At least now, when I want to avoid going to the gym, I can cite something legal – not necessarily legal “authority”, but a legal document nonetheless – in support. Here is the complaint filed on 11/3/14 by Elizabeth Lapp against her gym, Club 7. Plaintiff alleges, among other things, that she was injured during an instructor-led…
Read More Gym Injury LawsuitIn O’Brien v. NYC Civil Service Comm’n, the court granted an Article 78 petition annulling the determination of the New York City Civil Service Commission confirming the NYPD’s decision finding the petitioner – who has a history of multiple sclerosis – medically disqualified from appointment as a NYPD police officer. Notably, NYPD did not physically examine the…
Read More Court Overturns NYPD Disqualification Due to History of Multiple SclerosisManhattan nightlife can be extremely exciting (I’ve heard) – sometimes in a not-so-good way. Here and below is the complaint filed on October 27, 2014 by plaintiff Amanda Keisoglu against the Hotel Gansevoort and Marie Thys (among others). Plaintiff alleges that, on August 23-24, 2014 while partying with her friends, Thys “violently, forcefully, intentionally, and in…
Read More Stiletto Stab Lawsuit Against Hotel GansevoortIn Jackson v. OpenCommunications Omnimedia, LLC, the New York State Supreme Court ordered defendants to produce “all documents and notes related to an internal investigation conducted … in connection with the Plaintiff’s complaints of sexual harassment and discrimination.” Defendants resisted production on the ground of privilege. Citing the liberal discovery principles embodied in CPLR 3101, the court granted…
Read More Court Orders Production of Materials Relating to Internal Sexual Harassment InvestigationIn Nankivell v. Ardis Health, LLC, the court denied defendants’ motion to dismiss plaintiff’s claim for sex discrimination and harassment under the New York City Human Rights Law (NYCHRL). The NYCHRL is broader than its federal and state counterparts (Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law,…
Read More Sexual Comments and Conduct Were Not “Petty Slights or Trivial Inconveniences”, Supporting Sexual Harassment/Hostile Work Environment Claim Under NYC Human Rights LawIn Cadet-Legros v. New York University Hospital Center, 2014 WL 11087457 (Sup. Ct. NY Cty . Oct. 9, 2014), the court denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim under the New York City Human Rights Law. This decision illustrates how even allegedly “race neutral” language can be evidence of an improper…
Read More Evidence of “Coded Racial Language” Sufficient to Overcome Summary Judgment on Race Discrimination ClaimHere and below is the gender discrimination lawsuit filed on 9/23/14 by former contract partner Jodi Ritter against law firm Wilson Elser Moskowitz Edelman & Dicker LLP. Plaintiff alleges, for example, that she “was regularly exposed to differential treatment and a persistent hostile and abusive work environment because of her sex and the gender stereotypes perpetrated…
Read More Attorney’s Gender Discrimination Lawsuit Against Law Firm Wilson ElserIn Elhorin v. Western Beef, Inc., the court denied defendants’ summary judgment motion seeking dismissal of plaintiff’s personal injury slip-and-fall lawsuit. Plaintiff alleged that he sustained injuries when he slipped and fell on a piece of cardboard on the floor of defendant’s supermarket. As is common in these cases, defendant argued that it did not…
Read More Slip/Fall Case Continues, Based on Statement by Store Manager Regarding Notice of ConditionHere is the recently-filed complaint, captioned Pako Mikel and Denise Klerx v. Guerlain, Inc. (N.Y. Sup. Ct., N.Y. Cty., Sept. 25, 2014), Index No. 159425-2014, alleging sexual harassment, hostile work environment, and retaliation against French cosmetic company Guerlain Inc. Plaintiffs allege that they were sexually harassed by another employee, and that defendant didn’t do anything to…
Read More Sexual Harassment Lawsuit Against GuerlainSantiago v. Dept. of Education illustrates that in an employment discrimination case, the plaintiff must plausibly allege an “adverse employment action.” The quintessential “adverse employment action” is, of course, termination. However, other actions short of termination may qualify. Plaintiff – an itinerant attendance teacher – alleged disparate treatment and a hostile work environment under the…
Read More Employment Discrimination Lawsuit Dismissed; No “Adverse Action”