Yesterday the Supreme Court decided Kiobel v. Royal Dutch Petroleum Co., which significantly limits the reach of the Alien Tort Statute, codified at 28 U. S. C. §1350. That statute provides: The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of…
Read More SCOTUS: Alien Tort Statute Does Not Reach Foreign ActsBelow is the text (with some portions edited out due to spatial concerns) of the interview between me and Huffington Post blogger Jincey Lumpkin, a fellow lawyer and Vanderbilt graduate. The full interview can be accessed here. Disclaimer: Nothing below should be considered legal advice and as such should not be relied upon. Furthermore, this may…
Read More Huffington Post Interview On Sexual HarassmentIn Novak v. Waterfront Comm’n of NY Harbor (SDNY March 1, 2013), the Southern District dismissed plaintiff’s sexual harassment claim. What makes this case unique is that the alleged harasser was the plaintiff’s ex-boyfriend. The court reiterated that “[t]he sine qua non of a gender-based discriminatory action claim under Title VII is that ‘the discrimination must…
Read More Unfair Treatment Was Due To Failed Romantic Relationship And Was Not “Because of Sex”The U.S. Supreme Court held today, in Genesis Healthcare Corp. v. Symczyk, that where the claim of the lone plaintiff in a Fair Labor Standards Act “collective action” (see 29 U. S. C. §216(b), which authorizes a plaintiff to bring a claim on behalf of himself “and other employees similarly situated”) is dismissed, the case fails to…
Read More SCOTUS: FLSA Collective Action Falls With Dismissal of Lead Plaintiff’s ClaimBelow is the complaint filed last week by paralegal (and law school graduate but not yet admitted attorney) against the Law Firm of Ray & Associates and its principal attorney James Ray. Plaintiff alleges violations of various laws, including the Fair Labor Standards Act and the New York City Human Rights Law. While plaintiff asserts…
Read More Polygamy and Pornography: More Lawyers (Allegedly) Behaving BadlyIn a recent Summary Order, the Second Circuit vacated a summary judgment, holding that the reduction of the plaintiff’s salary may have amounted to a “constructive discharge” without cause which would entitle plaintiff to severance payments under his employment contract/offer letter. The case is Scott v. Harris Interactive, Inc., 12-1414 (2d Cir. Feb. 20, 2013).…
Read More Salary Reduction May Support Claim for Constructive DischargeIn Mobley v. Madison Square Garden LP et al, 11-cv-8290 (SDNY March 15, 2013) (J. Batts), the Southern District of New York held that pro basketball player Cuttino Mobley plausibly stated disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law against various Madison Square Garden entities. …
Read More Cuttino Mobley’s Disability Discrimination Claims SurviveIn Cid v. ASA Institute of Business & Computer Technology, Inc., the Eastern District of New York found that plaintiff stated plausible claims for hostile work environment and retaliation (as well as aiding and abetting against individual defendants). Plaintiff claimed that her supervisor made unwelcome sexual comments, gave her unwanted gifts, and asked her out, and…
Read More Plaintiff Plausibly Alleges Sexual Harassment, Retaliation, and Aiding/Abetting ClaimsIn a recent summary order, the Second Circuit in Barrows v. Seneca Foods Corp. vacated a summary judgment for defendant on plaintiff’s same-sex sexual harassment claim. Plaintiff alleged that Sanabria [one of plaintiff’s male supervisors] constantly made vulgar comments, such as “suck my dick,” “come here and give me a blowjob,” and “[f]aggot, get the…
Read More Male-on-male sexual harassment lawsuit survives summary judgmentRemember Alexandra Marchuk? She’s the Vandy (!) Law grad who now finds herself as a defendant in a counter-suit (below) filed by defendants Faruqi & Faruqi and Juan Monteverde in response to the sexual harassment lawsuit she filed last month (which I wrote about here). In it defendants seek $15 million on each of six counterclaims, including…
Read More The Empire Strikes Back: Law Firm Files $15M Counterclaim Against Ex-Associate