Every first-year law student reads the case of Palsgraf v Long Is. R.R. Co., 248 NY 339 [1928], arguably the leading case in New York on the issue of whether a defendant had a duty to plaintiff in a negligence case. In Gonzalez v. City of New York, 2015 Slip NY Slip Op 06869 (App. Div.…
Read More Court Reinstates Negligence Claims Against City Arising From Fatal Shooting By Off-Duty OfficerIn a recent lawsuit captioned Schultz v. Congregation Shearith Israel of the City of New York et al (SDNY, 15-cv-07473, filed 9/22/15), plaintiff alleges that her employer, described in the complaint as “the oldest Jewish congregation in the United States”, fired plaintiff “immediately after learning that when her Orthodox marriage ceremony was performed, she was also…
Read More Lawsuit Alleges Unlawful Termination by Jewish Congregation for Having Pre-Marital SexIn Herling v. New York City Dep’t of Educ., No. 13-CV-5287 JG VVP, 2015 WL 5307752 (E.D.N.Y. Sept. 10, 2015), the court denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination based on his race (white) and religion (Jewish). In an April 23, 2014 Order (which I discussed here) the court denied defendants’ FRCP 12(b)(6)…
Read More White Jewish Teacher Overcomes Summary Judgment on Discrimination ClaimsIn Lenart v. Coach Inc., No. 15-CV-1922 JMF, 2015 WL 5319735 (S.D.N.Y. Sept. 11, 2015), the court held that the plaintiff – a male tax lawyer – stated a claim for a sex-based hostile work environment under the NYC Human Rights Law (but not under Title VII or the New York State Human Rights Law).…
Read More Male Employee States Sex-Based Hostile Work Environment Claim Against Coach Under the NYC Human Rights LawIn a recently-filed lawsuit, Silva v. Georgio Armani Corp. et al (filed NY Sup. Ct., NY Cty., Index # 159449/2015) (complaint here), plaintiff Fabio Silva – formerly defendant’s General Counsel and VP for Legal Affairs – alleges that defendant discriminated against him based on his Mexican nationality and his colon cancer diagnosis and retaliated against…
Read More Lawsuit Against Georgio Armani Alleges Disability Discrimination, National Origin Discrimination, Retaliation, and Hostile Work EnvironmentIn O’Brien v. Port Auth. of N.Y. & N.J. (App. Div. 1st Dept. Sept. 8, 2015), the Appellate Division, First Department held that plaintiff – an operating engineer at the World Trade Center Freedom Tower construction site – was entitled to summary judgment on his claim under Labor Law § 240(1). Plaintiff was injured when he “slipped…
Read More WTC Worker Who Fell Down Stairway Entitled to Summary Judgment on Labor Law § 240(1) ClaimIn a recent lawsuit, Caban v. Puerto Rican Family Institute (NY Sup. Ct. Kings Cty., Index # 511268/2015, filed 9/15/15), plaintiff alleges discrimination based on race and national origin and retaliation for opposing such discrimination. Plaintiff – who is of Puerto Rican national origin – alleges, among other things, that a superior told plaintiff “you Puerto…
Read More Race/National Origin Discrimination Lawsuit Against Puerto Rican Family InstituteIn Graciani v. Patients Med., P.C., No. 13-CV-2751 NGG RLM, 2015 WL 5139199 (E.D.N.Y. Sept. 1, 2015), the court held that plaintiff presented sufficient evidence to overcome summary judgment on her pregnancy discrimination, hostile work environment, and retaliation claims. Pregnancy Discrimination In determining that plaintiff established a prima facie case of pregnancy discrimination, the court…
Read More Pregnancy Discrimination, Hostile Work Environment, Retaliation Claims Survive Summary JudgmentIn Ramsaran v. Booz & Co. (N.A.) Inc., No. 1:14-CV-708-GHW, 2015 WL 5008744 (S.D.N.Y. Aug. 24, 2015), the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim. In sum: After a series of documented negative reviews regarding her job performance, Ms. Ramsaran was fired. At the time that…
Read More Pregnancy Discrimination Case DismissedIn a lawsuit filed today in the Southern District of New York – captioned EEOC v. Hillcrest Marshall, Inc. d/b/a Dunkin’ Donuts, 15-07293 – plaintiff Equal Employment Opportunity Commission (EEOC) alleges that defendant (doing business as Dunkin’ Donuts) subjected female employees to sexual harassment, created a hostile work environment, and retaliated against an employee for opposing…
Read More Sexual Harassment/Hostile Work Environment Lawsuit Against Dunkin Donuts