Court: SDNY

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In Wright v. City of New York et al, 23 Civ. 3149 (KPF), 2024 WL 3952722 (S.D.N.Y. August 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Retaliation Claims, Arising From Conduct Following Return to In-Person Work, Sufficiently Alleged
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In Netrebko v. Metropolitan Opera Association, Inc. d/b/a The Metropolitan Opera et al, 23 Civ. 6857 (AT), 2024 WL 3925377 (S.D.N.Y. August 22, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. As to plaintiff’s claims asserted under the New York State Human Rights Law, the court explained: Netrebko’s firing…

Read More Opera Singer Plausibly Alleges Gender Discrimination Under the New York State and City Human Rights Laws
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In Newton v. LVMH Moet Hennessy Louis Vuitton Inc. et al, No. 23-CV-10753 (LAP), 2024 WL 3925757 (S.D.N.Y. Aug. 23, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Focusing only on allegations that occurred after July…

Read More Title VII Retaliation Claim Dismissed; Refusal to Meet About Settlement of Legal Claims Was Not “Protected Activity”
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim under the Gender Motivated Violence Protection Act, N.Y.C. Admin. Code §§ 10-1101 et seq. (“GMVPA”). The GMVPA creates a cause of action for “any person…

Read More Gender Motivated Violence Protection Act Claim Survives Against TMPL Lexington
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In Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to compel arbitration, finding that she plausibly alleged sexual harassment under the New York City Human Rights Law, triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…

Read More Sexual Harassment Claims Sufficiently Alleged Against TMPL Lexington, Triggering Ending Forced Arbitration Act and Denial of Motion to Compel Arbitration
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In Singh v. Meetup LLC et al, 23-CV-9502 (JPO), 2024 WL 3904799 (S.D.N.Y. August 22, 2024), the court granted defendant’s motion to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not apply, since plaintiff’s allegations – while arguably constituting discrimination based on sex, did not…

Read More Sex Discrimination Allegations Did Not Plausibly Allege “Sexual Harassment”, Ending Forced Arbitration Act Not Triggered
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In Palmer v. ECapital Corp. et al, 23 Civ. 4080 (DEH). 2024 WL 3794715 (S.D.N.Y. Aug. 13, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims. In sum, plaintiff alleged that she was disparately treated as compared to her male predecessor, a male colleague who eventually replaced her, and male…

Read More Sex Discrimination Claims Asserted by Replaced Female CEO Survive Dismissal
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, and the New York State and City Human…

Read More Retaliation Claims, Predicated on Sexual Harassment Complaint, Survive Dismissal
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s various discrimination claims asserted under federal law (namely, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities…

Read More Hostile Work Environment Claims Based on Race, Gender, Sexual Orientation, and Disability Survive Dismissal
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In Mercer v. ViacomCBS/Paramount, 22 Civ. 6322 (LGS), 2024 WL 3553133 (S.D.N.Y. July 26, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act or Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies…

Read More ADA Retaliation Claim Dismissed as Not Exhausted at the EEOC
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