Here is the federal court complaint recently filed by former UBS intern Samantha Lambui against UBS, James Collins, and others. She alleges, among other things, that Collins made unwelcome advances, including offering a designer handbag in exchange for sex and trying to kiss her.
Read More Intern’s Sexual Harassment Lawsuit Against UBSIn Johnson v. City University of New York, decided Sept. 8, 2014, the Southern District of New York once again clarified that Title VII of the Civil Rights Act of 1964 does not prohibit bullying and harassment that is unconnected with legally-protected characteristics. The court’s first paragraph summarizes the law nicely: Bullying and harassment have no…
Read More “Bullying” and “Harassment” Unconnected to Membership in a Protected Class Not Actionable Under Title VIIIn Delaney v. Bank of America et al. (decided 9/5/14), the Second Circuit affirmed the district court’s decision granting defendant summary judgment on plaintiff’s age discrimination and breach of contract claims. Age Discrimination As to plaintiff’s age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA), the court rejected plaintiff’s reliance on another…
Read More Second Circuit Affirms Dismissal of Age Discrimination and Breach of Contract ClaimsIn Ortiz v. New York City Housing Authority, decided Sept. 11, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. In this personal injury slip/trip-and-fall case, plaintiff sued after she was injured after falling on ice on the sidewalk adjacent to defendant’s residential building. In finding that the trial…
Read More Plaintiff Overcomes Summary Judgment in Ice Trip/Fall CaseHere is the complaint recently filed by Mets executive Leigh Castergine against Sterling Mets Front Office LLC and Chief Operating Officer Jeffrey Wilpon. Plaintiff alleges that she was discriminated against by Wilpon because she had a child without being married (a practice Wilpon was “morally opposed to”), and then fired for complaining about discrimination.
Read More Mets Executive Alleges She Was Fired For Out-of-Wedlock PregnancyIn Brown v. Mackiewicz (decided September 10, 2014), the Appellate Division, Second Department reversed the denial of plaintiff’s motion for summary judgment, and ordered that plaintiff’s motion for summary judgment on liability be granted. Translation: plaintiff wins (at least on the issue of liability). In this car accident personal injury case, the plaintiff was a…
Read More Pedestrian Struck By Ambulance in Crosswalk Wins Summary Judgment on LiabilityHere’s yet another reason not to engage in sexual activity with subordinates. In Scholem v. Acadia Realty Ltd. Partnership (decided August 7, 2014), the court held that an employer established, as a matter of law, that it fired plaintiff (its former Senior Vice President-Director of Property Management) for “cause” after he engaged in sexual relations with…
Read More Sex With Assistant Results in Termination for “Cause” and Denial of Severance BenefitsAccording to various reports (for example, from Buzzfeed and Time), dating company start-up Tinder and its parent company recently settled a sexual harassment lawsuit filed by co-founder Whitney Wolfe. In her California state court complaint filed earlier this year, Ms. Wolfe alleged (for example) that the conduct of Tinder’s senior executives “represent[ed] the worst of the misogynist,…
Read More Tinder Settles Sexual Harassment LawsuitIn Pittman v. Incorporated Village of Hempstead, the Eastern District of New York held that plaintiff’s excessive force claim survived summary judgment. The “Fourth Amendment protects individuals from the government’s use of excessive force when detaining or arresting individuals. … A police officer’s use of force is excessive in violation of the Fourth Amendment[] if it…
Read More Injury to Arrestee’s Head and Ear Results in Denial of Summary Judgment to Officer on Excessive Force ClaimIn Hefti v. Brand Union, Inc. (a wrongful termination lawsuit), decided July 2, 2014, the New York Supreme Court denied defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim. Plaintiff alleged that she was subjected to discrimination based on her disability (clinical depression and bipolar disorder), including by forcing her to disclosing personal…
Read More Court Rejects Defendant’s Reliance on “After-Acquired Evidence” Doctrine