Court: SDNY

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In Cadet v. Deutsche Bank Securities, 11-cv-7964, 2013 WL 3090690 (SDNY June 18, 2013), decided on June 18, 2013, the Southern District of New York (McMahon, J.) denied defendants’ motion for summary judgment as to plaintiff’s race discrimination claims brought under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981, but dismissed his…

Read More Plaintiff’s Title VII and Section 1981 Race Discrimination Claims Survive in Part
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This week the Southern District of New York held, in Glatt v. Fox Searchlight Pictures Inc., 2013 WL 2495140 (SDNY June 11, 2013), that two unpaid interns who worked on the movie Black Swan in New York were “employees” under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Citing and applying…

Read More Court Holds That Black Swan Unpaid Interns Were “Employees” Under Federal And New York Wage Laws
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Let’s face it:  jury service can be a major inconvenience. But, like paying taxes, it’s not voluntary.  The recent words of a federal judge, however, may be just inspirational enough to make performing one’s civic duty more bearable. In Clark v. Castro, the Southern District of New York explained why it refused to vacate a…

Read More Citing Importance of Jury Service, Court Denies Motion to Vacate Judgment Following Jury Verdict
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In Lewis v Health and Hospitals Corp, 11-cv-0099, 2013 WL 2351798 (SDNY May 30, 2013), the court held that pursuing, and losing, discrimination claims at the state administrative level barred a subsequent federal action. There, plaintiff initially filed a verified complaint with the New York State Division of Human Rights (SDHR) charging defendants with disability discrimination…

Read More Election of Remedies Results in Dismissal of Federal Complaint
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In Mobley v. Madison Square Garden LP et al, 11-cv-8290 (SDNY March 15, 2013) (J. Batts), the Southern District of New York held that pro basketball player Cuttino Mobley plausibly stated disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law against various Madison Square Garden entities.  …

Read More Cuttino Mobley’s Disability Discrimination Claims Survive
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In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment.  While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…

Read More “Voodoo Doll Lynching” Race Discrimination Verdict Upheld
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It’s an old story, really:  boy meets girl, boy cheats on girl, boy leaves second girl, girls post nasty comments about boy on www.liarscheatersrus.com, boy files lawsuit alleging defamation and tortious interference with prospective business relations… In Couloute v. Ryncarz et al., 11-cv-5986 (SDNY Feb. 15, 2012), the court found that plaintiff failed to state plausible claims…

Read More Court dismisses attorney’s lawsuit against ex-girlfriends for online rants
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Below is a copy of the complaint, captioned Sowers v. City of New York (SDNY 12-cv-1294), filed in the Southern District of New York by Chloe Sowers against the City of New York, NYPD officer Kevin McKeon, and New York Downtown Hospital. In it, Ms. Sowers alleges that while she was waiting for the Staten…

Read More Lawsuit Seeks Damages for False Arrest and Involuntary Hospitalization Arising From Non-Disruptive Public Intoxication
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In Malinowski v. Wall Street Source, Inc., 09 Civ. 9592 (PAE) (SDNY Dec. 2, 2011), NYLJ 1202534751470, the Southern District of New York held that evidence of plaintiff’s post-termination wages was inadmissible in light of the severance clause in plaintiff’s contract (which provided that plaintiff could only be fired for cause). Plaintiff sought unpaid wages,…

Read More Severance Clause Nullifies Mitigation Duty
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In Whitehurst v. 230 Fifth, Inc. et al, 11-cv-0767, Southern District Judge McMahon allowed plaintiffs (all African American) to continue some, but not all, of their race-based claims against popular restaurant/lounge 230 Fifth (located at 230 Fifth Avenue in Manhattan).  Plaintiffs alleged that, after arriving to celebrate a friend’s birthday, they were subjected to discriminatory…

Read More African American Partygoers Can Continue Race Discrimination Suit Against 230 Fifth
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