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Man in suit on courthouse stone steps Man in suit on courthouse stone steps

The Second Circuit yesterday, in Swartz v. Insogna, vacated a summary judgment dismissing the plaintiff’s claims allegedly arising from giving police the middle finger.  (This is not the first time we have chronicled middle finger-inspired litigation.)  In its first footnote, the court briefly summarized the history of “giving the finger”, citing a case and a law review article discussing…

Read More Middle Finger Plaintiff Can Continue Suit Against Arresting Officers
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Person sprawled on boardwalk above hole Person sprawled on boardwalk above hole

Condominium or co-op?  This distinction, familiar to purchasers of New York City real estate, was recently the basis for a notable decision in New York Labor Law jurisprudence. This week the New York Court of Appeals clarified the meaning of the term “owner” in Labor Law § 241(6).  In Guryev v. Tomchinsky, it held that…

Read More Condominium & Related Entities Were Not Labor Law § 241(6) “Owners”
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Smiling man in suit and green bow tie Smiling man in suit and green bow tie

In E.E.O.C. v. KarenKim, Inc., 116 Fair Empl Prac Cas (BNA) 385 (2d Cir. Oct. 19, 2012), No. 11-3309, the Second Circuit addressed when injunctive relief is proper to prevent further harassment.  Title VII itself provides for injunctive relief where a “court finds that the respondent has intentionally engaged in or is intentionally engaging in…

Read More Second Circuit: Injunctive Relief Should Have Been Granted In Harassment Case
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Green stylized P and L monogram logo Green stylized P and L monogram logo

On September 30, 2012, in Dinler v. City of New York, the Southern District of New York issued an opinion that largely favors the protesters who filed suit for alleged police abuses during the 2004 Republican National Convention. Significantly, the Court rejected the Defendants’ theory of “group probable cause”, and affirmed the requirement of individualized…

Read More Court Issues Major Victory to Protesters in RNC Litigation
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Snow-covered city street with buried cars Snow-covered city street with buried cars

Below is a copy of the lawsuit filed against the Metropolitan Opera by stage carpenter Teri Orsburn.   Ms. Orsburn alleges, among other things, sexual harassment, retaliation, negligent supervision and retention, intentional and negligent infliction of emotional distress, and battery.   [scribd id=106303619 key=key-1yu9nseehgn1xwe6sgxt mode=scroll]

Read More Sexual Harassment (Etc.) Suit Against Metropolitan Opera
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