Court: EDNY

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In Magnotti v. Crossroads Healthcare Mgmt. LLC, 14-cv-6679, 2016 WL 3080801 (E.D.N.Y. May 27, 2016), the court discusses the circumstances under which an individual may be held liable under the New York State and City Human Rights Laws. In this disability discrimination and retaliation case, plaintiff – a full-time supervising pharmacist – asserts that after…

Read More Court Discusses Individual Liability Under NYS and NYC Human Rights Laws in Disability Discrimination Case
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In In re Townsend, No. 15-43411-CEC, 2016 WL 2927522 (Bankr. E.D.N.Y. May 16, 2016), the court granted plaintiff’s motion for summary judgment that a judgment entered on a $450,000 jury verdict in Ganci v. U.S. Limousine Service and Raymond Townsend, EDNY 10-cv-3027, was non-dischargeable under the Bankruptcy Code. The Bankruptcy Code “exempts from discharge any debt for…

Read More Sexual Harassment Judgment Not Dischargeable in Bankruptcy, Court Holds
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In Menghini v. Neurological Surgery, P.C., No. CV 15-3534, 2016 WL 3034482 (E.D.N.Y. May 24, 2016), the court denied defendants’ motion to dismiss plaintiff’s sexual harassment and whistelblower claims, as well as defendants’ motion to strike “redundant, immaterial, impertinent and scandalous” material from plaintiff’s complaint. The facts, briefly and as summarized by the court (here’s plaintiff’s…

Read More Plaintiff States Hostile Work Environment Claim Based on Allegations of “Sexually Charged” Comments
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A recent decision, Kelly v. Times/Review Newspapers Corp., 14-cv-2995, 2016 WL 2901744 (E.D.N.Y. May 18, 2016), illustrates how courts are applying the newly-amended Federal Rules of Civil Procedure in employment cases. In this employment discrimination case, plaintiff “seeks compensatory damages, alleging that he suffered actual anguish, embarrassment, suffering, and humiliation as result of his wrongful involuntary termination…

Read More Court Applies Amended Discovery Rule to Discovery Demands Seeking Information Relating to Claimed Emotional Distress in Age Discrimination Case
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In Love v. Premier Util. Servs., LLC, No. 15-cv-5698, 2016 WL 2853532, at (E.D.N.Y. May 13, 2016), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination (wrongful termination) and racially hostile work environment claims. Race Discrimination As to plaintiff’s race discrimination claim, Eastern District Judge Spatt ruled: [T]he complaint in this case clearly…

Read More Allegations Including “N” Word Use and Racist Confederate Flag-Flying Supervisor Sufficient to Plausibly Allege Race Discrimination and Hostile Work Environment Claims
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In Magnusson v. Cty. of Suffolk, No. 14-cv-3449, 2016 WL 2889002 (E.D.N.Y. May 17, 2016), the court dismissed plaintiff’s gender and sexual orientation-based hostile work environment claims. As to her sexual harassment claim, the court explained that too much time passed between the two incidents cited in support of that claim: There is little doubt…

Read More Court Dismisses Sexual Harassment (Hostile Work Environment) Claim; Too Much Time Beween Two Supporting Incidents
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In a recently-filed lawsuit, captioned Jones v. Trevor Tahiem Smith (a/k/a Busta Rhymes), 16-cv-2194 (EDNY filed 5/3/16), plaintiff – a chauffeur for the rapper known as Busta Rhymes – asserts that he was not paid wages or overtime to which he was entitled, and subjected to age discrimination. He asserts, for example, that Mr. Rhymes told…

Read More Wage and Age Discrimination Lawsuit Against Busta Rhymes
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In Gomez v. Stonybrook Univ., 14-cv-7219, 2016 WL 1039539 (E.D.N.Y. Jan. 28, 2016), report and recommendation adopted, 2016 WL 1045536 (E.D.N.Y. Mar. 15, 2016), the court held that plaintiff did not suffer an “adverse employment action” and hence dismissed her discrimination claim. (The below text is taken from the Magistrate’s Report and Recommendation.) This case…

Read More Denial of Transfer Did Not Amount to an “Adverse Employment Action”
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In Styka v. My Merchants Services LLC et al (EDNY 14-cv-6198 (March 15, 2016)), an employment discrimination/sexual harassment/hostile work environment/retaliation case, Eastern District of New York Magistrate Judge Scanlon recommended awarding plaintiff $120,000 to compensate her for emotional distress (in addition to other damages, such as back pay and punitive damages) following defendants’ default. This case…

Read More Court Recommends Award of $120,000 in Emotional Distress Damages in Gender Discrimination/Hostile Work Environment/Sexual Harassment Case
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In Drice v. My Merch. Servs., LLC, 2016 WL 1266866 (E.D.N.Y. Mar. 4, 2016), Eastern District of New York Magistrate Judge Go recommended that plaintiff be awarded (among other damages) $20,000 for emotional distress. (Judge Brodie adopted the Magistrate’s report at 2016 WL 1266948 (E.D.N.Y. Mar. 31, 2016)). The below excerpts are from the Magistrate’s report and recommendation.…

Read More Court Awards Sexual Harassment Plaintiff Emotional Distress Damages of $20,000 Following Defendants’ Default
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