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On August 30, 2011, the National Labor Relations Board issued a final rule, entitled “Notification of Employee Rights Under the National Labor Relations Act“.  In sum, the final rule (which takes effect on November 14, 2011) requires employers to notify their employees of the employees’ rights under the National Labor Relations Act by posting a notice, establishes the…

Read More NLRB Issues Final Rule Regarding Employee Rights Under the NLRA

Montes v. Collins Enterprises, LLC et al., No. 106308/08 (NY Sup. July 8, 2011): Plaintiff, an employee of a non-party subcontractor, sustained injuries when he “stepped on a round wooden doorknob” in a room of an apartment where he was working.  Plaintiff alleged violations of Labor Law §§ 200, 240(1), and 241(6) against the owner and…

Read More NY Supreme (NY Cty.): Worker injured after slipping on doorknob at worksite may proceed on Labor Law § 241(6) claim based on Industrial Code § 23-1.7(e)(2)

Gomez v. Village of Sleepy Hollow, 2011 WL 2652439 (SDNY July 6, 2011): Facts / Procedure After allegedly seeing her husband being assaulted by several members of the police and repeated, unsuccessful attempts to seek police help, plaintiff grabbed the arm of one officer (Quinoy) and demanded that he stop.  In response, Quinoy “picked her up…

Read More SDNY: no qualified immunity for police officer who picked up and threw non-threatening plaintiff to the ground

Bradley v. Town of Cheektowaga et al., 2011 WL 2713486 (WDNY July 13, 2011): Following his arrest (during which plaintiff claimed he was beaten by the arresting officers, handcuffed, and subjected to pepper spray), plaintiff sued individual police officers and the Town of Cheektowaga, alleging excessive force, denial of medical treatment, malicious prosecution, false arrest, assault, and…

Read More Arrestee overcomes summary judgment on excessive force, assault claims

St. Louis v. Town of North Elba, 16 N.Y.3d 411 (March 31, 2011):  Court of Appeals upheld denial of summary judgment to defendant property owner. Plaintiff maintenance worker was injured when a section of pipe fell on him after being released by a “hydraulic-operated clamshell bucket attached to the bucket arm of a front-end loader”,…

Read More NY Court of Appeals: Function, Not Name, of Injury-Causing Machine Dictates Appropriateness of Industrial Code Section Forming Basis for Labor Law 241(6) claim

This article, inspired by the apparent recent public dissemination of the Coca-Cola formula (albeit an earlier version of the formula), succintly highlights the difference between the protections provided by patent law, on the one hand, and trade secret law, on the other.  Simply put, patent law arguably offers more comprehensive protection, but provides that protection for a limited…

Read More Why Coca-Cola Never Patented Its Formula

In Badiak v. Education and Assistance Corp., 2011 WL 233901 (E.D.N.Y. Jan. 24, 2011), Plaintiff asserted several causes of action (under federal and state law) alleging age discrimination, retaliation, and hostile work environment against her former employer, a non-profit agency that provided “educational, vocational, counseling, mediation and intervention services” and ran “learning centers” that functioned as “alternative high school programs…

Read More Section 1983 Claim Against Private School Dismissed Because Complained-Of Acts Were Not Committed Under Color of State Law