After the plaintiff has filed and served the complaint, received the answer (or overcome a motion to dismiss), and conducted and completed discovery, we reach a point where a party may seek a remedy called “summary judgment.” (While technically a party may move for summary judgment before the close of discovery, it typically occurs after…
Read More Anatomy of a Lawsuit, Part 5: Summary JudgmentIn Chapman v. Oakland Living Center, Inc., No. 20-2361, 2022 WL 3954456 (4th Cir. Aug. 30, 2022), the U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court’s award of summary judgment to defendant on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of…
Read More Hostile Work Environment Claim, Based on Racial Slur by Child Who Was Supervisor’s 6-Year-Old Son (and Owner’s Grandson), Survives Summary JudgmentIn Page v. Half Hollow Hills Central School District, 16-cv-4710, 2019 WL 764748, (E.D.N.Y. Feb. 20, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim on the ground that plaintiff did not address that claim in his papers opposing the motion. Here, defendants sought summary judgment on…
Read More Hostile Work Environment Claim, Unaddressed in Summary Judgment Opposition, Deemed Abandoned