Judge Karas Archives - Pospis Law, PLLC

April 1, 2017 by mjpospis

Sexual Harassment Claim Dismissed; Court Cites Lack of Complaint’s Specificity

In Cowan v. City of Mount Vernon, No. 14-CV-8871 (KMK), 2017 WL 1169667 (S.D.N.Y. Mar. 28, 2017), the court dismissed plaintiff’s sexual harassment claim as insufficiently pled. This decision illustrates the degree of specificity courts look for when evaluating these types of claims on a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. From…

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December 27, 2016 by mjpospis

Hostile Work Environment Created by Co-Worker Not Imputable to Entity Employer

In order to hold an employer liable for a hostile work environment, a plaintiff needs to establish two elements: The existence of a hostile work environment (i.e., sufficiently “hostile” conduct connected a protected characteristic); and A specific basis for imputing the hostile work environment to the employer (vicarious liability). A recent case, Ward v. Shaddock, No.…

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April 8, 2016 by mjpospis

Hostile Work Environment Claim Arising From Alleged Racism-Caused Bodily Injury Proceeds

In Guzman v. Concavage Marine Constr. Inc., No. 14-CV-8587 (KMK), 2016 WL 1273285 (S.D.N.Y. Mar. 31, 2016), the court denied defendants’ motion to dismiss/strike plaintiff’s allegation that he suffered a physical workplace injury as a result of his employer’s owner’s racist attitude towards him, in violation of 42 U.S.C. 1981. This decision is instructive as…

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October 3, 2015 by mjpospis

Plaintiff Survives Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims

In McCall v. Genpak, LLC, No. 13-CV-1947 KMK, 2015 WL 5730352 (S.D.N.Y. Sept. 30, 2015), the court denied defendants’ summary judgment motion on plaintiff’s race discrimination and hostile work environment claims. Race Discrimination Based on “Adverse Action” Plaintiff alleged that he was subjected to two adverse employment actions – demotion and termination – because of…

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January 2, 2015 by mjpospis

Evidence, Including Derogatory Comments About Plaintiff’s Walk, Was Sufficient to Overcome Summary Judgment on Plaintiff’s Disability Discrimination Claims

In Lewis v. Blackman Plumbing Supply Co. 51 F. Supp. 3d 289 (SDNY 2014), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s claims that defendants terminated him because of his hip-related disability, failed to accommodate him, and subjected him to a hostile work environment. As to plaintiff’s discriminatory-discharge claim,…

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November 7, 2014 by mjpospis

Anti-Semitic Student Harassment Case Continues

In TE v. Pine Bush Central School Dist, the Southern District of New York denied defendants’ motion for summary judgment on plaintiffs/students’ Title VI claims. Title VI of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000(d), provides that [n]o person in the United States shall, on the ground of race, color, or…

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August 23, 2014 by mjpospis

Linda Cohn Personal Injury Lawsuit Against Brewster Ice Arena

Here’s the lawsuit recently filed in the Southern District of New York by ESPN sportscaster Linda Cohn against Southeast Sports Complex, Players Club at Brewster Ice Arena, and Steve Santini. Plaintiff alleges in her complaint that she was injured “when a heavy, large coin change machine fell upon her”. Cohn stated on her whosay page that “[s]ome…

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May 11, 2014 by mjpospis

Tourette Syndrome Discrimination Lawsuit

Below is the age and disability discrimination complaint, captioned Staropoli v. St. Luke’s Cornwall Hospital and Debra Tompkins, 14 CV 3317, filed in the Southern District of New York on May 7, 2014. Plaintiff, who is 60 years old and suffers from Tourette Syndrome and Type II Diabetes, alleges, among other things, that “[b]y failing…

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