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The “egg shell skull rule” (or thin-skull rule) is a well-established legal doctrine in New York tort law regarding personal injury and damages. In short, the rule states that a defendant must take a plaintiff as they find them. If a defendant’s negligent actions cause an injury, they are fully liable for all the physical…
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In Thomas v. The Arbor Co., No. CV 26-CV-0149, 2026 WL 1329832 (E.D. Pa. May 13, 2026), the court, inter alia, held that plaintiff failed to sufficiently allege a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: to plead a hostile work environment claim, a plaintiff…
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In White v. Harvard Security, LLC, No. 25-CV-0622, 2026 WL 1413549 (E.D. Pa. May 19, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII provides in relevant part that, “it shall be…
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In Sylvester v. Louisiana State University Agricultural & Mechanical College Board of Supervisors, No. 6:24-CV-01114, 2026 WL 1389854 (W.D. La. May 18, 2026), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision:…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Single Incident Was Insufficiently “Severe”
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In Magassouba v. Prince George’s County, Maryland et al, No. 8:23-CV-00767-TJS, 2026 WL 1396051 (D. Md. May 19, 2026), the court, inter alia, denied defendant’s motion for judgment, renewed motion for judgment, or in the alternative, motion for a new trial, following a jury verdict in plaintiff’s favor on his retaliation claim under Title VII…
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In Brown v. CBS News, Inc., No. 152570/2025, 2026 WL 1348982 (N.Y. Sup. Ct. May 10, 2026), the court, inter alia, summarized and applied the law governing the geographic applicability of the New York State and City Human Rights Laws. It summarized the black-letter law as follows: The NYSHRL and NYCHRL each separately prohibit employment…
Read More Court Dismisses NYS and NYC Human Rights Law Claims on Subject Matter Jurisdiction Grounds; Relevant Conduct Occurred Outside New York
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In Davis v. Wawa, No. 25-2550, 2026 WL 1298513 (3d Cir. May 12, 2026), the U.S. Court of Appeals for the Third Circuit affirmed a lower court’s order granting summary judgment dismissing plaintiff’s claim of hostile work environment sexual harassment. From the decision: To establish a hostile work environment claim based on sexual harassment, a…
Read More Title VII Hostile Work Environment Sexual Harassment Dismissal Affirmed; Single Touching Incident Insufficient
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For decades, New York civil litigators operating under the Civil Practice Law and Rules (CPLR) relied on a familiar playbook: When a client was sued, defense counsel often took a, let’s say, “patient” approach to third-party practice by engaging in often lengthy, time-consuming discovery to fully clarify fault before bringing in (impleading) other parties, such…
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In Damptey v. Truist Bank, No. 6:26-CV-00050, 2026 WL 1358740 (W.D. Va. May 14, 2026), the court granted defendant’s motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. This decision illustrates the context-specific analysis required in these types of cases. From…
Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; Alleged Use of Term “Cotton Picking” Insufficient
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In Equal Emp. Opportunity Comm’n v. FCA US, L.L.C., No. 25-CV-10174, 2026 WL 1333761 (E.D. Mich. May 13, 2026), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss and/or for…
Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Alleged Touching, Leering, and Sexual Comments Survives Dismissal