Author: mjpospis

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In Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…

Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate Forum
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In Milan v. Sprint Corporation, 2018 WL 1665690 (E.D.N.Y. April 6, 2018), a sexual harassment case, the court affirmed a Magistrate Judge’s Order granting plaintiff’s motion to compel discovery. Plaintiff sought, inter alia, “complaints of sexual harassment, gender discrimination, and/or retaliation against Sprint, including but not limited to complaints through the ‘Sprint’s Ethics Hotline’ and…

Read More Court Compels Discovery of Sexual Harassment Complaints in Lawsuit Against Sprint
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In Urena v. GVC Ltd., 2018 NY Slip Op 02426 (App. Div. 1st Dept. April 10, 2018) – a rear-end car accident case – the court affirmed the lower court’s decision to grant plaintiff’s motion for summary judgment judgment on the issue of liability and dismissal of all affirmative defenses and counterclaims alleging comparative fault. The First…

Read More Plaintiff Properly Awarded Summary Judgment in Hit-in-Rear Case
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In New York City Transit Authority v. Phillips, 2018 NY Slip Op 02442, 2018 WL 1719789 (N.Y. App. Div. 1st Dept. April 10, 2018), the court reversed a lower court decision and held that the arbitrator should have found that a Transit Authority employee (Aiken) subjected another (Melendez) to inappropriate and unwelcome comments of a sexual…

Read More Arbitrator Should Have Found That Transit Authority Employee Engaged in Sexual Harassment, First Department Holds
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In Bell v. Baruch College—CUNY, 16-cv-8378, 2018 WL 1274782 (S.D.N.Y. March 9, 2018), the court granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law, but denied its motion to dismiss plaintiff’s Title VII retaliation claim. In sum, plaintiff – a…

Read More Retaliation Claim, But Not Female-on-Male Sexual Harassment (Hostile Work Environment) Claim, Survives Dismissal
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In Blair v. Brooklyn Transportation Corp., 17-cv-383, 2018 WL 1581974 (E.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s gender discrimination claim. From the decision: Plaintiff’s allegations are sufficient for the Court to infer that Defendant discriminated against Plaintiff. Defendant was aware of Plaintiff’s transgender status because, when Plaintiff began…

Read More Transgender Discrimination Case Continues Against Brooklyn Transportation Corp.
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In Pozner v. Fox Broadcasting Co., 2018 NY Slip Op 30581(U), 2018 WL 1609513 (N.Y.Sup. Ct. Index 652096/2017 April 2, 2018), the court held that Fox Broadcasting stated a counterclaim for breach of contract, but not for breach of fiduciary duty, against a former executive vice president who was terminated from his employment based on…

Read More Fox Broadcasting Counterclaims Survive in Part Against Executive Terminated Due to Sexual Harassment Allegations
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In MICHELLE TULINO, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants., 2018 WL 1568970, at *3 (S.D.N.Y., 2018), the court held that neither party was entitled to summary judgment on her Equal Pay Act (federal and New York State) claims. The court explained the elements of such claims: [A] plaintiff must demonstrate that…

Read More Equal Pay Act Claims Continue; Summary Judgment Inappropriate for Plaintiff and Defendant
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From Rodriguez v. City of New York, 2018 NY Slip Op 02287 (April 3, 2018): This appeal requires us to answer a question that has perplexed courts for some time: Whether a plaintiff is entitled to partial summary judgment on the issue of a defendant’s liability, when, as here, defendant has arguably raised an issue of fact…

Read More NY Court of Appeals Holds That a Plaintiff Does Not Bear the Burden of Demonstrating Freedom From Comparative Negligence
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In Testa v. CareFusion, 2018 WL 1611378 (E.D.N.Y. April 3, 2018), the court granted defendant’s summary judgment motion on plaintiff’s federal age discrimination claim under the Age Discrimination in Employment Act (ADEA). From the decision: The only evidence upon which plaintiff relies are alleged stray remarks made by Stuckert [the person to whom plaintiff directly…

Read More Age Discrimination Claim Dismissed Against CareFusion; Comments Were “Stray Remarks”
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