Breach of Contract

Many employers use handbooks or manuals that provide details and instructions to employees regarding the terms and conditions of employment. Under certain limited circumstances, an employment manual/handbook may the source of contractual rights. A recent decision, Kunda v. Caremark PhC, L.L.C., No. 14-CV-6125 JFB AYS, 2015 WL 4768817 (E.D.N.Y. Aug. 13, 2015), addresses the issue. In that case, the…

Read More CVS’ Employment Handbook Was Not a Contract, Court Holds

Model/actress Shoshana Roberts made headlines awhile back when she made a video, titled “10 Hours of Walking in NYC as a Woman”, to illustrate the issue of “street harassment”. In a recently-filed $500,000 lawsuit, she asserts against various defendants (including Rob Bliss Creative LLC, Hollaback! Inc., Google, and YouTube) the following claims: [Q]uantum meruit, breach of…

Read More Street Harassment Model Shoshana Roberts’ Lawsuit Against Google, Hollaback!, etc.

In a lawsuit filed on May 6, 2015 in the Supreme Court of the State of New York and captioned Hayblum v. Life Alert Emergency Response, Inc. et al, plaintiff alleges that his former employer – the company known for its “Help, I’ve fallen and I can’t get up!” advertisements – subjected him to employment…

Read More Employment Discrimination Lawsuit Against the “I’ve Fallen and I Can’t Get Up” Company

In a March 6, 2015 decision, the New York Supreme Court recently dismissed “Dating Naked” contestant Jessie Nizewitz’s $10 million lawsuit against Viacom. In sum, plaintiff alleged that although defendants promised her “that all frontal and genital nudity would be blurred out when the show was broadcast”, defendants “did not blur out her vagina and…

Read More “Dating Naked” $10 Million Lawsuit Dismissed

In Miron Properties, LLC v. Eberli (App. Div. March 10, 2015), a breach of contract/brokerage commission case, the Appellate Division, First Department affirmed summary judgment for defendant dismissing the complaint. In ruling for defendant, the court (tersely) stated: Defendants demonstrated that plaintiff was not entitled to a brokerage commission with respect to defendant limited liability…

Read More No Brokerage Commission Due Where Plaintiff Did Nothing to Procure Sale