Blog

Montes v. Collins Enterprises, LLC et al., No. 106308/08 (NY Sup. July 8, 2011): Plaintiff, an employee of a non-party subcontractor, sustained injuries when he “stepped on a round wooden doorknob” in a room of an apartment where he was working.  Plaintiff alleged violations of Labor Law §§ 200, 240(1), and 241(6) against the owner and…

Read More NY Supreme (NY Cty.): Worker injured after slipping on doorknob at worksite may proceed on Labor Law § 241(6) claim based on Industrial Code § 23-1.7(e)(2)

In Jackler v. Byrne, 658 F.3d 225 (2011), the Second Circuit vacated the trial court’s FRCP 12(c) dismissal of plaintiff probationary police officer’s Section 1983/First Amendment retaliation claim.  Plaintiff alleged that he was fired because he refused to follow instructions to retract a report that implicated a police officer in the use of excessive force…

Read More Second Circuit Vacates Dismissal of First Amendment Retaliation Claim Brought by Police Officer Fired For Failing to Submit False Report

Bowling v. 220 W. 42nd St., LLC, 104717/09 (Sup. NY July 7, 2011): Plaintiffs, two homosexual males, were allegedly physically and verbally threatened by two security guards after kissing in a McDonald’s restaurant.  It was undisputed that defendant 220 maintained, and that the defendant security guards were employed by, the restaurant where the incident occurred.  The…

Read More NYS trial court allows case arising from homosexual slurs to continue against restaurant

In Ridinger v. Dow Jones & Co. Inc., 651 F.3d 309 (2d Cir. 2011), the Second Circuit affirmed an SDNY decision dismissing plaintiff’s complaint alleging age discrimination under the ADEA.  Defendant argued that plaintiff’s claims were barred by a Separation Agreement under which plaintiff agreed to waive all claims (including those under the ADEA) against defendant.  Plaintiff argued…

Read More Second Circuit Holds That Separation Agreement Complied With The Older Workers Benefit Protection Act (OWBPA), Justifying Dismissal of ADEA Complaint

Although this is not a New York case, the issues raised are of sufficient import to plaintiff-side employment litigators everywhere, particularly since it resulted in a summary judgment for plaintiff. EEOC commentary here; text of opinion (EEOC v. Abercrombie & Fitch Stores, Inc., 09-CV-602-GKF-FHM (N.D. Okla. July 13, 2011)) here.

Read More Oklahoma federal court agrees with EEOC’s claims against store for failure to hire hijab-wearing Muslim girl

Gomez v. Village of Sleepy Hollow, 2011 WL 2652439 (SDNY July 6, 2011): Facts / Procedure After allegedly seeing her husband being assaulted by several members of the police and repeated, unsuccessful attempts to seek police help, plaintiff grabbed the arm of one officer (Quinoy) and demanded that he stop.  In response, Quinoy “picked her up…

Read More SDNY: no qualified immunity for police officer who picked up and threw non-threatening plaintiff to the ground

Bradley v. Town of Cheektowaga et al., 2011 WL 2713486 (WDNY July 13, 2011): Following his arrest (during which plaintiff claimed he was beaten by the arresting officers, handcuffed, and subjected to pepper spray), plaintiff sued individual police officers and the Town of Cheektowaga, alleging excessive force, denial of medical treatment, malicious prosecution, false arrest, assault, and…

Read More Arrestee overcomes summary judgment on excessive force, assault claims

In Winans v. Starbucks, 796 F. Supp. 2d 515 (SDNY July 11, 2011), the Southern District of New York dismissed a complaint alleging that Starbucks improperly retained gratuities that plaintiffs were entitled to receive. Plaintiffs, several Starbucks “assistant store managers”, sued their employer for violating New York Labor Law 196-d.  The Court ruled in Starbucks’…

Read More Court Holds That Starbucks Complied With Tip-Sharing Statute

St. Louis v. Town of North Elba, 16 N.Y.3d 411 (March 31, 2011):  Court of Appeals upheld denial of summary judgment to defendant property owner. Plaintiff maintenance worker was injured when a section of pipe fell on him after being released by a “hydraulic-operated clamshell bucket attached to the bucket arm of a front-end loader”,…

Read More NY Court of Appeals: Function, Not Name, of Injury-Causing Machine Dictates Appropriateness of Industrial Code Section Forming Basis for Labor Law 241(6) claim