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Whistleblower Law

From D’Antonio v. Little Flower Children & Family Services of New York et al, 17-cv-1221, 2018 WL 1385897 (E.D.N.Y. March 19, 2018): This Court is persuaded by Judge Lynch’s reasoning in Collette, and based on the facts presented in this case, holds that Plaintiff’s hostile work environment and retaliation claims under Title VII and Section […]

In Ryan v. New York City Health & Hosps. Corp., 2017 NY Slip Op 32627(U) (Sup. Ct. NY Cty. Index 152457 /17 Dec. 15, 2017), the court, inter alia, dismissed plaintiff’s New York Labor Law 740 whistleblower claim. This action arose from an incident in which plaintiff was “attacked and forcibly pushed” by another employee, resulting in […]

In Ada Damla Demir, Plaintiff-Respondent, v. Sandoz Inc., et al., Defendants-Appellants., 2017 WL 5328744 (App. Div. 1st Dept. Nov. 14, 2017), the court held that plaintiff sufficiently alleged violations of New York’s Whistleblower Law (Labor Law 740) and employment discrimination claim (under the New York State Human Rights Law). Initially, the court held that plaintiff’s Whistleblower […]

In Mehulic v. New York Downtown Hosp., 2017 NY Slip Op 06416 (App. Div. 1st Dept. Sept. 12, 2017), the court reversed the trial court’s Order granting defendant summary judgment on plaintiff’s retaliation claim under Labor Law § 741 on the ground of collateral estoppel. From the decision: However, the motion court erred in finding that plaintiff’s […]

In Ruiz v. Lenox Hill Hosp., No. 160377/15, 2017 WL 213802 (N.Y. App. Div. 1st Dept. Jan. 19, 2017), the First Department affirmed (in part) a lower court’s decision addressing plaintiff’s claims under New York’s general and health-care whistleblower laws (N.Y. Labor Law §§ 740 and 741) Here are plaintiff’s allegations, as summarized by the court: […]

In Yang v. Navigators Group, Inc., No. 16-77-CV, 2016 WL 7436485 (2d Cir. Dec. 22, 2016) (Summary Order), the court vacated an award of summary judgment in favor of defendant Navigators Group, Inc. on plaintiff’s claim of retaliatory discharge for protected whistleblowing activity in violation of Section 806 of the Sarbanes-Oxley Act (“SOX”). The law: To […]

In a recent Brooklyn federal lawsuit, captioned Fischer v. WW Bakers LLC (EDNY 16-5103), plaintiff (a baker) asserts, inter alia, that defendant violated New York’s general whistleblower law, NY Labor Law 740, after he advised his employer about bug-infested flour. That statute, inter alia, provides: An employer shall not take any retaliatory personnel action against […]

In Sciddurlo v. Financial Indus. Regulatory Auth., 2016 NY Slip Op 08061 (App. Div. 2nd Dept. Nov. 30, 2016), the court reversed the lower court’s dismissal of plaintiff’s age discrimination claims asserted under the New York State and New York City Human Rights Laws. Specifically, it held that the New York whistleblower statute’s waiver provision, New York […]

In Von Maack v. Wyckoff Heights Med. Ctr., 140 A.D.3d 1055 (N.Y. App. Div. 2d Dept. June 22, 2016), the court held that (1) an arbitration determination that plaintiff was terminated for just cause did not collaterally estop her from pursuing a retaliation claim under New York’s “health care whistleblower law”, codified at New York Labor Law […]

In Castro v. City of New York, No. 1036, 2016 WL 3919217(N.Y. App. Div. 1st Dept. July 21, 2016), the court held that a plaintiff asserting a claim under Civil Service Law § 75-b – the public-sector-employee whistleblower statute – is not required to file a notice of claim. That statute, as summarized by the court, […]