Judge Mills – Pospis Law, PLLC

December 5, 2014 by mjpospis

Plaintiffs Sufficiently Allege “Disparate Treatment” and “Disparate Impact” Age Discrimination Claims Against Time Warner Cable

In Bennett v. Time Warner Cable, the Supreme Court, New York County, held that plaintiffs sufficiently pleaded age discrimination claims under both a “disparate treatment” and “disparate impact” theory. Here are the alleged facts, as summarized by the court: Plaintiffs, whose ages range between 51 and 69, are employees of TWC, and until about September…

Court Orders Production of Materials Relating to Internal Sexual Harassment Investigation

In Jackson v. OpenCommunications Omnimedia, LLC, the New York State Supreme Court ordered defendants to produce “all documents and notes related to an internal investigation conducted … in connection with the Plaintiff’s complaints of sexual harassment and discrimination.” Defendants resisted production on the ground of privilege. Citing the liberal discovery principles embodied in CPLR 3101, the court granted…

Slip/Fall Case Continues, Based on Statement by Store Manager Regarding Notice of Condition

In Elhorin v. Western Beef, Inc., the court denied defendants’ summary judgment motion seeking dismissal of plaintiff’s personal injury slip-and-fall lawsuit. Plaintiff alleged that he sustained injuries when he slipped and fell on a piece of cardboard on the floor of defendant’s supermarket. As is common in these cases, defendant argued that it did not…