According to recent reports, motorcyclist Miguel Mercado was killed after being thrown from his motorcycle and struck by an oncoming vehicle on the Henry Hudson Parkway. One source, citing police reports, reported: Miguel Mercado, 44, of The Bronx, was traveling southbound in the left-hand lane about 9 p.m. Saturday when he hit the highway’s center…
Read More Fatal Motorcycle Accident on Henry Hudson ParkwayThere’s a joke sign that reads: Sexual harassment in this area will not be reported. However, it will be “graded.” Hilarious, right? For one sexual harassment plaintiff, the laughter stopped when the court dismissed her complaint, citing her use of a sticker with similar language. In Krupa v. Dunkirk Specialty Steel, LLC, a Magistrate Judge…
Read More Sexual Harassment “Joke” Gets an “F”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 GymNew York City can be a dangerous place. Consider, for example, a recent case in which an expert testified that it was “common knowledge that mattresses left in the public areas of multiple dwellings are often set on fire”. There is a good way to set a bed on fire, and a bad way. This…
Read More Burning Mattress Personal Injury Case ContinuesIf you’re like me, the thought of (non-online) shopping on Black Friday – the day after Thanksgiving (i.e, not that one, or that one, or that one) – or Thanksgiving Day itself (really?!?) ranks somewhere on the “fun” scale between a colonoscopy and being trapped on an elevator in a burning building with [insert annoying…
Read More Happy Thanksgiving! Don’t Get TrampledJudicial 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 DistrictIn 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 DiscriminationPerhaps this is the new frontier of employment law: punishing plaintiffs’ lawyers for daring to assert claims on behalf of their clients. In a recent complaint, prominent NYC plaintiffs’ lawyer Douglas Wigdor asserts that SoulCycle banned him after he sued the company (on behalf of a client) for violations of the New York Labor Law and…
Read More Plaintiffs’ Lawyers: The New Protected Class?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 DeliverymanAs 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