Jury Instructions Erroneous – Pospis Law, PLLC

March 17, 2018 by mjpospis

2d Circuit: Lower Court Mistakenly Applied Higher Standard for Punitive Damages Under the NYC Human Rights Law

In Chauca v. Abraham, 2018 WL 1352351 (2d Cir. March 16, 2018), the U.S. Court of Appeals for the Second Circuit held that the district court erred in declining to submit the question of punitive damages to the jury under the New York City Human Rights Law. In a prior opinion,[1]Chauca v. Abraham, 841 F.3d…

New Trial on Retaliation Claims Granted Due to Erroneous Jury Charge; Alleged Incidents Should Have Been Considered in the Aggregate

In Young v. Town of Islip et al, 2017 WL 5468752 (E.D.N.Y. Nov. 13, 2017), the court explained the difference between an “adverse employment action” in the discrimination context, vs. an “adverse employment action” in the retaliation context. The court held that the jury instructions on plaintiff’s retaliation claims – but not her race discrimination…

2d Circuit Adopts “Negative Factor”, Rather Than “But For”, Causation Standard For FMLA Retaliation Claims

In Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318-CV, 2017 WL 3044628 (2d Cir. July 19, 2017), the Second Circuit clarified the causation standard for retaliation claims brought under the Family & Medical Leave Act of 1993 (FMLA). One FMLA regulation, 29 C.F.R. 825.220(c), provides: The Act’s prohibition against interference prohibits an employer…