In many discrimination cases filed in a federal (U.S. District) court, the plaintiff asserts violations of various laws – including federal law (e.g., Title VII of the Civil Rights Act of 1964), state law (e.g., the New York State Human Rights Law), and city/local law (e.g., the New York City Human Rights law). But federal…
Read More Federal Court Exercises Supplemental Jurisdiction Over NYC Human Rights Law ClaimIn Green v. NYU Langone Medical Center, 2021 WL 1910549 (SDNY May 12, 2021), the court dismissed plaintiff’s federal claims of race discrimination and retaliation (asserted under Title VII of the Civil rights Act of 1964 and 42 U.S.C. 1981), and declined to exercise supplemental jurisdiction over plaintiff’s state and local law claims. The court…
Read More Race Discrimination Claims Dismissed Against NYU Langone Medical Center as Time-BarredIn a recent decision, Sanders v. New World Design Build, Inc. et al, 19-CV-1071, 2020 WL 1957371 (S.D.N.Y. April 23, 2020) – an employment discrimination and retaliation case – the court declined to exercise jurisdiction over defendants’ counterclaims. Defendants’ defamation counterclaim, for example, alleges that Plaintiff defamed them when he spoke with Defendant about his…
Read More Court Declines to Exercise Supplemental Jurisdiction Over Malicious Prosecution and Defamation Counterclaims in Discrimination & Retaliation CaseIn Artis v. District of Columbia, 2018 WL 491524 (U.S. Sup. Ct. Jan. 22, 2018), the U.S. Supreme Court interpreted a federal statute, 28 U.S.C. ยง 1367(d), which provides the timeframe for when state claims must be re-filed in state court after their dismissal from a federal action. In many cases, particularly employment discrimination cases,…
Read More SCOTUS Interprets Statute Relating to Timeframe For Refiling State Law Claims (Including For Employment Discrimination) When Federal Court Dismisses Them