Court: SDNY

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In McLeod v. Post Graduate Ctr. for Mental Health, No. 14-cv-10041, 2016 WL 6126014 (S.D.N.Y. Sept. 30, 2016), SDNY Magistrate Judge Francis issued a Report & Recommendation that the court grant defendants’ motion to enforce a post-mediation Memorandum of Understanding (MOU) settling plaintiff’s employment discrimination case pursuant to Title VII of the Civil Rights Act…

Read More “Buyer’s Remorse” Notwithstanding, Federal Court Enforces Post-Mediation Memorandum of Understanding Settling Title VII Employment Discrimination Case
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In Donahue v. Asia TV USA Ltd., No. 15 CIV. 6490 (NRB), 2016 WL 5173381 (S.D.N.Y. Sept. 21, 2016), the court granted in part and denied in part plaintiff’s employment discrimination claims. While, for example, the court dismissed plaintiff’s hostile work environment claims under Title VII, the ADEA, and NYS Human Rights Law, it held…

Read More “Lazy Americans” Hostile Work Environment Claim Survives Dismissal; Court Strikes Unrelated Sexual Harassment Allegations From Plaintiff’s Complaint
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In Legrá v. Bd. of Educ. of the City Sch. Dist. of the City of N.Y., No. 14-CV-9245 (JGK), 2016 WL 6102369 (S.D.N.Y. Oct. 19, 2016), the court dismissed plaintiff’s employment discrimination complaint – alleging employment discrimination, retaliation, and harassment – on statute of limitations and other grounds. Here’s the law: An action alleging an employer’s…

Read More Days-Late Employment Discrimination Lawsuit Dismissed
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In a lawsuit filed on Oct. 3, 2016, captioned Jane Doe v. Donald J. Trump and Jeffrey E. Epstein, SDNY 16-cv-7673, plaintiff alleges, among other things: 10. Defendant [Donald J.] Trump initiated sexual contact with Plaintiff at four different parties. On the fourth and final sexual encounter with Defendant Trump, Defendant Trump tied Plaintiff to a…

Read More Donald Trump Rape Lawsuit
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In Silvers v. Wells Fargo Bank, N.A., No. 15-CV-6721 (KBF), 2016 WL 5875076 (S.D.N.Y. Oct. 7, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. From the decision: Plaintiff raises no triable issue of…

Read More Question About Retirement Plans Alone Insufficient to Survive Summary Judgment on Age Discrimination Claim
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In Boston v. Taconic Eastchester Mgmt. LLC, No. 12 CIV. 4077 (ER), 2016 WL 5719751 (S.D.N.Y. Sept. 30, 2016), the court dismissed plaintiff’s discriminatory termination, hostile work environment, and retaliation claims under Title VII. The law, as summarized by the court: Plaintiff’s Title VII claims for race and color discrimination, hostile work environment, and retaliation are…

Read More Theft Was Nondiscriminatory Reason For Termination; Pretext Not Shown
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In Mira v. Kingston, 15-cv-09989, 2016 WL 5867448 (S.D.N.Y. Oct. 3, 2016), the court considered, and denied, plaintiff’s motion to consolidate two employment discrimination actions. The court’s decision turned on the application of Rule 42(a) of the Federal Rules of Civil Procedure, which provides: “If actions before the court involve a common question of law…

Read More Court Denies Motion to Consolidate Two Unrelated Employment Discrimination Cases; “Discriminatory Conspiracy” Not Plausibly Alleged
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In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…

Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ Default
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In Spinelli v. City of New York, 13-cv-7112, 2016 WL 5476001 (S.D.N.Y. Sept. 29, 2016), the Court adopted a Magistrate’s Report & Recommendation to, among other things, deny defendants’ motion for summary judgment on plaintiff’s age discrimination claim under the New York State Human Rights Law. As to plaintiff’s prima facie case, the Court explained:…

Read More Age Discrimination Claim Survives Summary Judgment; Evidence Included Shifting of Responsibilities to Clerical Tasks and Ageist Remarks
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A recent decision, Smith v. JPMorgan Chase, No. 15 CIV. 808 (PAE), 2016 WL 5339548 (S.D.N.Y. Sept. 23, 2016), is instructive on the law governing settlement agreements, including those claimed to bar Title VII discrimination claims. In this case, the African American plaintiff alleged that she “was terminated after an internal investigation for a violation of…

Read More Court Holds That Settlement Agreement Was Broad Enough to Include Title VII Claims
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