Judge: Denise Cote

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In Geller v. de Blasio et al, 2020 WL 2520711 (S.D.N.Y. May 18, 2020), the court denied plaintiff’s motion for a temporary restraining order and preliminary injunction to enjoin the City of New York from enforcing an Executive Order of March 25, 2020 and its restriction on non-essential gatherings. This decision provides a primer of how…

Read More Court Rejects First Amendment Challenge to NYC Executive Order Restricting Non-Essential Gatherings
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In Ahmed v. American Museum of Natural History, 18-3295-cv, 2019 WL 5302824 (2d Cir. Oct. 21, 2019) (Summary Order), the court affirmed the dismissal (on summary judgment) of plaintiff’s retaliation claims. In sum, plaintiff asserted that defendants retaliated against him for objecting to sexual harassment that he witnessed, in violation of Title VII of the…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Dismissed Against American Museum of Natural History
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In Agostini v. EmblemHealth, Inc. et al, 16-cv-7119, 2018 WL 3350324 (S.D.N.Y. July 9, 2018), the court held that plaintiff was entitled to pursue her claims in federal court, notwithstanding the existence of an arbitration provision in the Collective Bargaining Agreement (CBA) between her union and her employer. Here’s the law, as summarized by the…

Read More Statutory Discrimination Claims Held Not Subject to Arbitration Agreement
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In Smith v. Centerlight Healthcare, Inc., 17-cv-2135, 2018 WL 3104086 (S.D.N.Y. June 21, 2018), the court, inter alia, dismissed plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 (Title VII) and the Age Discrimination in Employment Act (ADEA). After summarizing the legal standard, the court applied the law to the facts,…

Read More Title VII, ADEA Retaliation Claims Dismissed
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In Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…

Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate Forum
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In Sharkey v. J.P. Morgan Chase & Co., 2018 WL 1229831 (S.D.N.Y. March 5, 2018), the court, inter alia, struck down a jury verdict of $563,000 for emotional distress suffered by plaintiff as a result of her alleged retaliatory termination in violation of the Sarbanes-Oxley Act of 2002 (SOX). From the Opinion: If Sharkey is…

Read More Court Strikes Down $563K Emotional Distress Damages Jury Verdict in SOX Case as “Infected With Passion and Prejudice”
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In Dineley v. Coach, Inc., No. 16-cv-3197 (DLC), 2017 WL 2963499 (S.D.N.Y. July 11, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim based on her disability (alcoholism). Initially, the court noted that while the Second Circuit has not yet decided whether the Americans with Disabilities Act (ADA) provides…

Read More Hostile Work Environment Claim, Based on Alcoholism Disability, Survives Summary Judgment
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In Paxton v. Fluor Enterprises, Inc., No. 15-cv-3737, 2017 WL 875856 (S.D.N.Y. Mar. 3, 2017) (J. Cote), the court granted defendant’s motion for summary judgment on plaintiff’s Americans with Disabilities Act and New York State Human Rights Law (NYSHRL) claims, as her medical condition – birth with a cleft lip and palate – was not…

Read More Disability (Cleft Lip and Palate) Discrimination Claims Dismissed; Retaliation Claims Survive Summary Judgment
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Payano v. CompassRock Real Estate LLC, decided by the Southern District of New York on May 12, 2014, discusses the application of the anti-retaliation provisions of the Fair Labor Standards Act and the New York Labor Law. Plaintiff, a live-in apartment maintenance worker, alleged that he was only paid for 40 hours, even though he…

Read More Maintenance Worker Successfully Pleads Retaliation Claim Arising From Termination Following Wage Complaints
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In Greene v. Middletown, filed April 29, 2014, the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). In reaching its decision, Judge Cote cited and applied the “stray remarks” doctrine, which is used to evaluate whether allegedly discriminatory comments are…

Read More Amputee’s Disability Discrimination Case Dismissed Due to “Oblique and Remote” Nature of Alleged Discriminatory Remark
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