Court Awards Summary Judgment to Plaintiff on Wage Claims; Employer Kept No Records And Admitted to Failing to Pay Plaintiff as Required by Law

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In Alladin v. Paramount Management LLC, the Southern District of New York recently granted summary judgment to plaintiff on various issues relating to her unpaid wage claims under the Fair Labor Standards Act and the New York Labor Law, but denied it with respect to plaintiff’s race discrimination claim. Plaintiff worked for defendant for two…

Read More Court Awards Summary Judgment to Plaintiff on Wage Claims; Employer Kept No Records And Admitted to Failing to Pay Plaintiff as Required by Law
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The U.S. Court of Appeals for the Second Circuit recently affirmed (by summary order) a dismissal of a claim, arising from a female student’s alleged harassment and bullying, under Title IX of the Education Amendments of 1972. The decision is KF ex rel. CF v. Monroe Woodbury Central School Dist., 13-516-cv, decided August 27, 2013. Plaintiffs…

Read More Second Circuit Affirms Dismissal of Title IX School Bullying Claim
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In Viruet v. Port Jervis City School Dist., the Southern District of New York held that plaintiff, a Hispanic bus driver for defendant school district, presented enough evidence on her Title VII discrimination claim to defeat defendant’s motion for summary judgment. Plaintiff claimed that defendant refused to permit her to “bid” for a contract bus run,…

Read More Plaintiff Defeats Summary Judgment on National Origin, Race, and Color Discrimination Claims; Claims Not Precluded By Collective Bargaining Agreement
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In Dall v. St. Catherine of Siena Medical Center, the Eastern District of New York denied defendant’s motion for summary judgment as to plaintiff’s gender discrimination claim, but granted it as to his hostile work environment and retaliation claims. Plaintiff (who is male) resigned after a female co-worker (Birmingham) filed an internal complaint of sexual…

Read More Gender Discrimination, But Not Hostile Work Environment and Retaliation Claims, Survive Summary Judgment
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The Appellate Division, First Department this week held, in Tadmor v. New York Jiu Jitsu, that the defendant should have been granted summary judgment on plaintiff’s claim arising from an injury to his left knee while sparring with another student in a mixed martial arts class. The court held that plaintiff, who served in the…

Read More Israeli Army-Trained Martial Artist Assumed the Risk of Injury
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The Eastern District of New York recently held, in Litras v PVM Intern. Corp., that plaintiff plausibly alleged various claims relating to non-payment of wages and retaliation. Plaintiff – who was employed by PVM as an export manager – alleged that her employment was terminated because she testified against defendants (the Sabhnanis) in a federal…

Read More Plaintiff Adequately Alleged Overtime, Vacation Pay, Retaliation, and Civil Rights Conspiracy Allegations
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Today Judge Reyes of the Eastern District decided Cabrera v. Fresh Direct, which narrowly interprets the waiver provision of New York’s Whistleblower Statute, Labor Law § 740. Plaintiff initially alleged gender and disability discrimination claims under the New York City Human Rights Law.  She then sought to amend her complaint to add a § 740 claim. That claim…

Read More City Human Rights Law Claims Are Not Barred By Whistleblower Law’s Election of Remedies Provision
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A Nassau County trial court recently granted summary judgment to a plaintiff whose car was hit while stationary.  The case is Fontaine v. Curtin, 5659/12, NYLJ 1202616726798, at *1 (Sup., NA, Decided July 26, 2013). The facts: Plaintiff … was traveling westbound on Lafayette Street and came to a stop at the stop sign located at…

Read More Court Awards Summary Judgment to Plaintiff Whose Car Was Hit While Stopped
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In a recent Summary Order the Second Circuit, in Dowrich-Weeks v. Cooper Sq. Realty, affirmed the dismissal of plaintiff-appellant’s discrimination, constructive discharge, and hostile work environment claims.  This case illustrates, by negative example, what an employment discrimination plaintiff must allege to survive a motion to dismiss. Discrimination – No “Adverse Action” The court found that plaintiff…

Read More Second Circuit Affirms Dismissal of Discrimination, Constructive Discharge, and Hostile Work Environment Claims
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