FRCP 12(f) – Pospis Law, PLLC

June 16, 2025 by mjpospis

Hostile Work Environment Claims, Based on Sex and Domestic Violence Victim Status, Survive Dismissal

In Baxter v. Swiftshift Inc., 24cv6241 (DLC), 2025 WL 1677712 (S.D.N.Y. June 13, 2025), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment, under the New York State and City Human Rights Laws, because of her sex and domestic violence victim status. From the decision: Baxter has also stated a…

Plaintiff States Hostile Work Environment Claim Based on Allegations of “Sexually Charged” Comments

In Menghini v. Neurological Surgery, P.C., No. CV 15-3534, 2016 WL 3034482 (E.D.N.Y. May 24, 2016), the court denied defendants’ motion to dismiss plaintiff’s sexual harassment and whistelblower claims, as well as defendants’ motion to strike “redundant, immaterial, impertinent and scandalous” material from plaintiff’s complaint. The facts, briefly and as summarized by the court (here’s plaintiff’s…