August 13, 2014 – Pospis Law, PLLC

August 13, 2014 by mjpospis

Rear-Ended Plaintiff Not Entitled to Summary Judgment in Car Accident Case

In Amador v. City of New York, decided August 13, 2014, the Appellate Division, Second Department explained: A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a…

Not Every Complaint of Discrimination is “Protected Activity” Sufficient to Give Rise to a Retaliation Claim

In Semmler v. County of Monroe, decided August 6, 2014, the Western District of New York reiterated that not all complaints of perceived discrimination will constitute “protected activity” necessary to make out a claim of retaliation. Specifically: A plaintiff cannot establish a prima facie case of retaliation [under Title VII] unless she has engaged in protected activity.…