Court: SDNY

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In Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $624,000 for compensatory/emotional distress damages was too high, and that $125,000 was more appropriate. To do this, the court employed the procedural mechanism of “remittitur.” After explaining…

Read More Court Explains Remittitur of $624,000 Emotional Distress Damages Award to $125,000 in Disability Discrimination Case
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In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, rejected defendants’ argument that plaintiff is precluded from litigating his § 1981 claims in the instant action, because plaintiff presented those allegations to the New York State Division of Human Rights (SDHR), which rejected them on the merits.…

Read More Court Finds That “No Probable Cause” Determination Did Not Preclude Litigation of § 1981 Race Discrimination Claim in Court
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In Yu v. City of New York et al, 17-CV-7327, 2018 WL 6250659 (S.D.N.Y. Nov. 29, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims. It summarized the well-established legal standard: To bring a hostile work environment claim under federal or state law, a plaintiff must allege facts from which a court can…

Read More Hostile Work Environment Claims Dismissed; “Asian Girl” Comment Insufficient
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In McPartlan-Hurson v. Westchester Community College, 13-CV-2467, 2018 WL 5801057 (S.D.N.Y. Nov. 5, 2018), the court held that evidence pertaining to plaintiff’s (dismissed) discrimination claims was relevant, and admissible, on her retaliation claim under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: To make out a claim of…

Read More Discrimination Evidence Ruled Admissible on the Issue of Retaliation
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From Moore v. City of New York, 18-947-cv, 2018 WL 5779912 (2d Cir. Nov. 2, 2018) (Summary Order): In dismissing Moore’s claims, the District Court primarily held that Moore failed adequately to state a case of employment discrimination under Title VII and § 1981 because the allegations in the complaint itself showed that she could…

Read More Discrimination Claims Dismissed; Failure to Meet NYC Residency Requirement Rendered Plaintiff Unqualified For Position
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In Felder v. United States Tennis Association Inc., 17-cv-5045, 2018 WL 5621484 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, explained and applied the :”joint employer” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff (a 50 year old black man) was employed by a security company (AJ Security) that…

Read More Court Explains “Joint Employer” Doctrine; Finds it Inapplicable to Claim by US Tennis Association Subcontractor Employee
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In Hernandez v. New York City Department of Sanitation, 18-CV-1808, 2018 WL 5447540 (S.D.N.Y. Oct. 29, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claims – reasoning that the complaint did “not allege facts sufficient to give rise to an inference of discriminatory intent on the part of Defendants.” Here is its summary of…

Read More Race Discrimination Claims Dismissed Against NYC Dept. of Sanitation
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In Moultry v. Rockland Psychiatric Center, 17v-4063, 2018 WL 5621485 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, held that plaintiff failed to plausibly allege race discrimination under Title VII of the Civil Rights Act of 1964. After summarizing the relevant substantive law and pleading standards, the court held: Plaintiff fails to state a facially plausible…

Read More Title VII Race Discrimination Claim Dismissed Against Rockland Psychiatric Center
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In Downey v. Adloox, Inc., 16-CV-1689, 2018 WL 5266875 (S.D.N.Y. Oct. 23, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s federal and state age discrimination claims. Among the evidence proffered by the plaintiff to demonstrate that he was a victim of age discrimination were comments referring to him as “old timer.” However,…

Read More Age Discrimination Case Dismissed, Despite “Old Timer” Comments
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