The fact pattern of in the recent case of Deng v. Young, 2018 NY Slip Op 05414 (App. Div. 4th Dept. July 25, 2018) is any parent’s nightmare: Plaintiff’s son (hereafter, child) was a student at Webster Elementary School, improperly sued as Webster Elementary School District, which is located in the Syracuse City School District (collectively,…
Read More Personal Injury Case Against School Survives Summary JudgmentManhattan Supreme Court Justice Robert Reed recently denied defendant Paul Haggis’ motion to dismiss plaintiff Haleigh Breest’s complaint, in which she alleges a single cause of action – for violation of the “Victims of Gender-Motivated Violence Protection Act” (VGMVPA), codified at § 8-901 et seq. of the New York City Administrative Code – based on an alleged…
Read More Court Denies Paul Haggis’ Motion to Dismiss Plaintiff’s Claim Under the “Victims of Gender-Motivated Violence Protection Act”From LISETTE PAULSON, Plaintiff, v. TIDAL, ROC NATION, DESIREE PEREZ, JOSEPH BORRINO, and DOES 1-10, Inclusive, Defendants., 16-cv-9049, 2018 WL 3432166 (S.D.N.Y. July 18, 2018): Paulson alleges that Tidal discriminated against her in violation of Title VII. (Am. Compl. ¶ 29.) A plaintiff bringing a Title VII employment discrimination lawsuit must allege that (i) she is…
Read More Title VII Pregnancy Discrimination Claim Sufficiently Stated Against Tidal et alIn Abreu et al v. Fairway Market LLC et al, 17-cv-9532, 2018 WL 3579107 (S.D.N.Y. July 24, 2018), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination claims under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In this case, plaintiffs alleged “that Fairway Market and its employees discriminated and…
Read More Court Grants Motion to Compel Arbitration; Economic Duress Argument RejectedIn Ellis v. Washington, 2018 WL 3575518 (W.D.N.Y. July 25, 2018), the court held that plaintiff, who worked as part of the County’s Work Experience Program (WEP), plausibly alleged claims for sexual harassment based on her supervisor’s alleged inappropriate conduct. From the decision: Plaintiff’s Complaint plausibly alleges a Monell violation. It alleges that the County…
Read More Sexual Harassment Claim Survives DismissalA recent law, New York Civil Practice Law and Rules § 5003-b (effective July 11, 2018), relates to the use of confidentiality agreements in settlements of sexual harassment cases. It provides: Notwithstanding any other law to the contrary, for any claim or cause of action, whether arising under common law, equity, or any provision of law,…
Read More New Law Limits Use of Nondisclosure Agreements in Sexual Harassment CasesIn Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court held that the jury’s $2.5 million verdict was excessive, and held that $125k was more appropriate. The court summarized the evidence of emotional distress as follows: At the trial, Plaintiff testified that he felt “extremely…
Read More Court Remits $2.5 Million Emotional Distress Jury Award to $125,000 in Discrimination CaseIn Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court, inter alia, upheld a jury verdict that defendant discriminated against plaintiff – by not promoting him – because of his national origin (Iranian). Among the evidence of discrimination was a comment that plaintiff was “hiding yellow…
Read More Court Upholds Jury’s Finding for Plaintiff on National Origin Discrimination ClaimIn Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…
Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital CorporationIn Ray v. New York State Insurance Fund, 16-cv-2895, 2018 WL 3475467 (S.D.N.Y. July 18, 2018), the court, inter alia, dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964 because the plaintiff did not “exhaust administrative remedies.” The court summarized the law: “[E]xhaustion of administrative remedies through the EEOC…
Read More Hostile Work Environment Claim Dismissed Due to Lack of Administrative Exhaustion