Author: mjpospis

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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In Orellana v. Macy’s Retail Holdings, Inc., 2016 Slip Op 31206(U) (Sup. Ct. N.Y. Cty. June 27, 2016), the court preliminarily enjoined Macy’s “from demanding payment of civil penalties from individuals suspected of shoplifting while they are in Macy’s custody.” This case addresses the intersection between two sections of New York law: General Business Law §…

Read More Court Preliminarily Enjoins Macy’s From Demanding Payments From Suspected Shoplifters During Detention
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In Abboud v. Pawelec, 2016 NY Slip Op 05448 (App. Div. 1st Dept. July 7, 2016), a personal injury/car accident case, the court unanimously affirmed summary judgment for plaintiff. The court explained: Plaintiff established her entitlement to judgment as a matter of law on the issue of liability, in this action where plaintiff’s vehicle collided with the…

Read More Negligent Left Turn Results in Summary Judgment for Car Accident Plaintiff
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In Domenech v. New York City Employees’ Ret. Sys., No. 15CV2521ILGPK, 2016 WL 2644892, at *5 (E.D.N.Y. May 9, 2016), the court held that plaintiff failed to salt are a disability discrimination claim. From the decision: The plaintiff alleges that the transfer from one unit to another caused her to develop severe anxiety. She asserts that…

Read More Job-Related Stress Failed to Give Rise to Disability Discrimination Claim
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A recent Manhattan federal lawsuit, An v. City of New York, SDNY 16-cv-05381, challeng[es] the constitutionality of the New York City Police Department’s [] widespread practice and custom of interfering with and deterring the exercise of the First Amendment right of individuals to film, photograph, videotape, or otherwise record[] NYPD officers performing their official duties in public…

Read More First Amendment Lawsuit Challenges NYPD Retaliation for Recording Officers
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In a complaint filed in New Jersey state court on July 6, 2016, Plaintiff Gretchen Carlson, a former Fox News Channel host, alleges that Fox Chairman/CEO Roger Ailes “unlawfully retaliated against Carlson and sabotaged her career because she refused his sexual advances and complained about severe and pervasive harassment”, in violation of the New York City Human…

Read More Sexual Harassment Lawsuit by Fox News Host Gretchen Carlson Against Roger Ailes
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In Staten v. City of New York, No. 15-2611, 2016 WL 3569906 (2d Cir. June 30, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s hostile work environment claim. This case illustrates the importance of context – specifically, the nature of the plaintiff’s job – in evaluating hostile work environment claims. From the…

Read More No Hostile Work Environment Claim Stated by Police Officer Based on Receipt of “Dangerous Orders”
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In a recently-filed Manhattan federal lawsuit, captioned Kadir-Tahir v. Kateri Residence/Arch Care et al (SDNY 16-cv-05094), plaintiff asserts claims of sex discrimination and sexual harassment and retaliation by defendants, in violation of Title VII, the NY State Human Rights Law, and the NYC Human Rights Law. The lawsuit is supported by an EEOC finding in…

Read More Sexual Harassment/Retaliation Lawsuit, Based on EEOC Finding of “Disparate Discipline”, Against Kateri Residence/Arch Care
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In Brothers. v. 574 9th Ave. Rest. Corp., No. 1458, 2016 WL 3341787 (N.Y. App. Div. 1st Dept. June 16, 2016), a slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. From the decision: The testimony of defendant bar proprietor that he personally inspected the bathrooms and areas outside the bathrooms, just…

Read More Slip/Trip and Fall on Water/Debris Case Survives Summary Judgment
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