In Bynoe v. Target Corporation, the Second Circuit recently vacated the trial court’s award of summary judgment to defendant. In this slip-and-fall case, plaintiff Bynoe sued after slipping and falling on a puddle of syrup from a fallen Del Monte fruit cup in a Brooklyn Target. The court’s decision turned on the issue of “constructive notice”.…
Read More Expert Testimony Creates Issue of Fact in Slip-and-Fall CaseIn Graves v. Deutsche Bank Securities, the Second Circuit (by Summary Order dated December 4, 2013) affirmed the dismissal of plaintiff’s claims against Deutsche Bank for age discrimination and retaliation under the federal Age Discrimination in Employment Act (ADEA) and the New York City Human Rights Law. Age Discrimination As to plaintiff’s age discrimination claim,…
Read More Court Affirms Dismissal of Age Discrimination and Retaliation Claims Against Deutsche BankIn Barenboim v. Starbucks, the Second Circuit (by Summary Order) yesterday held that Starbucks shift supervisors are not precluded by New York Labor Law § 196-d from sharing in tips. The decision follows the New York Court of Appeals’ decision this summer that answered a certified question regarding the interpretation of that statute. The New York…
Read More Starbucks Shift Supervisors May Share in TipsA recent Second Circuit decision, Albert-Roberts v. GGG Construction (Summary Order), illustrates that the workplace utterance of even the most arguably vile racial slur (“nigger”) is not necessarily sufficient to support a hostile work environment claim. Plaintiff, who was employed by GGG as a part-time, nighttime office cleaner, alleged that she was subjected to a hostile…
Read More Co-Worker’s Use of Racial Slur Did Not Support Hostile Work Environment Claim; Timing of Outsourcing Decision Resulted in Dismissal of Retaliation ClaimIn Grant v. County of Erie (Summary Order), the Second Circuit vacated the dismissal, under Federal Rule of Civil Procedure 12(b)(6), of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). Ordinarily, when reviewing the facial sufficiency of a federal court complaint to determine whether it states a claim, a trial court must accept…
Read More Plaintiff Sufficiently Alleged Disability Discrimination; Allegations Regarding Qualification to Perform Job Were Not ContradictoryOn Friday, the Second Circuit held in Colquitt v. Xerox Corp. (Summary Order) that plaintiff’s employment discrimination claims that were not raised – or “administratively exhausted” – in the U.S. Equal Employment Opportunity Commission (EEOC) were properly dismissed from plaintiff’s lawsuit. In Colquitt, plaintiff alleged that she was subjected to (1) a race-based denial of phone privileges and…
Read More Second Circuit Affirms Dismissal of Employment Discrimination Claims Not Raised in the EEOCIn a Summary Order issued today in Mendez-Nouel v. Gucci America, Inc., the Second Circuit affirmed summary judgment for defendant Gucci on plaintiff’s same-sex hostile work environment/sexual harassment and retaliation claims. Harassment/Hostile Work Environment Initially, the Court explained the legal standard for sexual harassment claims: [F]or sexual harassment to be actionable, it must be sufficiently severe…
Read More Second Circuit Affirms Dismissal of Same-Sex Hostile Work Environment/Harassment and Retaliation ClaimsToday, in Kreisler v. Second Avenue Diner Corp., the Second Circuit made new law regarding the rights of disabled persons to be free from discrimination in connection with their use and enjoyment of public facilities. Plaintiff-Appellee Todd Kreisler is a wheelchair-bound man suffering from cerebral palsy, arthritis, and asthma. He passed by defendants’ restaurant (d/b/a Plaza…
Read More Wheelchair-Bound Prospective Diner Patron Entitled to ADA ReliefToday the Second Circuit issued its decision in Anani v. CVS RX Services, affirming a district court decision that a pharmacist was subject to the Fair Labor Standard’s exemption for highly-paid employees. The employee’s base salary was based on a 44-hour workweek, at all times exceeded $1250 weekly, and was guaranteed. He also received additional compensation…
Read More Pharmacist Was an Exempt “Highly Paid Employee” Not Entitled to OvertimeToday the Second Circuit held, in Velez v. City of New York (LYNCH, Lohier, Carney) that plaintiff, the mother of representative for her deceased son Anthony Velez, was not entitled to a new trial following a verdict for defendants. Mr. Velez was murdered after the police officers searched an apartment based on a confidential tip from him.…
Read More City Not Liable for Negligence Following Murder of Confidential Informant