In a lawsuit filed on Oct. 3, 2016, captioned Jane Doe v. Donald J. Trump and Jeffrey E. Epstein, SDNY 16-cv-7673, plaintiff alleges, among other things: 10. Defendant [Donald J.] Trump initiated sexual contact with Plaintiff at four different parties. On the fourth and final sexual encounter with Defendant Trump, Defendant Trump tied Plaintiff to a…
Read More Donald Trump Rape LawsuitIn Quick v. Garcia, No. 16-cv-2646, 2016 WL 6069504 (E.D.N.Y. Oct. 14, 2016), the court dismissed, with prejudice, plaintiff’s (amended) complaint which asserted disability discrimination under the Americans with Disabilities Act (ADA). This decision contains a small, but important, pleading point. It explained: “[T]he Amended Complaint does not allege that plaintiff is disabled within the…
Read More ADA Disability Discrimination Claim Insufficiently PleadedIn Silvers v. Wells Fargo Bank, N.A., No. 15-CV-6721 (KBF), 2016 WL 5875076 (S.D.N.Y. Oct. 7, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. From the decision: Plaintiff raises no triable issue of…
Read More Question About Retirement Plans Alone Insufficient to Survive Summary Judgment on Age Discrimination ClaimIn Tibbetts v. Pelham Union Free Sch. Dist., No. 2014-11219, 2016 WL 5928741 (N.Y. App. Div. 2nd Dept. Oct. 12, 2016), the court affirmed the summary judgment dismissal of plaintiff’s disability discrimination claim under the New York State Human Rights Law. Plaintiff, a probationary music teacher employed by defendant, alleged that she was fired approximately two…
Read More Music Teacher’s Disability Discrimination Claim Properly Dismissed; Court Cited Parental Complaints as Reason for Termination and Defendant’s Lack of Notice of Alleged DisabilityA recent First Department decision, Rosario v. Prana Nine Props., LLC, 2016 NY Slip Op 06431 (Oct. 4, 2016), upheld the lower court’s dismissal of plaintiff’s personal injury slip-and-fall case. The court summarized the law as follows: A defendant who moves for summary judgment in a slip and fall case has the initial burden of…
Read More Slip/Fall Case Dismissed; No Duty to Correct Pedestrian-Tracked Water; No Notice of UrineIn Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a linguist – plausibly alleged (in a proposed amended complaint) a claim of hostile work environment against defendants, including the Army. (This…
Read More “Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work Environment Claim Against ArmyA recent decision, Joseph v. City of New York, 2016 NY Slip Op 06649 (App. Div. 1st Dept. Oct. 11, 2016), illustrates the limitation of New York Labor Law 240(1), which imposes strict liability in certain construction-related accidents. From the decision: Plaintiff Lindy Joseph was struck by a pipe while it was being flushed clean with…
Read More Pressure, Not Gravity, Caused Pipe-Related Injury; Labor Law 240(1) Claim DismissedIn Boston v. Taconic Eastchester Mgmt. LLC, No. 12 CIV. 4077 (ER), 2016 WL 5719751 (S.D.N.Y. Sept. 30, 2016), the court dismissed plaintiff’s discriminatory termination, hostile work environment, and retaliation claims under Title VII. The law, as summarized by the court: Plaintiff’s Title VII claims for race and color discrimination, hostile work environment, and retaliation are…
Read More Theft Was Nondiscriminatory Reason For Termination; Pretext Not ShownFrom Rojas v. Port Auth. of New York & New Jersey, No. 15CV6185NGGPK, 2016 WL 5921777, at *8–9 (E.D.N.Y. Oct. 11, 2016): Having found that Plaintiff has at least one timely allegation of disparate treatment under each statute, the court turns to the sufficiency of the pleadings. The court finds that none of Plaintiff’s timely allegations…
Read More Title VII Race, National Origin Discrimination Claims Insufficiently AllegedIn Whipple v. Reed Eye Associates, No. 15-CV-6759L, 2016 WL 5719431 (W.D.N.Y. Oct. 3, 2016), the court dismissed plaintiff’s claim for retaliation, but sustained her claims for tortious interference with economic advantage and defamation. In dismissing her retaliation claim against one defendant, the court explained: [P]laintiff alleges that Weissend sexually harassed her, and that after she…
Read More Tortious Interference and Defamation Claims Survive, Retaliation Claim Dismissed, in Sexual Harassment Case