Author: mjpospis

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In a recent Summary Order the Second Circuit, in Dowrich-Weeks v. Cooper Sq. Realty, affirmed the dismissal of plaintiff-appellant’s discrimination, constructive discharge, and hostile work environment claims.  This case illustrates, by negative example, what an employment discrimination plaintiff must allege to survive a motion to dismiss. Discrimination – No “Adverse Action” The court found that plaintiff…

Read More Second Circuit Affirms Dismissal of Discrimination, Constructive Discharge, and Hostile Work Environment Claims
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The New York Vehicle and Traffic Law (VTL) imposes monetary penalties and driver violation points for using a cell phone to talk or text while driving. More information is available here. The two relevant statutes are VTL § 1225-c and VTL § 1225-d.  Using a Mobile Telephone to Engage in a Call VTL § 1225-c(2)(a) provides:  “[N]o person shall…

Read More New York’s Cell Phone Driving Laws and Rules
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A recent case, Antolino v. Distribution Management Consolidators Worldwide, illustrates the breadth of the New York Labor Law when it comes to protecting employees who are subjected to retaliation for alleging the failure to pay wages.   There, the court denied defendant’s motion to dismiss under CPLR 3211(a)(7), and held that the plaintiff (defendant’s senior vice…

Read More Plaintiff Sufficiently Alleged Retaliation For Opposing Employer’s Deprivation of Wages
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An upstate trial court recently held, in King v. Cornell University, that defendant Cornell University was not entitled to summary judgment in a lawsuit brought by the parents of an intoxicated student (Khalil Jamal Godfrey King) who died after falling from a 200-foot tall cliff into the Fall Creek gorge on Cornell’s campus. The (tragic) facts,…

Read More Lawsuit Against Cornell Can Continue; Drunk Student Was Not “Hiking” When He Fell Off Cliff
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Here and below is the letter recently filed by the attorney for plaintiffs Victoria Burhans and Chloe Rivera in their sexual harassment lawsuit against Vito Lopez and Sheldon Silver.  It responds to Silver’s letter in which he outlines his proposed motion to dismiss the case. As to their Section 1983 claims, plaintiffs contend, in part: Silver contends that plaintiffs’…

Read More Plaintiffs Submit Further Details and Argument Supporting Claims Against Sheldon Silver in Vito Lopez Sexual Harassment Case
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In Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…

Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation Claims
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Last week an upstate trial court granted petitioner’s request to undo his termination for drinking on the job.  The decision is Peterson v. City of Poughkeepsie. Petitioner Carleton Peterson was employed by the City of Poughkeepsie as a Street Supervisor.  On Christmas Eve 2009, while working his shift from 7:30 a.m. until 4:00 p.m., petitioner was…

Read More Court Rules That Termination for Drinking at Work Was Too Harsh a Penalty
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The Second Circuit, in Isabella v. Koubek, recently certified a question to the New York Court of Appeals involving an apparent conflict between two statutes: Section 29(6) of New York’s Workers’ Compensation Law, which provides that workers’ compensation is the exclusive remedy of an employee injured by his co-employee’s negligence, and Section 388 of New…

Read More When Cars, and Laws, Collide
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In St. Jean v. Orient-Express Hotels, decided August 7, 2013, the Southern District of New York explained when an entity that is not the plaintiff’s “direct” employer is nevertheless liable for violations of Title VII of the Civil Rights Act of 1964. The court held that plaintiff adequately alleged that the defendant, while not her…

Read More Recent Decision Clarifies “Joint” and “Single” Employer Liability
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