Unjust Enrichment

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In Lively v. Wafra Inv. Advisory Group, Inc., No. 154121/2021, 2022 WL 195735 (N.Y. Sup Ct, N.Y. Cty., Jan. 21, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age discrimination claim under the New York State Human Rights Law (N.Y. Exec. Law § 290, et seq.) and the New York City Human…

Read More “Advanced Age” Discrimination Claim Dismissed; Alleged Sexual Harassment Was Reason For Termination
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The facts of Quan v. Macy’s, No. 159450/2019, 2021 WL 4080215 (N.Y. Sup Ct, New York County Sep. 08, 2021) are fairly straightforward: Plaintiff alleges that he paid defendant over $20,000 for a Rolex watch, and thereafter learned that the watch was “used” and had non-Rolex parts. Plaintiff sued. The court held that he sufficiently…

Read More Public Accommodation Discrimination Claims Dismissed in Case Against Macy’s Arising From Alleged Sale of “Used” Rolex
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In Downey v. Adloox Inc., No. 16-CV-1689 (JMF), 2017 WL 816141 (S.D.N.Y. Feb. 28, 2017) (J. Furman), the court held that plaintiff – who was directly employed by a wholly-owned domestic subsidiary of a foreign company – sufficiently stated claims of age discrimination under the Age Discrimination in Employment Act and the New York State and…

Read More Age Discrimination Sufficiently Alleged Against Ad Company Adloox, Inc.
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A female partner at the law firm of Chadbourne & Parke LLP filed a Manhattan federal lawsuit (captioned Kerrie Campbell v. Chadbourne & Parke LLP et al, SDNY 16-cv-6832), which “seeks relief on behalf of herself and other female Partners who have been disparately underpaid, systematically shut out of Firm leadership, demoted, de-equitized and terminated.”

Read More Gender Discrimination Class-Action Lawsuit Against Chadbourne & Parke
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In Holahan v. 488 Performance Group, Inc., 2016 NY Slip Op 04311 (App. Div. 1st Dept. June 2, 2016), the court affirmed the dismissal of plaintiff’s breach-of-employment-contract claim, as well as her claims of unjust enrichment, promissory estoppel, fraud, and negligent misrepresentation. From the decision: Plaintiff’s breach of contract claim, which alleged that the corporate defendant…

Read More Breach of Employment Contract Claim Properly Dismissed
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The New York State and City Human Rights Laws are powerful weapons in the civil rights plaintiff’s arsenal. For example, they reach a broader range of people, and offer broader coverage, than their federal counterparts. However, as illusratd by a recent First Department decision, Benham v. eCommission Solutions (decided June 24, 2014), they are limited…

Read More Citing Geographical Limitations of NY State and City Human Rights Laws, First Department Dismisses Plaintiff’s Employment Discrimination Complaint
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Below is plaintiff Robert Atkins’ complaint against Metronome Events, recently filed in New York state court. Plaintiff, who worked as a bartender, alleges that he was paid $150 for each of 140 events he worked, and that defendants unlawfully withheld service charges and gratuities from him. He asserts claims under the New York Labor Law (namely, Labor…

Read More Bartender Seeks Withheld Service Charges/Gratuities From High-Profile Event Planner
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