not…
Read More Plaintiff Successfully Pleads Sexual Harassment and Retaliation Under NYC Human Rights LawHappy Memorial Day. According to the Department of Veterans’ Affairs website, Memorial Day commemorates those who died in military service. It is a day of remembrance and reflection. Keep in mind that there are laws, such as the Family and Medical Leave Act, that provide protections to family members of military members. The New York…
Read More Happy Memorial Day!In Kats-Kagan v City of New York, the Appellate Division, Second Department held (in a May 7, 2014 decision) that an ice skater’s personal injury suit should not have been dismissed as against the City of New York. The facts: The plaintiff, an experienced ice skater, allegedly was injured while ice skating at a rink owned…
Read More Ice Skater Did Not Consent to Increased Risk by “Zigzagging” Employee; Case Against City ContinuesBelow is the complaint filed on May 12, 2014 in the Southern District of New York by television writer/producer and professor Mollie Fermaglich against New York University and others. The lawsuit is captioned Mollie Fermaglich v. New York University et al., 1:14-cv-03434, and has been assigned to Judge Engelmayer. Ms. Fermaglich, who is Jewish, asserts (among other things)…
Read More NYU Professor and TV Writer/Producer Mollie Fermaglich’s Federal Discrimination Suit Against NYUEven in cases involving horrific injuries or death, the plaintiff must still prove negligence – that is, a deviation from the relevant standard of care – in order to win. That’s the lesson of Clark v. Amboy Bus Co., decided by the Appellate Division, Second Department on May 21, 2014. In this tragic case of…
Read More Bus-Bicycle Accident Death Case Dismissed, Where Bus Driver Acted With Due CareKosarin-Ritter v. Mrs. John L. Strong, LLC, decided by the First Department on May 22, 2014, illustrates the often difficult burden encountered by a discrimination plaintiff. In affirming the trial court’s grant of summary judgment for defendants, the court stated: Defendants established that there is no evidentiary route that could allow a jury to believe…
Read More Alleged Ageist Remarks Insufficient to Support Discrimination Claim