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

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In 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 Claims
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Today, 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 Relief
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Today 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 Overtime
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Today 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
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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” Shipwreck
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The 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 Claim
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Recently, 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 Immunity
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In 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 Claims
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The 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, Collide
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A 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 Pled
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