2023

In Brown v. New York City Dept. of Educ., No. 157642/2020, 2023 WL 173201, 2023 N.Y. Slip Op. 30106(U) (N.Y. Sup Ct, New York County Jan. 12, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin discrimination claims (in part) against the NYC Dept. of Education. From the decision: With respect…

Read More National Origin Discrimination Claims Proceed Against NYC Dept. of Education
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In Zepeda v. Halftime Bar & Grill Corp., 2023 WL 266504 (E.D.N.Y. Jan. 18, 2023), a hostile work environment/sexual harassment case, the court, inter alia, awarded plaintiff $25,000 in emotional distress damages following defendants’ default. From the decision: For “garden variety” emotional distress claims, where a plaintiff did not seek medical treatment but the plaintiff’s…

Read More Sexual Harassment Plaintiff Awarded $25,000 in Emotional Distress Damages Following Defendants’ Default
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In civil litigation, the trial is the end of a long journey, beginning with the filing of a complaint, continuing through and completing discovery, and, often, motion practice. In New York state court, the filing of the Note of Issue will result in the placement of the case on the trial calendar.  Before the matter…

Read More Anatomy of a Lawsuit, Part 6: Trial
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Plaintiff has filed and served their Complaint, and the Defendant has either filed their Answer, or made a motion to dismiss which the Court has denied. At this point, we enter the most involved, costly, and time-consuming stage of litigation: Discovery (“Disclosure” in New York practice).  (If this were a cross-country road trip from New…

Read More Anatomy of a Lawsuit, Part 4: Discovery / Disclosure
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Now that the papers have been appropriately served, the ball shifts to the defendant(s), who have several options. Generally, this boils down to 3 options: (1) default; (2) submit an answer; or (3) make a motion to dismiss.  Default Where a defendant defaults – i.e., fails to submit an answer or responsive pleading , the…

Read More Anatomy of a Lawsuit, Part 3: Defendant’s Move – Default, Answer, Motion to Dismiss
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Every war begins with a first shot. In the context of litigation, that first shot is the timely filing of a complaint in an appropriate court – i.e., one that has both “subject matter jurisdiction” over the dispute and “personal jurisdiction” over the defendant(s). The one doing the filing is the “plaintiff” (who is comPLAINing…

Read More Anatomy of a Lawsuit, Part 1: The Summons & Complaint
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Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. 42 U.S.C. 2000e et seq. (emphasis added). The statute further provides that The term “religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is…

Read More What is “Religion” Within the Meaning of Title VII?
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The anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law prohibit (inter alia) discrimination based on “national origin.” See 42 U.S.C. § 2000e–2(a)(1). The regulations flesh out this aspect of Title VII as follows: The Commission defines…

Read More “National Origin” Discrimination Under Title VII Etc.
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