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

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In Pal v. New York University (Summary Order dated 9/22/14), the U.S. Court of Appeals for the Second Circuit clarified that New York’s “Whistleblower” law – New York Labor Law § 740 – only provides for “equitable” relief (such as back pay), does not allow recovery for “future or anticipated lost wages or benefits,” and does not provide…

Read More Second Circuit Clarifies Remedies Available Under New York’s “Whistleblower Law”, New York Labor Law 740/741
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In Delaney v. Bank of America et al. (decided 9/5/14), the Second Circuit affirmed the district court’s decision granting defendant summary judgment on plaintiff’s age discrimination and breach of contract claims. Age Discrimination As to plaintiff’s age discrimination claim under the Age Discrimination in Employment Act of 1967 (ADEA), the court rejected plaintiff’s reliance on another…

Read More Second Circuit Affirms Dismissal of Age Discrimination and Breach of Contract Claims
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In Moll v. Telesector Resources Group, the U.S. Court of Appeals for the Second Circuit (in a July 24, 2014 decision) vacated the district court’s dismissal of plaintiff’s sex-based hostile work environment claim. Plaintiff alleged, inter alia: [I]n 1998 and 1999, Daniel Irving, a Senior Systems Analyst, left Moll three inappropriate notes. And in 1999,…

Read More Non-Sexual Comments Can Still Give Rise to a Sex-Based Hostile Work Environment, Second Circuit Holds
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In Nielsen v. AECOM Technology Corp. (decided August 8, 2014), the Second Circuit clarified the standard to be applied when evaluating whistleblower retaliation claims under Section 806 the Sarbanes-Oxley Act of 2002, codified at 18 U.S.C. § 1514A (SOX). Congress enacted SOX “[t]o safeguard investors in public companies and restore trust in the financial markets following the collapse of…

Read More Second Circuit Clarifies SOX Whistleblowing Standard
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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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