Blog

In Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, No. 18-cv-6836, 2021 WL 6064520 (S.D.N.Y. Dec. 22, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment (sexual harassment) claims. Plaintiff (a dental hygienist) asserts, in sum and among other things, that the male…

Read More Sex-Based Hostile Work Environment Claims Survive Summary Judgment Against Dental Practice
Share This:

In Diresta v. Biz2Credit Inc. et al, 21-cv-208, 2021 WL 6052104 (S.D.N.Y. Dec. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act of 1967. From the decision: The Amended Complaint does not allege facts that either provide “minimal support for the proposition that the…

Read More Age Discrimination (Failure-to-Hire) Claim Dismissed
Share This:

Let’s say, hypothetically, you are a burglar and decide to target a particular house owned by a family that will be away (overseas) for the Christmas holiday – i.e., for at least a week, without any indication that any of the family (let alone their 8 year-old son) is left Home Alone. So you and…

Read More Lime & Merchants v. McCallister
Share This:

In Coston v. Product Movers, 1990 WL 56516 (E.D.Pa. 1990), a copyright infringement action, the court held that the “idea of Santa Claus” is not protectible, and additionally provides us, via the legal mechanism of “judicial notice”, the following historical background: Pursuant to Fed.R.Evid. 201, I take judicial notice of the fact that Santa Claus…

Read More Court Takes Judicial Notice of Santa Claus’ History
Share This:

It’s December 23rd, a/k/a Christmas Eve Eve, a/k/a Festivus. So Happy Festivus! Festivus is a non-commercial holiday, begun in 1966 and celebrated on December 23, as an alternative to the pressures and commercialism of the Christmas/holiday season. A key component of the holiday is the “Airing of Grievances,” which takes place right after Festivus dinner…

Read More Air Your Grievances: Festivus and Discrimination
Share This:

In Crowley v. Billboard Magazine, No. 19-cv-7571, 2021 WL 6033608 (S.D.N.Y. Dec. 21, 2021), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. This…

Read More Sexual Orientation Discrimination Claim Dismissed; Sending Sexually-Charged Messages Was Sufficient Reason For Termination, Notwithstanding That The Conduct Was Not Specifically Forbidden
Share This:

In Krause v. Kelahan, 2021 WL 5876678 (N.D.N.Y. Dec. 13, 2021), the court held that plaintiff’s hostile work environment claim was supported by sufficient evidence to support the jury’s verdict. From the decision: Although Krause’s hostile work environment claim is a closer question, that claim, too, was supported by enough evidence to justify the jury’s…

Read More Employment Discrimination Jury Verdict Upheld
Share This:

In Griffin v. Aetna, Inc. et al., 2021 WL 5926501 (Conn.Super. Nov. 30, 2021), the court, inter alia, denied defendants’ motion to strike plaintiff’s sexual harassment (hostile work environment) cause of action. From the decision: [I]n order to be actionable … a sexually objectionable environment must be both objectively and subjectively offensive, one that a…

Read More Sexual Harassment Claim Sufficiently Alleged Against Aetna; Allegations Included Inappropriate Touching
Share This:

In Matter of Whitfield v. City of New York, 199 A.D.3d 548, 2021 WL 5364756, 2021 NY Slip Op 06466 (App. Div. 1st Dept. Nov. 18, 2021), the court upheld the determination to decline to hire petitioner as a youth development specialist. The respondent proffered two reasons for not hiring the petitioner. The first was…

Read More Job Rejection Upheld; First Amendment Retaliation and Conviction Discrimination Claims Dismissed
Share This:

In Norwood v Simon Property Group, No. 2017-11874, 5155/12, 2021 N.Y. Slip Op. 07006, 2021 WL 5913212 (N.Y.A.D. 2 Dept., Dec. 15, 2021), the court discussed and applied the doctrine of “respondeat superior” to deny a motion to dismiss plaintiff’s claims against a movie theater for the actions of one of its managers. Here are…

Read More “Respondeat Superior” Applied Against Movie Theater For Manager’s Alleged Use of Pellet Gun Against Patron
Share This: