Author: mjpospis

by

In Doe v. Solera Capital LLC, 18-cv-1769, 2019 WL 1437520 (S.D.N.Y. March 31, 2019) – in which plaintiff alleges employment discrimination and a hostile work environment on the basis of race and plaintiff’s status of a survivor of domestic violence, retaliation, and failure to pay overtime – the court, inter alia, dismissed defendant’s counterclaim alleging…

Read More “Faithless Servant” Counterclaim Dismissed; Alleged Wrongdoing Insufficient
Share This:
by

In D’Andrea v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security, 2019 WL 1503923 (2d Cir. April 5, 2019) (Summary Order), the Second Circuit – after affirming the dismissal of plaintiff’s retaliation claim – turned to plaintiff’s hostile work environment claim. The court understood plaintiff “to argue that DHS created a hostile work environment in…

Read More 2d Circuit Remands Hostile Work Environment Question to District Court
Share This:
by

In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…

Read More Court Remits Punitive Damages Award, from $500,000 to $250,000, in Sexual Harassment/Retaliation Case Against Columbia University
Share This:
by

In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…

Read More Court Remits $750,000 Award for Emotional Distress Damages in Retaliation/Sexual Harassment Case Against Columbia University
Share This:
by

In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court denied defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim, but granted its motion for remittitur as to the jury’s damage awards for compensatory/emotional distress damages and punitive damages.…

Read More Jury Verdict of Retaliation for Complaints of Sexual Harassment Against Columbia University Professor Upheld
Share This:
by

In a recent decision, Feldesman v. Interstate Hotels LLC, 16-cv-9352, 2019 WL 1437576 (S.D.N.Y. March 31, 2019), the court, inter alia, explained that, under the circumstances, so-called “sex neutral” events contributed to plaintiff’s actionable hostile work environment claim. From the decision: Interstate also asserts that the evidence establishes that struggles about money, authority, and bar…

Read More Court Finds “Sex Neutral” Events Contributed to Actionable Hostile Work Environment Against Hotel Employer
Share This:
by

In Nixon v. TWC Administration LLC, 16-cv-6456, 2019 WL 1428348 (SDNY March 29, 2019), the court, inter alia, dismissed plaintiff’s age discrimination (wrongful termination) claim under the Age Discrimination in Employment Act of 1967 (ADEA). Plaintiff conceded that she violated several of defendant’s policies, but claimed that her termination based on such violations was a…

Read More Age Discrimination Claim Dismissed; “Dinosaur” and Other Comments Lacked Sufficient Nexus to Termination
Share This:
by

In Caserta v Triborough Bridge and Tunnel Authority, No. 157983/2015, 2019 WL 1003772 (N.Y. Sup Ct, New York County Feb. 26, 2019), a personal injury case, the court stated and applied the general rule regarding discovery of a plaintiff’s social media postings. Here is the court’s summary of the general rule: Social media information is…

Read More Court Permits Limited Social Media Discovery in Personal Injury Case
Share This:
by

In Rea v. New York State Dept. of Transportation, 2019 WL 1409977 (N.D.N.Y. March 28, 2019), the court granted defendant’s motion to dismiss plaintiff’s Age Discrimination in Employment Act (ADEA). In sum, the court held that the DOT may not be sued in federal court, in light of the Eleventh Amendment: The DOT is an…

Read More Age Discrimination Claim (ADEA) Against NYS Dept. of Transportation Dismissed on Eleventh Amendment Grounds
Share This: