February 2011 – Pospis Law, PLLC

February 27, 2011 by mjpospis

Section 1981 Inapplicable to Discrimination Based on Religion

In Kampfer v. Buchanan et. al., No. 1:10-CV-1234 (N.D.N.Y. Feb. 18, 2011), the court dismissed plaintiff’s claim – brought under 42 U.S.C. 1981 (“Section 1981”) – which was solely based on defendant’s alleged comment alluding to the parties’ “Mormon contract”. Plaintiff alleged that this constituted racial discrimination that interfered with his ability to make and enforce a…

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

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…

Bad Dog! Summary Judgment for Woman Knocked Down by Overenthusiastic Pooch

Plaintiff was injured after her son-in-law’s dog knocked her down. Supreme Court (Kings Cty.) denied defendant’s, and granted plaintiff’s, respective motions for summary judgment. (See Bannout v. McDaniels, 9920/09 (NYLJ 1202479668419, at *1)). The court denied defendant’s motion for summary judgment – which was premised on plaintiff’s failure to offer evidence that an “insufficient handrail” proximately…