Author: mjpospis

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In Winklevoss v. Steinberg, 2019 NY Slip Op 02419 (App. Div. 1st Dept. March 28, 2019), the court unanimously affirmed the dismissal of plaintiffs’ defamation claim. The court based its decision on the plaintiffs’ status (public figures) and their failure to prove “actual malice”, the applicable standard under these circumstances. As to their status, the…

Read More Winklevoss Twins’ Defamation Claim Dismissed; Actual Malice Not Shown
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In Alexander Guerrero Toro v. Northstar Demolition & Remediation, 2019 WL 1396751 (W.D.N.Y. March 28, 2019), the court, inter alia, dismissed plaintiff’s claim of a disability-based hostile work environment claim. From the decision: Plaintiff testified that he was subject to workplace harassment because he was assigned to jobs he could not complete, his supervisors wanted…

Read More Asbestos Handler’s Disability-Based Hostile Work Environment Claim Dismissed
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A recent decision, Petrisko v Animal Medical Center, No. 151573/2018, 2019 NY Slip Op 30679(U), 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), highlights important features of New York defamation law – such as when alleged defamatory statements are non-actionable opinion, and the specificity with which such claims must be alleged.…

Read More Defamation Claim Dismissed; Alleged Defamatory Statements Were Non-Actionable Opinion, and Allegations Were Insufficiently Specific as to Time
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In Burgos v. City of New York, 2019 WL 1299461, at *10–11 (S.D.N.Y., 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – though it did dismiss his claims of discrimination based on his race (Hispanic) and religion (Islam). The court held that plaintiff sufficiently alleged the existence of one or…

Read More Sanitation Worker’s Title VII Retaliation Claim Survives Dismissal Against the City of New York
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In a recent decision, Lovell v. Consolidated Edison Company of New York, 2019 WL 1311128 (2d Cir. March 22, 2019) (Summary Order), the court held that the plaintiff lacked standing to pursue a federal claim of employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The court provides a summary of the…

Read More 2d Circuit: Plaintiff Lacked Standing to Pursue USERRA Claim
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Last year, New York enacted several pieces of legislation that enhance protections for sexual harassment victims. One such provision, codified in CPLR 7515, prohibits (with certain exceptions) mandatory arbitration of sexual harassment claims. The law provides, in full: (a) Definitions. As used in this section: 1. The term “employer” shall have the same meaning as…

Read More New York Law Prohibiting Mandatory Arbitration in Sexual Harassment Cases
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It is not uncommon for a legal claim to be resolved by settlement. In such cases, the settlement will in all likelihood be memorialized in a settlement agreement which – in addition to setting out the basics of the agreement (i.e., a release of claims in exchange for monetary compensation) – will include additional provisions.…

Read More New York Law Limiting Use of Nondisclosure Agreements in Sexual Harassment Cases
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A (relatively) recent (April 12, 2018) New York State law, Executive Law §  296-d, explicitly prohibits sexual harassment directed at non-employees. The law provides: It shall be an unlawful discriminatory practice for an employer to permit sexual harassment of non-employees in its workplace. An employer may be held liable to a non-employee who is a…

Read More New York Law Prohibiting Sexual Harassment Relating to Non-Employees
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In Appleton v City of New York, No. 157849/2017, 2019 WL 1206347, at *8 (N.Y. Sup Ct, New York County Mar. 14, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim for failure to state a claim. The court summarized the relevant law: With respect to plaintiff’s hostile work environment claims, “[i]n order…

Read More Hostile Work Environment Claim Dismissed; Belittling, Shouting, Demeaning etc. Conduct Amounted to “Minor Annoyances”
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In Constance Felice, appellant, v Metropolitan Diagnostic Imaging Group, LLC, et al., respondents, et al., defendant., No. 2016/10529 (Index No. 4471/11), 2019 WL 1272557 (N.Y.A.D. 2 Dept., Mar. 20, 2019) – an employment discrimination, sexual harassment, and retaliation case – the court precluded plaintiff from using at trial certain audio files that were the subject…

Read More Audio Files, Not Produced, Precluded in Sexual Harassment Case
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