Author: mjpospis

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In Generoso v Miller’s Ale House, No. 100655/16, 2019-03816, 2020 N.Y. Slip Op. 03897, 2020 WL 3980724 (N.Y.A.D. 2 Dept., July 15, 2020), the court denied defendant’s motion for summary judgment. The court summarized the well-known applicable legal standard: A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of…

Read More Slip/Fall Personal Injury Case Survives Summary Judgment; Warning Sign Related Only to Duty to Warn
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In Peddy v. L’Oreal USA, Inc., 18-cv-7499, 2020 WL 4003587 (S.D.N.Y. July 15, 2020), the court, inter alia, dismissed (on summary judgment) plaintiff’s claim of retaliation asserted under the Age Discrimination in Employment Act. While the court ultimately based its decision on the fact that plaintiff failed to establish the element of “causation” as part…

Read More Retaliation Claim Dismissed; Court Discusses What Constitutes “Protected Activity”
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In Murphy v. Citigroup Global Markets et al, No. 1182 5, 2020 WL 4005846 (N.Y.A.D. 1 Dept., July 16, 2020), the First Department unanimously affirmed the dismissal, on res judicata grounds, of plaintiff’s employment discrimination claims. The court wrote: The discrimination claims which plaintiff seeks to assert in the first two causes of action of…

Read More Employment Discrimination Claims Properly Dismissed on Res Judicata Grounds in Light of Arbitration
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In Turner v. Sheppard Grain Enterprises, LLC, No. 652509/2019, 2020 WL 3432946 (N.Y. Sup Ct, New York County June 23, 2020), the court dismissed plaintiff’s “Freelance Isn’t Free Act” claim because the work done was not sufficiently connected to New York City. From the decision: Because the law provides no guidance on how to assess…

Read More “Freelance Isn’t Free Act” Claim Dismissed on Geographic Grounds
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From Basora-Jacobs v. Palevsky, 2020 WL 3868710 (E.D.N.Y. July 9, 2020): [Plaintiff’s] complaint does not state sufficient facts to support a Title VII claim against Plaintiff’s employer. “A plaintiff asserting a Title VII discrimination claim must allege facts showing that “(1) the employer took adverse action against h[er] and (2) h[er] race, color, religion, sex…

Read More Title VII Discrimination Complaint Dismissed; No Facts Alleged to Suggest That Termination or Retaliation Was Done For Discriminatory Reason
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In Hernandez v. Premium Merchant Funding One, LLC et al, 2020 WL 3962108 (S.D.N.Y. July 13, 2020), 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. While the court found that certain “despicable if true” actions were…

Read More Sexual Harassment / Hostile Work Environment (Title VII) Claim Survives Dismissal; Some Alleged Conduct Not “Pervasive” But Alleged Touching/Grabbing Was “Severe”
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In Mauro v. New York City Department of Education et al, 2020 WL 3869206 (S.D.N.Y. July 9, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation dismissing plaintiff’s hostile work environment claim asserted against the New York City Department of Education under Title VII of the Civil Rights Act of 1964, the…

Read More Race-Based Hostile Work Environment Claim Against NYC Department of Education Dismissed; “Not a Good Fit” Comment Notwithstanding
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In Kuehl v. City of New York, No. 151282/2018, 2020 WL 3578442 (N.Y. Sup Ct, New York County July 01, 2020), the court, inter alia, dismissed plaintiff’s age-based constructive claim. From the decision: To state a claim for constructive discharge, plaintiff must allege facts showing that defendant ‘deliberately created working conditions so intolerable, difficult or unpleasant…

Read More Age-Related Constructive Discharge Claim Dismissed; “Walter White”/Breaking Bad Reference Cited
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In Our Lady of Guadalupe School v. Morrissey-Berru, 2020 WL 3808420 (U.S. July 8, 2020), the U.S. Supreme Court expanded the so-called “ministerial exception” to employment discrimination claims. From the decision: In the cases now before us, we consider employment discrimination claims brought by two elementary school teachers at Catholic schools whose teaching responsibilities are…

Read More SCOTUS Expands “Ministerial Exception” to Employment Discrimination Claims
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In DeMuth v. United States Small Business Administration, 2020 WL 3721115 (2d Cir. July 7, 2020) (Summary Order), the Second Circuit affirmed the district court’s dismissal (on summary judgment) of plaintiff’s gender discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court concisely summarized the well-established legal framework for evaluating…

Read More 2d Circuit Affirms Dismissal of Title VII Gender Discrimination Claim; Pretext Not Shown
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