“Should I accept this settlement offer?” “What is my case worth?” I have been asked these, and similar, questions many times by my clients. They are excellent questions, and the client’s motivation for them is clear and understandable: they have been presented with an option – accept or reject a settlement offer, appeal or leave…
Read More Case Value, and Why Lawsuits Are Not Like DiamondsA recent upstate appellate decision addresses the correlation between a sexual harassment claim, on the one hand, and workers’ compensation benefits, on the other. In Shiner v. Suny at Buffalo, No. 522762, 2016 WL 6782717, (N.Y. App. Div. 3d Dept. Nov. 17, 2016), the court affirmed the Workers Compensation Board’s decision that claimant’s failure to obtain…
Read More Sexual Harassment Settlement Bars Further Workers Compensation Benefits, DeAn upstate sexual harassment lawsuit, Knapp v. General Electric Company, 16-cv-00340, has been settled (under undisclosed terms) following mandatory mediation. Plaintiff alleged, in her March 23, 2016 federal court complaint, that she was constructively discharged after she complained about sexual harassment. Specifically, plaintiff alleged (e.g.) that a supervisor left her notes such as “you look sexy…
Read More Sexual Harassment Lawsuit Against General Electric SettledIn McLeod v. Post Graduate Ctr. for Mental Health, No. 14-cv-10041, 2016 WL 6126014 (S.D.N.Y. Sept. 30, 2016), SDNY Magistrate Judge Francis issued a Report & Recommendation that the court grant defendants’ motion to enforce a post-mediation Memorandum of Understanding (MOU) settling plaintiff’s employment discrimination case pursuant to Title VII of the Civil Rights Act…
Read More “Buyer’s Remorse” Notwithstanding, Federal Court Enforces Post-Mediation Memorandum of Understanding Settling Title VII Employment Discrimination CaseNYPD Officer Ann Cardenas, indicated, in an October 20, 2016 filing, that she has settled her sexual harassment lawsuit against defendants the City of New York, Sergeant David John, and Police Officer Angel Colon. The Daily News reports that the settlement amount is $535,000, allocated as $500,000 from the City, $20,000 from John, and $15,000…
Read More Settlement of Female NYPD Officer Ann Cardenas’ Sexual Harassment LawsuitA recent decision, Smith v. JPMorgan Chase, No. 15 CIV. 808 (PAE), 2016 WL 5339548 (S.D.N.Y. Sept. 23, 2016), is instructive on the law governing settlement agreements, including those claimed to bar Title VII discrimination claims. In this case, the African American plaintiff alleged that she “was terminated after an internal investigation for a violation of…
Read More Court Holds That Settlement Agreement Was Broad Enough to Include Title VII ClaimsFox News has settled Gretchen Carlson’s sexual harassment lawsuit against former network president Roger Ailes for $20 million. DailyMail.com cites the following as a statement issued by Fox: 21st Century Fox is pleased to announce that it has settled Gretchen Carlson’s lawsuit. During her tenure at Fox News, Gretchen exhibited the highest standards of journalism and professionalism. She…
Read More Gretchen Carlson v. Roger Ailes Sexual Harassment Case Ends With $20M Settlement & ApologyHere is the August 1, 2016 EEOC consent decree, reflecting a $150,000 settlement, in the sexual harassment/hostile work environment lawsuit captioned EEOC v. Hillcrest Marshall, Inc. d/b/a Dunkin Donuts, SDNY 15-cv-07293 (you can read about the complaint here):
Read More EEOC Consent Decree Resolves Sexual Harassment Lawsuit Against Dunkin Donuts for $150,000It has been reported that Queens physical education teacher Peter Maliarakis has settled his “whistleblowing” retaliation lawsuit against the New York City Department of Education, Principal Namita Dwarka, and others. He alleges in his 2014 lawsuit (here and below), among other things, that the school administration retaliated against him after he told an Office of Special Investigation (OSI)…
Read More Grade-Changing Whistleblower Lawsuit SettledIn the case of E.E.O.C. v. Suffolk Laundry Servs., Inc., No. 12-cv-409 (E.D.N.Y.), the parties recently entered into a Consent Decree resolving the matter. (I previously wrote about this case.) The Consent Decree (here, with exhibits and below), which will remain in effect for three years from its date of entry, provides various forms of relief, including…
Read More $582k Settlement in Hostile Work Environment/Sexual Harassment Lawsuit Against Suffolk Laundry