From Moore v. The City of New York, 2018 WL 3491286 (S.D.N.Y. July 20, 2018): Defendants argue they are entitled to summary judgment on Moore’s hostile work environment claims because “[t]he conduct at issue was not sufficiently severe or pervasive and amounts to, at most, trivial slights and inconveniences; and [p]laintiff cannot show that he…
Read More Hostile Work Environment Claim DismissedIn Wander v. St. John’s Univ., 2018 NY Slip Op 05353 (App. Div. 2d Dept. July 18, 2018), an age discrimination case, the court held that plaintiffs should be permitted to supplement the complaint to, inter alia, enumerate their damages related to the termination of their employment. From the decision: In the absence of prejudice or…
Read More Age Discrimination Plaintiffs Permitted to Amend Complaint, Court RulesIn a recently-filed lawsuit, captioned Lockwood v. CBS Radio Inc., Joseph Benigno et al (NY Supreme Ct. Kings Cty. Index 514650/2018, July 17, 2018), plaintiff alleged, inter alia, “that the terms, conditions and privileges of her employment relationship with Defendants … were adversely affected because of her sex” and “that she was subjected to sexual…
Read More Sexual Harassment Complaint Filed Against CBS Radio Et AlIn Fullwood v. Sodexo, Inc. et al, 16-cv-6527, 2018 WL 3439866 (WDNY July 17, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims. As to her sex-based claim, the court explained: Plaintiff also claims that sexual harassment caused a hostile work environment. Pl. Mem. at 20. The Court has reviewed…
Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Use of the Word “Bitch”, While “Rude and Boorish”, Was Not EnoughIn Lillo-Arouca v. Masoud, 2018 NY Slip Op 05150 (App. Div. 2d Dept. July 11, 2018), the court affirmed the dismissal of plaintiff’s amended complaint alleging personal injuries arising from a dog bite. Here is the law, as summarized by the court: To recover upon a theory of strict liability in tort for a dog bite or…
Read More Dog Bite Personal Injury Case Dismissal AffirmedIn Daniel v. T&M Protection Resources LLC, 13-cv-43842018 WL 3388295 (S.D.N.Y. July 12, 2018), the court addressed what it characterized as “a threshold legal question,” namely, “whether a plaintiff may aggregate evidence of racial and sexual harassment to support a hostile work environment claim where neither charge could survive on its own.” On this issue,…
Read More Court Discusses “Aggregation” Approach to Hostile Work EnvironmentIn Smith v. The City of New York, 16-cv-9244, 2018 WL 3392872 (S.D.N.Y. July 12, 2018), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the New York State Human Rights Law and the NYC Human…
Read More Hostile Work Environment Claim Survives DismissalIn DiPasquale v. Boys & Girls Harbor Inc., 2018 NY Slip Op 04947 (App. Div. 1st Dept. July 3, 2018), a personal injury/premises liability case, the court unanimously affirmed the denial of defendant’s motion for summary judgment. This case underscores the responsibilities that premises owners have to maintain their property in a reasonably safe condition. From…
Read More Electrocution Injury Case Against Employer’s Landlord Survives Summary JudgmentIn Leist v. JMC Pharmacy Inc., 2018 NY Slip Op 04974 (App. Div. 1st Dept. July 5, 2018), the court unanimously affirmed the dismissal of plaintiff’s claim for breach of contract. From the decision/order: There is no written contract, and the documents submitted by plaintiffs in an effort to show a purported meeting of the minds…
Read More Commission Claim Dismissed; Statute of Frauds AppliedIn a recent decision, Equal Employment Opportunity Commission v. Draper Development LLC, 15-cv-877, 2018 WL 3384427 (N.D.N.Y. July 11, 2018) – a quid pro quo sexual harassment case – the court denied the parties’ (including defendant’s) motion for summary judgment. This case arose from a the denial of employment of two female applicants (J.J. and A.R.) and…
Read More “Sex For Job” Text Message Supports Sexual Harassment Claim; Summary Judgment Denied