Author: mjpospis
Foot-Cut Premises Liability Suit Continues Against Standard Hotel
In Pronk v. Standard Hotel, 2018 NY Slip Op 00903 (App. Div. 1st Dept. Feb. 8, 2018), the court affirmed the denial of defendants’ motion for summary judgment. In this personal injury / premises liability case, plaintiff sued after he cut his left foot on a glass candleholder while entering a spa pool in Le…
Read More Foot-Cut Premises Liability Suit Continues Against Standard HotelFather’s ADA Claim, Alleging Discrimination by Association With Suicidal Daughter, Jury Verdict Upheld
In Reiter v. Maxi-Aids, Inc., 14-cv-3712, 2018 WL 557864 (E.D.N.Y. Jan. 19, 2018), the court, inter alia, upheld a jury’s determination that plaintiff was subject to “associational discrimination” under the Americans with Disabilities Act (ADA). In sum, defendant’s principal (Zaretsky) terminated plaintiff shortly after plaintiff advised Zaretsky about an issue concerning his daughter, Bailey, who…
Read More Father’s ADA Claim, Alleging Discrimination by Association With Suicidal Daughter, Jury Verdict UpheldSexual Orientation Discrimination & Retaliation Claims Not Barred By Adverse 3020-a Hearing Determination
In Giove v. City of New York, 15-cv-2998, 2018 WL 736008 (E.D.N.Y. Feb. 5, 2018), the court addressed whether sexual orientation discrimination and retaliation claims brought by a teacher were barred by collateral estoppel due to a prior finding at a hearing pursuant to NY Education Law § 3020-a. Under the facts of this case, the…
Read More Sexual Orientation Discrimination & Retaliation Claims Not Barred By Adverse 3020-a Hearing DeterminationCiting “Stray Remarks” Doctrine, Court Dismisses National Origin Discrimination Case Based on “Haitian Voodoo” Comment
In Picault v. World Business Lenders, 16-cv-3682, 2018 WL 748975 (S.D.N.Y. Feb. 7, 2018) (J. Oetken), the Southern District of New York dismissed plaintiff’s (a Haitian-American man) national origin discrimination lawsuit. The court explained that a discrimination plaintiff “must satisfy his initial burden by showing (1) that he belonged to a protected class; (2) that…
Read More Citing “Stray Remarks” Doctrine, Court Dismisses National Origin Discrimination Case Based on “Haitian Voodoo” CommentSex Discrimination Cases Are More Likely to Settle Under Female Judges, Study Finds
A recent study (summary here, abstract here) indicates that plaintiffs bringing sex discrimination cases fare better when a female judge is assigned to the case. The summary lists the following “key findings”: Whenever a female judge is assigned to the case, plaintiffs are 6.7 percentage points more likely to settle and 7.1 percentage points more…
Read More Sex Discrimination Cases Are More Likely to Settle Under Female Judges, Study FindsRetaliation Claim Sufficiently Alleged, Based on “Very Close” Temporal Proximity Between Protected Activity & Adverse Action
In Pertillar v. AAA Western and Central New York, 16-238, 2018 WL 583115 (N.D.N.Y. Jan. 26, 2018), the court dismissed plaintiff’s race discrimination and hostile work environment claims, but held that plaintiff sufficiently alleged retaliation. The court summarized the requirements for pleading retaliation: A plaintiff claiming retaliation under Title VII [of the Civil Rights Act…
Read More Retaliation Claim Sufficiently Alleged, Based on “Very Close” Temporal Proximity Between Protected Activity & Adverse ActionTeacher States Age/Race Discrimination and Retaliation Claims Under the NYCHRL
In Canty v. The Dept. of Educ. of the City of New York (Sup. Ct. Kings Cty. 500257/2015 Feb. 1, 2018), the court held, inter alia, that plaintiff – a 61 year-old, African teacher – stated a cause of action for retaliation and discrimination under the NYC Human Rights Law. In sum, the court held that…
Read More Teacher States Age/Race Discrimination and Retaliation Claims Under the NYCHRLRetaliation Claim Survives Summary Judgment
From French v. County of Erie, 2018 WL 647470, at *1 (W.D.N.Y., 2018): It is undisputed that the defendants met their burden of production of legitimate, non-retaliatory reasons for plaintiff French’s termination under the McDonnell Douglas burden-shifting framework. See Bucalo v. Shelter Island Union Free Sch. Dist., 691 F.3d 119, 130 n.6 (2d Cir. 2012) (citing…
Read More Retaliation Claim Survives Summary JudgmentSCOTUS Interprets Statute Relating to Timeframe For Refiling State Law Claims (Including For Employment Discrimination) When Federal Court Dismisses Them
In Artis v. District of Columbia, 2018 WL 491524 (U.S. Sup. Ct. Jan. 22, 2018), the U.S. Supreme Court interpreted a federal statute, 28 U.S.C. § 1367(d), which provides the timeframe for when state claims must be re-filed in state court after their dismissal from a federal action. In many cases, particularly employment discrimination cases,…
Read More SCOTUS Interprets Statute Relating to Timeframe For Refiling State Law Claims (Including For Employment Discrimination) When Federal Court Dismisses Them