In Roberta Campbell v. Mark Hotel Sponsor, 09-cv-9644 – a breach of contract case – Judge Pauley slashed the legal fees and costs sought by attorney-for-the-winner Kramer Levin Naftalis & Frankel LLP from more than $3 million to a “mere” $475,000. The relatively short opinion reinforces the need for counsel to exercise “billing judgment” and…
Read More SDNY Judge Awards Fraction of Fees Sought by Kramer LevinIn a recent release, the U.S. Equal Employment Opportunity Commission highlights the increase in employment discrimination claims brought by members of the Muslim, Sikh, Arab, Middle Eastern and South Asian communities in the aftermath of the 9/11 terrorist attacks. Especially in these difficult times, it is important to ensure that everyone is protected by the…
Read More EEOC Weighs in on Discrimination and Harassment of Muslim, Sikh, Arab, Middle Eastern and South Asian EmployeesIn Noel v. New York State Off. of Mental Health Cent. New York Psychiatric Ctr., 10-3483-CV, 2012 WL 3764527 [2d Cir. Aug. 31, 2012], the Second Circuit held that back pay and front pay awards under Title VII of the Civil Rights Act of 1964 are “wages” subject to mandatory tax withholding. From the Court’s…
Read More Second Circuit Holds That Title VII Back and Front Pay Awards Are “Wages” Subject to Tax WithholdingYesterday, in Ross v. Lichtenfeld et al., the Second Circuit (WALKER, Leval, Pooler) held that a government clerk’s claim of First Amendment retaliation should have been dismissed, because she was speaking pursuant to her official duties. The Court applied the rule of Garcetti v. Ceballos, 547 U.S. 410 (2006), that “when public employees make statements…
Read More Second Circuit Dismisses First Amendment Retaliation ClaimIn Williams v. Holder, the Northern District of New York recently dismissed plaintiff’s claim, brought under Section 1983 and Bivens, that he was denied meaningful access to the courts because the prison’s law library did not contain sufficient legal materials and he was not provided with adequate legal assistance. The court summarized the law in…
Read More Court Denies Claim of Inadequate Access to Courts Based on Insufficient Law Library Materials and AssistanceIn Allen v. Rivera, a rear-end collision case, the trial court found that summary judgment was not appropriate as to (1) liability and (2) the “serious injury” threshold. A car driven by Allen, the plaintiff, was struck from behind by a car driven by Rivera. 1. Liability – Rear-End Collision The court began by stating…
Read More Summary Judgment Denied As To (1) Liability and (2) Serious Injury In Rear-End Collision CaseAccording to recent reports, nude body-paint model Zoe West has settled her false arrest claims against New York City for $15,000. West was arrested (see picture) in August 2011 as artist Andy Golub applied paint to her naked body in Times Square. Her complaint (below) alleged that her arrest was unlawful because public nudity is…
Read More Nude Model Zoe West Settles False Arrest Claims Against NYCWhile the facts and details surrounding Friday’s tragic Empire State Building shooting have yet to be fully developed, the reports thus far indicate that several (as many as nine) bystanders were wounded by police bullets. This raises the question of what, if any, liability will be imposed on the City of New York and/or the…
Read More Liability Where Bystanders Shot By Police?In Brathwaite v. Frankel (decided August 21, 2012), the Appellate Division, First Department unanimously reversed a lower court’s dismissal of plaintiffs’ disability discrimination claims under the New York City Human Rights Law. First, the court held that the trial court improperly treated defendants’ motion, brought under CPLR 3211(a)(7) and (10), as one for summary judgment because it…
Read More First Department Holds That Plaintiffs Adequately Pleaded Disability Discrimination Claim Under the NYC City Human Rights LawIn Donnelly v. Greenburgh Central School Dist. (2d Cir. Aug. 10, 2012), plaintiff, a former high school teacher, alleged that his employer unlawfully denied him tenure in retaliation for taking protected leave pursuant to the Family and Medical Leave Act (“FMLA”). Plaintiff received negative reviews and was denied tenure shortly after he took medical leave…
Read More Second Circuit Reverses FMLA Decision Against High School Teacher