In Carroll v. County of Monroe (2d Cir. 12-975-cv, March 12, 2013), the Second Circuit affirmed the denial of plaintiff’s motion to set aside a jury verdict (or alternatively, for a new trial) after a jury found that plaintiff failed to prove her claim (brought under 42 U.S.C. § 1983) that the shooting of her…
Read More 2nd Circuit: Police Not Liable For Killing of Dog During Execution of No-Knock WarrantWinfield v. Trottier, 11-4404 (2nd Cir. March 6, 2013) (JACOBS, Pooler, Hall): Plaintiffs sued a Vermont state trooper under 42 U.S.C. § 1983, alleging that he violated their Fourth and Fourteenth Amendment rights by reading an item of mail uncovered during a search of plaintiff’s car during a traffic stop. The Second Circuit held that,…
Read More Second Circuit: Police Officer Entitled to Qualified Immunity For Reading Stopped Driver’s MailCaroline Stern and her boyfriend George Hess recently settled their lawsuit against New York City (and others) for $75,000. Hess and Stern were arrested by NYPD officers in 2011 after being observed dancing on a nearly-empty subway platform. You can read more about their case here; the initial complaint is below. [scribd id=121523924 key=key-17jxctmv9wrx4jnj403j mode=scroll]
Read More NYC Pays $75,000 To Settle Dancing Arrest CaseYesterday the Appellate Division, in Cuentas v. Sephora USA, affirmed a lower court ruling granting summary judgment to a construction worker plaintiff on his Labor Law § 240(1) claim. While working on a 6-foot tall, A-frame ladder (example pictured), plaintiff lost his balance and fell, sustaining injuries. The standards for evaluating a Labor Law §…
Read More Summary Judgment For Plaintiff, Who Fell From Ladder, Under Labor Law § 240(1)The Second Circuit yesterday, in Swartz v. Insogna, vacated a summary judgment dismissing the plaintiff’s claims allegedly arising from giving police the middle finger. (This is not the first time we have chronicled middle finger-inspired litigation.) In its first footnote, the court briefly summarized the history of “giving the finger”, citing a case and a law review article discussing…
Read More Middle Finger Plaintiff Can Continue Suit Against Arresting OfficersCondominium or co-op? This distinction, familiar to purchasers of New York City real estate, was recently the basis for a notable decision in New York Labor Law jurisprudence. This week the New York Court of Appeals clarified the meaning of the term “owner” in Labor Law § 241(6). In Guryev v. Tomchinsky, it held that…
Read More Condominium & Related Entities Were Not Labor Law § 241(6) “Owners”In honor of Halloween, I present to you Stambovsky v. Ackley, 169 A.D.2d 254 (App. Div. 1st Dept. 1991), the so-called “haunted house case”. There, the court – “moved by the spirit of equity” (that’s a quote) – allowed the buyer of an allegedly haunted house to seek rescission of the contract and recover his down payment.…
Read More Court: Ghosts Are Real! (Sort Of)On September 30, 2012, in Dinler v. City of New York, the Southern District of New York issued an opinion that largely favors the protesters who filed suit for alleged police abuses during the 2004 Republican National Convention. Significantly, the Court rejected the Defendants’ theory of “group probable cause”, and affirmed the requirement of individualized…
Read More Court Issues Major Victory to Protesters in RNC LitigationOk, this is old – but it’s amusing nevertheless, even if you aren’t a lawyer. This decision by a Texas federal judge is fairly short, and will make your day. It’s a reminder that judges are people too who (gasp) may even have a sense of humor. For you lawyers out there, it contains a…
Read More Sarcastic Judge Lets Lawyers Have ItIn 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 Levin