August 2015

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In Shkreli v. JPMorgan Chase Bank, N.A., No. 13 CIV. 5647 LGS, 2015 WL 1408840 (S.D.N.Y. Mar. 27, 2015), plaintiff – a banker employed by defendant – asserted claims for false imprisonment and intentional infliction of emotional distress against his employer. The court held that plaintiff presented sufficient evidence to overcome summary judgment on both claims.…

Read More False Imprisonment, Intentional Infliction of Emotional Distress Claims Continue Against Bank
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A recent Southern District of New York case, McLeod v. Jewish Guild for the Blind, No. 1:13-CV-6746-GHW, 2015 WL 5008732 (S.D.N.Y. Aug. 21, 2015), illustrates the importance of timely filing an EEOC charge when asserting claims under, e.g., Title VII of the Civil Rights Act of 1964 in an employment discrimination (here, sexual harassment) case.…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed as Time-Barred
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In Littlejohn v. City of New York, No. 14-1395-CV, 2015 WL 4604250 (2d Cir. Aug. 3, 2015), the Second Circuit clarified the pleading standards applicable to employment discrimination claims. Plaintiff, an African American woman, alleged that, while employed by the New York City Administration for Children’s Services, she was subjected to a hostile work environment and…

Read More Second Circuit Clarifies Pleading Standard For Employment Discrimination Cases
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In Caceres v. Standard Realty Assoc., Inc. (App. Div. 1st Dept. Aug. 25, 2015), plaintiff worker was injured when he fell from a ladder. The appellate court reversed the lower court and granted plaintiff summary judgment on liability on his claim under New York Labor Law § 240(1) (the so-called “scaffold law”). Here are the facts…

Read More Fall From A-Frame Ladder; Plaintiff Gets Summary Judgment on Labor Law § 240(1) Claim
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In Anderson v. HotelsAB, LLC, No. 15CV712-LTS-JLC, 2015 WL 5008771 (S.D.N.Y. Aug. 24, 2015), plaintiff alleged that defendants discriminated against her in violation of the New York City Human Rights Law (NYCHRL) by refusing to hire her because of her relationship with her disabled son. This decision addresses the geographical reach of the NYCHRL. The facts, briefly:…

Read More Court Addresses Geographical Reach of NYC Human Rights Law in Associational Disability Discrimination Lawsuit
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In Laduzinski v. Alvarez & Marsal Taxand LLC (App. Div. 1st Dept. Aug. 25, 2015), the Appellate Division, First Department permitted a fraudulent inducement claim to continue against a new employer who lured an employee away from another job. Plaintiff voluntarily quit his job with J.P. Morgan to work for another entity (referred to by the…

Read More At-Will Employee States Fraudulent Inducement Claim
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One of the most serious types of car accidents is the so-called “pedestrian knockdown” case, in which a motor vehicle hits a pedestrian. Unsurprisingly and for obvious reasons, in the “car v. pedestrian” scenario, the pedestrian is at significantly greater risk. In Zhu v. Natale (App. Div. 2nd Dept. 8/19/15), plaintiff was walking in a crosswalk…

Read More Pedestrian Wins on Liability in Auto Accident Knockdown Case
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In a recent complaint captioned Donahue v. Asia TV USA Ltd., SDNY 15-cv-06490 (filed 8/18/15), plaintiff (a 58 year-old American man) alleges discrimination on the basis of his national origin, age, and disability. As to his anti-American bias claim, the complaint refers to testimony “that [defendant’s] Indian management said that Americans were ‘fat, lazy, dying,…

Read More Lawsuit Alleges Anti-American Bias at Asia TV
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