FRCP 12(c) – Page 3 – Pospis Law, PLLC

December 5, 2016 by mjpospis

Disability Discrimination Lawsuit Dismissed on the Pleadings; “Gay Terrorist” Email Among Allegations Failing to Meet “Plausibility” Pleading Standard

In Dollinger v. N.Y. State Ins. Fund, No. 314CV908MADDEP, 2016 WL 6833993 (N.D.N.Y. Nov. 18, 2016), the court dismissed plaintiff’s disability discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, “that he has been subjected to such treatment because he is ‘regarded as belonging to a group associated with high risk for HIV/AIDS;…

Election of Remedies Results in Dismissal of Federal Complaint

In Lewis v Health and Hospitals Corp, 11-cv-0099, 2013 WL 2351798 (SDNY May 30, 2013), the court held that pursuing, and losing, discrimination claims at the state administrative level barred a subsequent federal action. There, plaintiff initially filed a verified complaint with the New York State Division of Human Rights (SDHR) charging defendants with disability discrimination…