In Northeast Research LLC v. One Shipwrecked Vessel, 729 F.3d 197 (2nd Cir. Sept. 5, 2013), the Second Circuit held that the State of New York was the legal owner of the “Dunkirk Schooner” shipwreck – discovered in the “chill depths of Lake Erie” – under the Abandoned Shipwreck Act, 43 U.S.C. § 2101 et seq (ASA).…
Read More Second Circuit Holds That New York Owns Title to “Dunkirk Schooner” ShipwreckThe U.S. Court of Appeals for the Second Circuit recently affirmed (by summary order) a dismissal of a claim, arising from a female student’s alleged harassment and bullying, under Title IX of the Education Amendments of 1972. The decision is KF ex rel. CF v. Monroe Woodbury Central School Dist., 13-516-cv, decided August 27, 2013. Plaintiffs…
Read More Second Circuit Affirms Dismissal of Title IX School Bullying ClaimRecently, in Askins v. NYC, the Second Circuit explained the relationship between the liability of individual police officers, on the one hand, and that of a municipality (such as the City of New York), on the other. Specifically, it held that the dismissal of claims against individual police officers on qualified immunity and statute of…
Read More Second Circuit: Plaintiff Can Assert Municipal Liability Claims Even if Officers Have Qualified ImmunityIn a recent Summary Order the Second Circuit, in Dowrich-Weeks v. Cooper Sq. Realty, affirmed the dismissal of plaintiff-appellant’s discrimination, constructive discharge, and hostile work environment claims. This case illustrates, by negative example, what an employment discrimination plaintiff must allege to survive a motion to dismiss. Discrimination – No “Adverse Action” The court found that plaintiff…
Read More Second Circuit Affirms Dismissal of Discrimination, Constructive Discharge, and Hostile Work Environment ClaimsThe Second Circuit, in Isabella v. Koubek, recently certified a question to the New York Court of Appeals involving an apparent conflict between two statutes: Section 29(6) of New York’s Workers’ Compensation Law, which provides that workers’ compensation is the exclusive remedy of an employee injured by his co-employee’s negligence, and Section 388 of New…
Read More When Cars, and Laws, CollideA recent Second Circuit decision, Dejesus v. HF Management Services, illustrates how detailed a federal complaint must be to sufficiently allege overtime violations under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law. The court upheld the dismissal of plaintiff’s complaint because she did not “plausibly allege that she worked overtime without…
Read More Second Circuit Holds FLSA Overtime Allegations Insufficiently PledLast week the Second Circuit held, in Palma v. NLRB, that undocumented aliens were not entitled to back pay following a determination that their employer engaged in unlawful employment practices in violation of the National Labor Relations Act (NLRA). The court based its decision on the Supreme Court’s ruling in Hoffman Plastic Compounds, Inc. v.…
Read More Second Circuit: No Back Pay For Undocumented Aliens For NLRA ViolationThe Second Circuit recently held, in Irizarry v. Catsimatidis, that John Catsimatidis – the chairman, president, and CEO of defendant Gristede’s Foods, Inc. (and, of course, New York City mayoral candidate) – was an “employer” within the meaning of the Fair Labor Standards Act (FLSA) and was hence individually liable for damages in a lawsuit…
Read More John Catsimatidis Held Individually Liable For FLSA Wage ViolationsThe Second Circuit recently held, in Stansbury v. Wertman, that when evaluating the existence of probable cause in the context of false arrest and malicious prosecution claims, the evidence must be evaluated as a whole, and not item-by-item. In Stansbury, the plaintiff sued under 42 U.S.C. 1983, alleging false arrest and malicious prosecution following her acquittal of shoplifting charges. Defendant…
Read More Second Circuit: When Evaluating Probable Cause in the Context of New York False Arrest and Malicious Prosecution Claims, All Circumstances Must Be ConsideredLast week in Williams v. Board of Education-City of Buffalo, the Second Circuit affirmed the summary judgment dismissal of plaintiff’s First Amendment retaliation claims. The district court’s decision is here, and the Second Circuit’s decision is here. Plaintiff, a clerk at the Riverside Institute of Technology, claimed that the principal instructed her to “alter payroll documentation…
Read More School Clerk’s Complaints About Payroll Fraud Not Protected Under the First Amendment