In a January 3, 2022 Order in Elden v. Nirvana, L.L.C. et al, C.D. Cal., No. CV 21-6836, a California federal court dismissed plaintiff Spencer Elden’s lawsuit against Nirvana L.L.C. et al. In this lawsuit, plaintiff – whose image (as a baby) appears on Nirvana’s 1991 “Nevermind” album – alleged, inter alia, that he was…Read More Oh Well, Whatever, Nevermind: Baby Model’s Lawsuit Against Nirvana (Temporarily) Ends With a Whimper
New York Governor Hochul has recently approved three pieces of legislation, specifically, relating to (1) admissibility of certain statements under the “hearsay” rule; (2) remote notarization; and (3) insurance disclosures. Hearsay. First, S7093/A8040 (Hoylman/Dinowitz) amends the rules of evidence to permit the admission of an opposing party’s statement if made by an agent or employee made within…Read More New Laws Re: Hearsay, Remote Notarization, & Insurance Disclosure
In Honey v. Dover Downs, Inc., No. C.A. No. 19-1646-TMH, 2021 WL 6197082 (D.Del. Dec. 9, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the five elements that a plaintiff must prove in order to establish a hostile work environment claim…Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Alleged Conduct Included Bodily Contact and Vulgar Comments
In Brooks v. Prevention Point, No. 20-06379, 2021 WL 6125205 (E.D.Pa. Dec. 28, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim. (The court did, however, hold that plaintiff sufficiently alleged a “disparate treatment” race discrimination claims.) From the decision: Courts have dismissed hostile work environment claims where there is single, non-severe incident.…Read More Race-Based Hostile Work Environment Claims Dismissed; Alleged “Badgering” Insufficient
In Brooks v. Prevention Point, No. 20-06379, 2021 WL 6125205 (E.D.Pa. Dec. 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged his claims of race discrimination. The court explained that, in order to make out a prima facie case of discrimination, plaintiff was required to show four elements, namely, that he “(1) is…Read More Race Discrimination Claims Plausibly Alleged; Allegations Included Singling Out Etc.