Forman v. Henkin, 2015 NY Slip Op 09350 (App. Div. 1st Dept. Dec. 17, 2015), decided by the First Department on December 17, 2015, represents yet another data point in an evolving body of case law assessing whether a party to litigation is entitled to the other side’s social media postings. This issue typically arises in…
Read More First Department Limits Facebook Discovery in Personal Injury CaseConsider this law-school-exam-like scenario: Person goes to hospital, where she is prescribed medication that makes her drowsy (but not told that it will do so). She then, under the influence of the medication, drives and hits plaintiff with her car. Can plaintiff sue the hospital for negligence? These are the (simplified/summarized) facts of the Court…
Read More Court of Appeals: Hospital Owed Duty to Third PartyIn Lopez v. Hollisco Owners’ Corp., No. 14-CV-3738, 2015 WL 7748358 (E.D.N.Y. Nov. 30, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) and the NYC Human Rights Law. In sum, the court held that an employer may “condition an employee’s return to…
Read More Hepatitis Disability Discrimination Claim Dismissed Under the ADA’s “Business Necessity” ExceptionIn Ihim v. St. Vincent’s Hosp. Westchester, No. 11 CIV. 8024 JCM, 2015 WL 5698038 (S.D.N.Y. Sept. 25, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s claims of race and national origin discrimination. Plaintiff – an African American man whose ancestors are from Nigeria – alleged that his suspension without pay was…
Read More “Where Are You From?” Held Not Probative of Discrimination; Title VII Race/National Origin Discrimination Claims DismissedIn Tekle v. Wegmans Food Markets, Inc., No. 15-CV-6386, 2015 WL 8485273 (W.D.N.Y. Dec. 9, 2015), the court granted defendant’s motion under FRCP 12(b)(6) to dismiss plaintiff’s race discrimination, hostile work environment, and retaliation claims. This case illustrates that even arguably “disturbing and arguably race-based” incidents are not necessarily enough to establish violations of the…
Read More Threat to “Hang” Plaintiff Insufficient to State Hostile Work Environment ClaimFrom Grasso v. EMA Design Automation, 14-4109 (2nd Cir. Oct 28, 2015): It is undisputed that between 2009 and 2011, defendant experienced the effects of an economic recession that caused its revenues to decline and led to cuts to its workforce, including the termination of more than a quarter of its employees between 2009 and…
Read More Reduction-In-Force Justified Termination; Retaliation Claim DismissedHere is the NY State court complaint, filed by plaintiff Ashley Chase, against her superintendent (Jose Cedillo) and others. She alleges, among other things, that Cedillo entered her apartment and sniffed her underwear, and that she discovered/caught Cedillo’s actions on video via a smartphone app. Here is the NY Post article about the case.
Read More Lawsuit Against Underwear-Sniffing SuperintendentComments demonstrating bias are frequently cited in employment discrimination and retaliation cases. A recent Second Circuit decision, In Kazolias v. IBEWLU 363, 806 F.3d 45 (2d Cir. 2015), holds that a comment can demonstrate evidence of retaliation existing prior to the statement. There, plaintiffs, three journeymen wiremen, asserted (among other claims) that they were subjected to age discrimination…
Read More Comments Can Evidence Pre-Existing Bias, Second Circuit HoldsEvery legal claim has a “statute of limitations” – that is, a deadline for filing a lawsuit in court. Failure to commence an action by the applicable statute of limitations can be fatal and result in the loss of important rights. In employment discrimination litigation, one key deadline when asserting claims under, for example, Title…
Read More Age Discrimination Claim Was Timely; “Three Day” Mailing Presumption RebuttedA First Department case, Cadet-Legros v. New York Univ. Hosp. Ctr., 2015 NY Slip Op 08984 (App. Div. 1st Dept. Dec. 8, 2015), held that defendants were entitled to summary judgment dismissing plaintiff’s race discrimination cause of action under the NYC Human Rights Law. This case offers guidance on how courts evaluate motions for summary judgment…
Read More Termination Reasons Were Not Pretextual; “Leopard Does Not Change its Spots” Was Not “Coded” Racial Language