Court: U.S. Court of Appeals 2nd Circuit

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In Abrams v. Department of Public Safety, decided July 14, 2014, the Second Circuit vacated summary judgment in defendants’ favor on plaintiff’s race discrimination claims under Title VII and the Equal Protection Clause (pursuant to 42 U.S.C. § 1983). Plaintiff, an African American detective, argued that he was discriminated against by, among other things, not being…

Read More “Better Fit” Remarks Sufficient to Defeat Summary Judgment in Race Discrimination Case, Second Circuit Holds
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Kirkland v. Cablevision Systems, decided by the Second Circuit on July 25, 2014, is an example of when summary judgment is inappropriate in an employment discrimination case. The court vacated the district court’s grant of summary judgment for defendant employer Cablevision Systems on pro se plaintiff Garry Kirkland’s race discrimination and retaliation claims under Title VII of…

Read More Second Circuit Vacates Summary Judgment for Employer in Race Discrimination Case
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In Bhanusali v. Orange Regional Medical Center, the Second Circuit (in a Summary Order issued July 16, 2014) vacated the district court’s dismissal of plaintiff’s age, national origin, and race discrimination claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff, an Asian Indian-American orthopedic surgeon, alleged in his complaint…

Read More Surgeon Plausibly Alleged Discrimination Claims Based on “Sham Peer Review”
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In O’Hara v. City of New York et al. (Summary Order dated June 18, 2014), the Second Circuit upheld a jury’s verdict that defendant police officer (McAvoy) used excessive force in arresting plaintiff (O’Hara) in violation of the Fourth Amendment (asserted through 42 USC 1983) and committed state-law battery. It held: [I]f we assume, as…

Read More Second Circuit Upholds Jury Verdict that Repeatedly Punching Unarmed, Non-Menacing Teenager is Excessive Force
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In Brown v. Daikin America, the Second Circuit (in an opinion dated June 27, 2014) held that plaintiff sufficiently alleged that his direct employer and its Japanese parent engaged in national origin and race discrimination under Title VII and NYS Human Rights Law claims. While this decision arises in the context of defendants’ motion to…

Read More White American Plaintiff Successfully Pleads Race and National Origin Discrimination Claims Against His U.S. Employer and its Japanese Parent
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In Petrone v. Hampton Bays Union Free School District (Summary Order dated May 28, 2014), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim. This case illustrates that, in order to succeed on a federal disability discrimination claim – whether based on an “adverse action” or “failure to accommodate” theory – an employee must identify an…

Read More Teacher With Mental Illness Loses Disability Discrimination Case, Where Requested Accommodation (Unpaid Leave) Was Not “Reasonable” Absent Assurance of Return
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In Karimian v. Time Equities, Inc., 569 Fed.Appx. 54, 13-997-cv (2d Cir. June 17, 2014) (Summary Order), the Second Circuit affirmed a district court decision granting defendants’ motion for summary judgment as to plaintiff’s hostile work environment, retaliation, and national origin discrimination claims brought pursuant to Title VII of the Civil Rights Act of 1964. “In…

Read More Cost-Reduction Measures, and Not Anti-Iranian Discrimination, Justified Termination, Second Circuit Holds
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In Schwartz v. Marcantonatos et al. (Summary Order decided May 20, 2014), the Second Circuit affirmed the denial of summary judgment to defendants on the ground of qualified immunity. This false arrest case arises out of the NYPD’s botched attempt to arrest the plaintiff as part of its “lucky bag” program. Ironically, the arresting (plainclothes) officer’s own illegal…

Read More “Lucky Bag” Operation Backfires; False Arrest Lawsuit Continues
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