Subject Matter Jurisdiction

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In Miranda v. YBJ Incorporated, 2023 WL 3122876, at *2–3 (S.D.N.Y. April 27, 2023), the court dismissed plaintiff’s employment discrimination claim ,asserted under the New York State Human Rights Law. From the decision: Defendants argue the Court may not exercise supplemental jurisdiction over plaintiff’s NYSHRL claim3 because it arises from facts unrelated to plaintiff’s FLSA…

Read More Discrimination Claim Dismissed for Lack of Subject Matter Jurisdiction; Wage Claim Continues
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In Minor v. Home Depot U.S.A., Inc., No. 152483/2022, 2022 WL 4552071 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed – for lack of subject matter jurisdiction – plaintiff’s claims of sexual orientation and gender discrimination asserted under the New York City Human Rights Law. The court explained: Even accepting the…

Read More NYC Human Rights Law Sexual Orientation, Gender Discrimination Claims Dismissed; “Tangential Connections” to NYC Insufficient to Confer Subject Matter Jurisdiction
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In Shiber v. Centerview Partners LLC, 21 Civ. 3649, 2022 WL 1173433 (S.D.N.Y. April 20, 2022), the court dismissed plaintiff’s disability discrimination claims asserted under the New York State and New York City Human Rights Laws. This decision is instructive as to how courts apply those statutes’ geographic (“impact”) test in the increasingly-prevalent factual context…

Read More NYCHRL Disability Discrimination Claim Dismissed; Geographic “Impact” Requirement Not Satisfied
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In Maher v. Nusret New York LLC, 2022 WL 443619 (S.D.N.Y. Feb. 14, 2022), the court granted plaintiff’s motion to remand this case back to state court, due to the absence of federal subject matter jurisdiction. From the decision: The purported federal question raised, in defendant’s view, is whether CPLR § 7515 is preempted by…

Read More Hostile Work Environment Case Against Nusret New York Remanded to State Court; Federal Question Not Raised By Alleged Arbitration Preemption
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In Reyes v. Westchester County Health Care Corporation, d/b/a Westchester Medical Center et al, 2021 WL 4944285 (2d Cir. Oct. 25, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. While the court held that the district court erred in dismissing plaintiff’s claims asserted under the New York State Human…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Insufficient to State Claim for Relief
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In Pakniat v. Moor, 2021 NY Slip Op 01856 (App. Div. 1st Dept. march 25, 2021), the court affirmed the dismissal of plaintiff’s sexual harassment and retaliation claims under the New York State and City Human Rights Laws, on the ground that the court lacked subject matter jurisdiction over those claims. Here, the plaintiff was…

Read More Sexual Harassment & Retaliation Claims Dismissed; Court Lacked Subject Matter Jurisdiction Over NY State and City Human Rights Law Claims Asserted by Montreal-Based Plaintiff
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In Bush v. Alliant Content, LLC, No. 151495/2020, 2021 WL 1204987 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed, with prejudice, plaintiff’s claim of employment discrimination under the New York City Human Rights Law (NYCHRL). While that statute is comparatively broader than its federal and state counterparts, it will not apply…

Read More Finding Insufficient Connection to New York City, Court Strikes NYC Human Rights Law Claim From Employment Discrimination Complaint
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In a recent Order, captioned Bolanos v. Tanieka Misa Hooten, 21-cv-336 (SDNY Feb. 11, 2021) – a case in which plaintiff asserts a violation of New York City’s “Freelance Isn’t Free Act” (codified at N.Y.C. Admin. Code § 20-927 et seq) – the U.S. District Court for the Southern District of New York granted defendant’s motion…

Read More Court Dismisses “Freelance Isn’t Free Act” Case For Lack of Subject Matter Jurisdiction
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A recent decision, Hager v. Steele, 2020 WL 4345735 (S.D.N.Y. July 29, 2020), provides a neat refresher of Civil Procedure basics, and could easily form the basis for a first-year law school exam – or even a Bar Exam (‘Tis the season) – question. Plaintiff initially filed the action in state court – alleging, inter…

Read More Age Discrimination Case Will Remain in Federal Court; Motion to Remand Denied
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In Culler v. New York State Unified Ct. Sys., 2019 NY Slip Op 32134(U) (Sup. Ct. Kings Cty. July 7, 2019), the court, inter alia, dismissed plaintiff’s race discrimination and hostile work environment claims asserted under the New York City Human Rights Law on the grounds of sovereign immunity, explaining:[1]As noted by the court, the…

Read More NYCHRL Discrimination Claims Dismissed Against New York State Unified Court System
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