Battery

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As you may have heard, actor/rapper Will Smith smacked comedian/actor Chris Rock at the 2022 Oscars after Mr. Rock made a joke referring to Mr. Smith’s wife’s bald head. Many news organizations reported this event as a “assault.” However, in the civil (as opposed to criminal) context, there are, among potentially others, two distinct causes…

Read More Battery, Assault, and the Oscar Slap Heard (and Seen) Throughout the World
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In Bearer v. Teva Pharmaceuticals USA, Inc. et al, 19-5415, 2021 WL 4145053 (E.D.Pa. Sept. 8, 2021), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment / sexual harassment claim arising from defendant’s President and CEO slapped plaintiff’s buttocks. The court distinguished this case from one in which the…

Read More Sexual Battery / Hostile Work Environment (Butt-Slapping) Claim Survives Summary Judgment Against Teva Pharmaceuticals
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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, upheld damage awards for plaintiff on her gender discrimination, sexual harassment, and retaliation claims. (The court’s discussion of liability is discussed here.) A jury awarded…

Read More Court Reverses Damages Reductions in Sexual Harassment Case Against Montefiore Medical Center
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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, affirmed a jury verdict for plaintiff on her battery, employment discrimination, hostile work environment/sexual harassment, and retaliation claims. From the decision: The evidence at trial…

Read More Sexual Harassment, Battery, Discrimination, and Retaliation Jury Verdict Upheld Against Montefiore Medical Center
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In Singh v. Memorial Sloan Kettering Cancer Center et al, 2019 WL 6977106 (S.D.N.Y. Dec. 20, 2019), the court, inter alia, dismissed plaintiff’s claims of civil battery and intentional infliction of emotional distress as against various entities, finding that the doctrine of respondeat did not apply. From the decision: These two causes of action concern…

Read More Sexual Misconduct Claim Not Imputed Under Respondeat Superior
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In a recently-filed lawsuit, Latchminarine v. Tombalakian (NY Sup Ct Index # 150450/2016 filed 1/19/16), plaintiff Nazmoon Latchminarine – a Manhattan nanny – claims that her (ex) boss Celia Tombalakian slapped her after she quit following a dispute about after-hours work-related texting. She asserts claims for assault, battery, and intentional infliction of emotional distress.

Read More Lawsuit: Manhattan Mom Slaps Nanny, Tells Her to “Get the Fuck Out” of Her House
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In Rodriguez v Judge and Community Church of Astoria, 2015 NY Slip Op 07828 [132 AD3d 966] (App. Div. 2nd Dept. Oct. 28, 2015), the court explained and applied the well-known tort doctrine of “respondeat superior”, under which an employer is liable for the torts of its employees. Here are the (briefly-summarized) facts of this personal…

Read More Church Not Liable to Plaintiff for Assault/Battery by Employee’s Husband
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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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A lawsuit filed in the Southern District of New York, captioned Lampley et al v. Alexander Rojas and the City of New York, SDNY 14-cv-8832 (Nov. 6, 2014), alleges that a NYPD lieutenant, Alexander Rojas, subjected plaintiffs, 3 NYPD officers, to “egregious sexual harassment”, including groping the intimate areas of plaintiffs’ bodies; displaying to plaintiffs…

Read More NYPD Sexual Harassment Lawsuit Includes Allegations of Groping, Masturbation, and Penis Exposure
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Here is the lawsuit, recently filed by Georgina Spence, against Insomnia Cookies and its deliveryman Keith Moody. The suit alleges, inter alia: That on November 3, 2014 plaintiff Georgina Spence was violently contacted by defendant’s employee Keith Moody without cause, provocation or justification while in the course of his employment as an employee of defendant Insomnia…

Read More $10M Lawsuit Against Insomnia Cookies for Alleged Attack by Deliveryman
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