2015

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In Rebollo v. Nicholas Cab Corp. (App. Div. 1st Dept. Feb. 5, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to “appear for a further independent medical examination (IME) by a physician designated by defendants.” In holding that a further medical exam was not warranted, the court reasoned: Plaintiff…

Read More Defendants Prohibited From Conducting Further “Independent” Medical Exam (IME) of Plaintiff
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In Rajkumar v. Budd Contracting Co. (App. Div. 1st Dept. 2/5/15), the Appellate Division, First Department unanimously revered the lower court’s order granting summary judgment to defendant. From the decision: Plaintiff, an employee of a framing contractor, commenced this action alleging that he slipped and was injured while carrying a framed mirror when his foot…

Read More Construction Paper Trip-Fall Case Continues
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In Johnson v. County of Nassau (EDNY Jan. 30, 2015), the Eastern District of New York explained and applied Section 296(6) of the New York State Human Rights Law (NYSHRL), which makes it an unlawful discriminatory practice “for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden…

Read More Court Ponders Individual Liabilty for Race Discrimination Under NYS Human Rights Law
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Construction sites can be dangerous – not only for workers, but also for pedestrians. In Porteous v J-Tek Group, Inc. et al., a personal injury case, plaintiff sued to recover “damages for injuries he sustained when a falling piece of wood struck him in the head as he was walking on the sidewalk in front of…

Read More Plaintiff Struck by Falling Wood May Continue Personal Injury Case Against Building Owner and Independent Contractor
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Here is the complaint, filed in the Southern District of New York on Jan. 30, 2015 and assigned index number 15-cv-00688, alleging various claims – namely, pregnancy discrimination, gender discrimination, sexual harassment, national origin discrimination, race discrimination, and retaliation – against Mergermarket.    

Read More Lawsuit: Sexual Harassment (etc.) at “Boys Club” Mergermarket
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In Dunn v. URS Corp., 13-cv-6626 (SDNY Jan. 12, 2015), the Southern District of New York held that plaintiff, an African American man, sufficiently alleged race discrimination under Title VII of the Civil Rights Act of 1964. Plaintiff alleged that defendants failed to promote him, paid him less than what similarly situated employees received, failed…

Read More Raises Given to Others Supports Race Discrimination Claim
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In Negroni v. Langsam Prop. Servs. Corp. (App. Div. 1st Dept. Jan. 29, 2015), the court affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint. In this personal injury (premises liability) case, plaintiff alleged that she was injured when the kitchen ceiling in her apartment collapsed. Defendants were not entitled to summary…

Read More Ceiling Collapse Personal Injury Premises Liability Case Continues
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What is “work”? In Gibbs v. City of New York (SDNY Jan. 23, 2015), the court held that plaintiffs’ required attendance at alcohol treatment and counseling sessions was not compensable “work” within the meaning of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. Plaintiffs were identified by their employer (the NYPD) as…

Read More Employer-Mandated Alcohol Counseling is Not “Work” Under the FLSA, Court Holds
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