Court: EDNY

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In Agosta v. Suffolk County (Nov. 8, 2013), the Eastern District of New York dismissed plaintiff’s claim under the Americans with Disabilities Act (ADA) because he failed to exhaust his administrative remedies in the Equal Employment Opportunity Commission (EEOC). Plaintiff alleged two ADA causes of action: First, the Plaintiff claims that the [defendants] maliciously, intentionally and/or recklessly violated the…

Read More Failure to Exhaust Administrative Remedies at the EEOC Leads to Dismissal of Americans with Disabilities Act Discrimination Claim
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In a lawsuit captioned Thomas v. City of New York, EDNY 13-cv-6139 (filed 11/6/13), plaintiff Justin Thomas – a School of Visual Arts senior – alleges that he was unlawfully arrested while filming the exterior of the NYPD’s 72nd Precinct station house for his senior class video project. Here is the Gothamist article with embedded video footage…

Read More Visual Arts Student Files Civil Rights Lawsuit Following Arrest for Filming NYPD Precinct
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In a recent case, SJS Distribution Systems v. Sam’s Club (decided October 11, 2013), the Eastern District of New York discussed and applied the doctrine of “spoliation” as it relates to discovery in civil litigation. There, plaintiff argued that it “discovered a discrepancy between the packaging of the diapers that it ordered and some of…

Read More Court Imposes Sanctions For Evidence Spoliation in Diaper Case
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A case recently decided by the Eastern District of New York, Smith v NYC Health and Hosp Corp., 10-cv-714 (EDNY June 18, 2013), illustrates the somewhat difficult task faced by employment discrimination plaintiffs and confirms that not all workplace adversity is actionable. In short, the law does not impose a “general civility code which prohibits all…

Read More Court Rejects Plaintiff’s Hostile Work Environment and Retaliation Claims
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Crump v. NBTY, Inc. et al., 10-cv-632 (WFK) (ETB) (EDNY March 1, 2012) illustrates that even a single, facially neutral (but arguably racist) remark by a supervisor may be enough to proceed to a jury trial on a Title VII discrimination claim. Defendant contended that it fired plaintiff for theft and for improperly using a…

Read More Court Allows Race Discrimination Claim, Based on Single Racist Remark, to Proceed to Jury Trial
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In Briggs v. Women in Need, Inc, 819 F.Supp.2d 119 (2011), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s complaint alleging discrimination under the Pregnancy Discrimination Act (PDA) by her nonprofit employer. The Facts Plaintiff advised her employer of her pregnancy in March 2007, went on medical leave due to her high-risk pregnancy…

Read More Plaintiff May Press Pregnancy Discrimination Claims Against Non-Profit Women in Need Inc.
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