Causation

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In Trotter v. National Football League, 23-cv-8055 (JSR), 2024 WL 2952637 (S.D.N.Y. June 12, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation asserted under 42 USC § 1981. From the decision: The sufficiency of Trotter’s retaliation claim turns on whether he has adequately alleged that he engaged in some protected…

Read More Retaliation Claim Sufficiently Alleged Against NFL, Court Finds
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In a recent decision, Comcast Corporation v. National Association of African American-Owned Media, 2020 WL 1325816 (U.S. March 23, 2020) (Gorsuch, J.), the U.S. Supreme Court held that 42 U.S.C. § 1981 – a federal statute that prohibits race discrimination in the making and enforcement of contracts – is subject to the “ordinary” tort rule…

Read More SCOTUS: Race Discrimination Statute (42 U.S.C. § 1981) Requires Showing of “But For” Causation
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In Powers v. 31 E 31 LLC, 2014 NY Slip Op 07084, 24 NY3d 84 (Ct. App. Oct. 21, 2014), the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment dismissing the complaint. I had previously written about the Court of Appeals’ October 21, 2014 decision in plaintiff’s favor on various…

Read More Case Arising From Plaintiff’s Fall Down Air Shaft Continues
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Did a car accident cause plaintiff’s stroke? That is the question recently addressed by the First Department in Sadek v. Wesley. The court reversed a trial court ruling precluding plaintiff’s neurological experts from testifying and dismissing plaintiff’s complaint. This motor vehicle accident case arose from a collision between a limousine driven by plaintiff Sadek and a Greyhound…

Read More First Department Reverses Decision Precluding Expert Testimony on Causation and Condemns “Ambush” Trial Motion Practice
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