Author: mjpospis

In Burgess v. Alamo Drafthouse et al, No. CV 25-02640 (AHA), 2026 WL 1070905 (D.D.C. Apr. 20, 2026), the court held that plaintiff failed to state a claim for age or race discrimination respectively under the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Age, Race Discrimination Claims Dismissed Against Alamo Drafthouse
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In Claybrook v. Freightliner of Arizona, LLC et al, No. 3:25-CV-00633, 2026 WL 1195852 (M.D. Tenn. May 1, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To succeed on a hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Racial Harassment Allegations Deemed Pertinent to Pervasiveness
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In Terrell v. UVA Health System, No. 3:26-CV-00036, 2026 WL 1122379 (W.D. Va. Apr. 24, 2026), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). From the…

Read More Sex/Age/Disability-Based Hostile Work Environment Claims Dismissed; Criticism of Performance Insufficient
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In Rivkind v. Oracle America, Inc., No. CV 25-172, 2026 WL 1082138 (E.D. Pa. Apr. 21, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Count III asserts a sex-based hostile work environment claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Allegations of Being “Targeted” and “Belittled” Insufficient
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In Slmonsen v. KSH Aviation LLC, No. 25-CV-00266 (MMG), 2026 WL 880383 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To survive a motion to dismiss under Rule 12(b)(6), a complaint must plead…

Read More Title VII Discrimination, Unpaid Wage, and Breach of Contract Claims Survive Dismissal
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In Osei v. The Bookdale Hospital Medical Center et al, No. 25-CV-3893 (NGG) (JRC), 2026 WL 1133246 (E.D.N.Y. Apr. 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based discrimination claim asserted  under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the…

Read More Title Religion-Based Discrimination Claim Sufficiently Alleged Against Brookdale Hospital Medical Center
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In Ashleigh, Theophania v. The Mount Sinai Hospital, 2026 WL 1133711 (S.D.N.Y. April 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim asserted under 42 U.S.C. § 1981. From the decision: Constructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an…

Read More Race-Based Constructive Discharge Claim Sufficiently Alleged
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In McFarlane v. Community Health Center of Richmond, Inc., No. 25-CV-00410 (NCM) (RML), 2025 WL 3625900 (E.D.N.Y. Dec. 15, 2025), the court denied defendant’s motion for reconsideration of the portion of the court’s December 15, 2025 Order denying defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of…

Read More Title VII Retaliation Claim Sufficiently Alleged; Motion for Reconsideration Denied
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In a recent case, Jane Doe v. Leon Black, No. 23-CV-6418 (JGLC), 2026 WL 1102540 (S.D.N.Y. Apr. 23, 2026), a case arising under the New York City Victims of Gender-Motivated Violence Protection Law, the court considered and imposed sanctions against plaintiff and her counsel. Among other things, the court found that plaintiff’s counsel “lied repeatedly…

Read More Deletion of Twitter Account Gives Rise to Spoliation Sanctions in Lawsuit Against Leon Black
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In Caicedo v. BTB 27th Inc., No. 150299/2019, 2026 WL 1047065 (N.Y. Sup. Ct. Apr. 16, 2026), the court, upon defendant’s default, assessed the damages sought by plaintiff on her claims of sexual harassment and race-based harassment, and awarded plaintiff $150,000 in compensatory/emotional distress damages, and $250,000 in punitive damages, under the New York City…

Read More Sexual Harassment, Race-Based Harassment Victim Awarded $150,000 Emotional Distress, $250,000 Punitive Damages, to Plaintiff on Defendant’s Default
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