July 2019

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From Knight First Amendment Institute at Columbia University v. Trump, 2019 WL 2932440 (2d CIr. July 9, 2019): Considering the interactive features, the speech in question is that of multiple individuals, not just the President or that of the government. When a Twitter user posts a reply to one of the President’s tweets, the message…

Read More Trump Twitter Blocking Violates the First Amendment, Second Circuit Holds
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In Howard v. Port Authority of New York & New Jersey, 2019 WL 2910684 (2d Cir. July 8, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim under Title VII of the Civil Rights Act of 1964. The court provides an instructive overview of what a plaintiff must demonstrate in order…

Read More Second Circuit Affirms Dismissal of Title VII Sex Discrimination Claim Against Port Authority
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In Wellington v. Spencer-Edwards et al, 2019 WL 2764078 (S.D.N.Y. July 1, 2019), the court, inter alia, dismissed plaintiff’s race-based employment discrimination claim. Plaintiff, who identifies as Black and Hispanic, asserts that she was fired by defendant Spencer-Edwards (who is Black and of Jamaican descent) “because she was friendly with white teachers and staff at the…

Read More Court Dismisses “Interracial Association” Race Discrimination Case
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In Taylor v. Metropolitan Transportation Authority, 18-CV-1278, 2019 WL 2766502 (S.D.N.Y. July 2, 2019), the court discussed a common discovery issue in employment discrimination cases, namely, the extent to which a plaintiff may obtain through discovery entity-wide complaints of discrimination. In this case, plaintiff asserts claims of discrimination and retaliation, and specifically that her supervisor…

Read More Court Denies Motion to Compel Discovery of Religious Discrimination Complaints, Pending Supplemental Information Relating to FRCP 26(b)(1) Proportionality
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In Favourite v. 55 Halley Street, Inc., 2019 WL 2226762 (S.D.N.Y. May 23, 2019), the court dismissed plaintiff’s claim of race discrimination under the federal Fair Housing Act (FHA). The court summarized the law as follows: Plaintiff alleges the Defendants engaged in discriminatory housing practices on the basis of race in violation of the Fair…

Read More Court Dismisses “Hostile Housing Environment” Claim Under the Fair Housing Act
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In Corso v. New York State Dept. of Corrections & Community Supervision, 2019 WL 2869573 (NDNY July 3, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Title VII does not impose “a general…

Read More Hostile Work Environment Claim Dismissed; Alleged Isolation, Hostile Comments and “Attitudes” (Etc.) Insufficient
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In Daniel v. T&M Protection Resources, LLC, 2019 WL 2754961 (2d Cir. July 2, 2019) (Summary Order), the court affirmed the lower court’s finding, after a bench trial, in defendant’s favor on plaintiff’s employment discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court summarized the law as follows: In…

Read More Hostile Work Environment Not Established; Alleged Incidents Were “Only Mild or Isolated Instances of Harassment”
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On July 4, 1776, 243 years ago today, the Declaration of Independence was ratified by Congress. This seminal document, equal if not greater in magnitude and significance to other great historical documents (e.g., the Magna Carta), represents the first formal statement by then subjects of the British Crown of the reasons for proclaiming their reasons…

Read More Happy 243rd Birthday, America
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In Borzon v. Green, et al., 18-2211 (2d Cir. July 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under Title VII of the 1964 Civil Rights ACt of 1964. Plaintiff, who is white, alleged that shortly after his hiring, defendant was hired to serve as plaintiff’s…

Read More 2nd Circuit, Citing Negative Performance Reviews, Affirms Dismissal of White Plaintiff’s Title VII Discrimination and Retaliation Claims
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In Evarts v Pyro Engineering, No. 517394, 985 N.Y.S.2d 179, 181–82, 2014 N.Y. Slip Op. 02996, 2014 WL 1698366 (N.Y.A.D. 3 Dept., May 01, 2014), the court modified a lower court’s order and reversed the grant of summary judgment in defendants’ favor on plaintiff’s negligence cause of action arising from a fireworks-related injury. Here, the…

Read More Fireworks Injury Negligence Claim Survives Summary Judgment
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