August 2024

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In Anderson v. TikTok, Inc., 2024 WL 3948248 (3d Cir. August 27, 2024), the court reversed and vacated a lower court’s decision dismissing which dismissed plaintiff’s complaint against TikTok and ByteDance, Inc. on the ground that the defendants were immunized by the Communications Decency Act (“CDA”), 47 U.S.C. § 230. The court summarized the facts…

Read More 3d Circuit Permits Lawsuit Against TikTok to Proceed; Section 230 Ruled Inapplicable
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In Schlosser v. VRHabilis, LLC, No. 23-6019, 2024 WL 3934559 (6th Cir. August 26, 2024), the court upheld a jury verdict in plaintiff’s favor on their hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Based on the evidence presented at trial, the jury could…

Read More Hostile Work Environment Sexual Harassment Jury Verdict Upheld: 6th Circuit
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In Dillingham v. Otterbein Middletown, LLC, Case No. 1:23-cv-00820, 2024 WL 3470646 (S.D.Ohio July 19, 2024), the court denied defendants’ motion to dismiss plaintiff’s claim of intentional infliction of emotional distress. From the decision: In the case at bar, defendants contend that plaintiff’s allegations do not rise to the outrageous or extreme conduct required to…

Read More Nursing Assistant’s Intentional Infliction of Emotional Distress Claim, Arising From Alleged Sexual Harassment by Patient, Survives Dismissal
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In Wright v. City of New York et al, 23 Civ. 3149 (KPF), 2024 WL 3952722 (S.D.N.Y. August 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Retaliation Claims, Arising From Conduct Following Return to In-Person Work, Sufficiently Alleged
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In Netrebko v. Metropolitan Opera Association, Inc. d/b/a The Metropolitan Opera et al, 23 Civ. 6857 (AT), 2024 WL 3925377 (S.D.N.Y. August 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. As to plaintiff’s claims asserted under the New York State Human Rights Law, the court explained: Netrebko’s firing…

Read More Opera Singer Plausibly Alleges Gender Discrimination Under the New York State and City Human Rights Laws
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In Newton v. LVMH Moet Hennessy Louis Vuitton Inc. et al, No. 23-CV-10753 (LAP), 2024 WL 3925757 (S.D.N.Y. Aug. 23, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Focusing only on allegations that occurred after July…

Read More Title VII Retaliation Claim Dismissed; Refusal to Meet About Settlement of Legal Claims Was Not “Protected Activity”
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim under the Gender Motivated Violence Protection Act, N.Y.C. Admin. Code §§ 10-1101 et seq. (“GMVPA”). The GMVPA creates a cause of action for “any person…

Read More Gender Motivated Violence Protection Act Claim Survives Against TMPL Lexington
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to compel arbitration, finding that she plausibly alleged sexual harassment under the New York City Human Rights Law, triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…

Read More Sexual Harassment Claims Sufficiently Alleged Against TMPL Lexington, Triggering Ending Forced Arbitration Act and Denial of Motion to Compel Arbitration
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In Singh v. Meetup LLC et al, 23-CV-9502 (JPO), 2024 WL 3904799 (S.D.N.Y. August 22, 2024), the court granted defendant’s motion to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not apply, since plaintiff’s allegations – while arguably constituting discrimination based on sex, did not…

Read More Sex Discrimination Allegations Did Not Plausibly Allege “Sexual Harassment”, Ending Forced Arbitration Act Not Triggered
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In Cali v. Alejandro N. Mayorkas, Secretary, Department of Homeland Security, 22-CV-942S, 2024 WL 3877393 (W.D.N.Y. August 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Isolated incidents of harassment ordinarily do…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Attempted Kiss, Survives Dismissal
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