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No one likes/wants to be sued. Process servers – people hired by attorneys to deliver litigation papers to a named defendant – are, therefore, not exactly “welcome” when they attempt to serve papers on a defendant. A recent case, Galtieri v. Uptown Communications & Electric, Inc. and Jonathan Smokler, Sup. Ct. Qns. Cty. 19589/2012, illustrates…

Read More Process Server’s Assault/Battery and False Imprisonment Claims Continue
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In a lawsuit captioned Laknidhi v. AbilTo, Inc. and Michael Laskoff, NY Sup. Ct. Index No. 151506/2015 (filed 2/13/15), plaintiff alleges that defendants AbilTo and Laskoff (AbilTo’s CEO) subjected her to “harassment and discrimination … because of her pregnancy (and associated need for pregnancy leave and post-pregnancy accommodations) … which culminated in” her unlawful termination.…

Read More Pregnancy Discrimination Lawsuit Against AbilTo Inc. and Michael Laskoff
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The U.S. Equal Employment Opportunity Commission (EEOC) and Seapod Pawnbrokers have entered into a consent decree resolving a lawsuit, EEOC v. Seapod Pawnbrokers, Inc. et al., EDNY 14-cv-4567. (Here is the EEOC press release.) In its October 2014 amended complaint, the EEOC alleges that defendants violated Title VII of the Civil Rights Act of 1964 by subjecting female employees to…

Read More $300K Consent Decree in EEOC’s Sexual Harassment Lawsuit Against Seapod Pawnbrokers
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In a February 19, 2015 New York State Court lawsuit, captioned Charles Schwarz v. Consolidated Edison, Inc. et al., plaintiff asserts that he was unlawfully terminated because of his decade-old conviction for perjury in connection with the notorious Abner Louima police brutality case. Plaintiff alleges, among other things, that defendants terminated him from his position as…

Read More “Conviction Discrimination” Lawsuit Filed by Abner Louima Defendant Charles Schwarz Against Con Ed
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Various statutes – including Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law (NYCHRL) – provide for an award of attorney fees to the prevailing party. These statutes represent a deviation from the so-called “American rule” of litigation, under which each side is responsible for its own…

Read More Sexual Harassment Lawsuit Winner Alexandra Marchuk’s Motion for $1.4 Million Attorney Fee Award
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Here is the federal court complaint, captioned Cargian v. Breitling USA, Inc., 15-cv-01084 (SDNY, filed 2/17/15), in which plaintiff alleges age, gender, and sexual orientation discrimination against watch manufacturer Breitling. He asserts claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City…

Read More Age, Gender, and Sexual Orientation Discrimination Lawsuit Against Breitling
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In Michael v. Bloomberg (SDNY 2/11/15) – yes, that is the actual caption – the court rejected plaintiff’s motion for a protective order and to proceed pseudonymously. Plaintiff alleges that Bloomberg engaged in violations of the Fair Labor Standards Act and New York Labor Law by failing to pay proper overtime premiums to workers in its…

Read More Court Rejects FLSA Plaintiff’s Request to Proceed Against Bloomberg Under Pseudonym
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In Clark v. Allen & Overy, LLP, 2015 NY Slip Op 01398, 125 AD3d 497 (App. Div. 1st Dept. Feb. 17, 2015), the Appellate Division, First Department affirmed the lower court’s order granting defendant law firm’s motion to compel plaintiff to submit to a mental examination. (I wrote about a development in this case here.) The…

Read More Discrimination Plaintiff Seeking Emotional Distress Damages Must Submit to Mental Examination, First Dept. Holds
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In Margerum v. City of Buffalo, 2015 NY Slip Op 01378 [24 NY3d 721] (N.Y. Ct. App. Feb. 17, 2015), the New York Court of Appeals held that a notice of claim need not be filed for a Human Rights Law claim against a municipality. In this case, plaintiffs – 12 white firefighters – alleged that…

Read More Discrimination Claims Under the Human Rights Law Are Not Subject to New York’s Notice of Claim Requirement, Court of Appeals Holds
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In Dillon v. Ned Management, Inc. et al., 13-cv-2622 (EDNY 2/2/15), the Eastern District of New York denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment, aiding and abetting, and retaliation claims. The decision offers a good review of the current state of the law under Title VII of the Civil Rights…

Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Continue Against Ned Management
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