In 1992, Stella Liebeck suffered significant burn injuries after spilling McDonald’s coffee on herself. She sued, and eventually received compensation. Much has been written about the case; a 2011 movie, “Hot Coffee“, focused on the extent to which the public’s largely unfavorable perception of the case and Ms. Liebeck was based on a significant and pervasive…
Read More John Kasich, Tort Reform, and Hot CoffeeIn Ocana v. Quasar Realty Partners L.P., 2016 NY Slip Op 01902 (App. Div. 1st Dept. March 17, 2016), the court unanimously affirmed an order granting plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) cause of action. From the decision: Plaintiff made a prima facie showing of his…
Read More Wobbly Ladder Leads to Summary Judgment for Plaintiff in Labor Law 240(1) Construction Accident CaseIn Graziadio v. Culinary Institute of America et al, 15-888-cv (2nd Cir. March 17, 2016), the Second Circuit vacated a district court’s Order granting defendants summary judgment and dismissing plaintiff’s claims under the Family and Medical Leave Act (FMLA). Here are the facts, as summarized by the court: Plaintiff Cathleen Graziadio, an employee at the…
Read More FMLA Retaliation and Interference Claims Survive Summary Judgment; Case Continues Against HR Director as FMLA “Employer”; ADA “Associational Discrimination” Claim Properly DismissedIn Christiansen v. Omnicom Group Inc., 15-cv-3440 (SDNY March 9, 2016), the court dismissed discrimination claims brought by plaintiff, an HIV-positive openly-gay man. The court dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act and the NYS Human Rights Law. As to plaintiff’s hostile work environment claim, the court explained: Statements…
Read More Court Declines to Extend Title VII to Cover Discrimination Based on Sexual OrientationIn a recently-filed class action complaint, captioned Suchowieski et al v. Verboten (EDNY 16-cv-01295 filed 3/15/16), plaintiffs allege that Brooklyn nightclub and their owners – Jen Schiffer and her husband, John Perez – committed various acts of wrongdoing against their employees. The complaint alleges, for example, that “[d]efendants’ female employees are subjected to persistent sexual…
Read More Sexual Harassment, Hostile Work Environment, and Wage Lawsuit Against Brooklyn Club VerbotenIn Regan v. City of Geneva, 136 A.D.3d 1423, 25 N.Y.S.3d 515 (N.Y. App. Div. 4th Dept. Feb. 11, 2016), the court held that plaintiff stated a claim for disability discrimination under the NYS Human Rights Law (NY Executive Law § 290 et seq.) and the federal Rehabilitation Act of 1973 (29 USC § 701…
Read More Police Officer’s 9/11 PTSD Psychological Disability Discrimination Claim Adequately AllegedIn Llanos v. T-Mobile USA, Inc., 132 A.D.3d 823, 824, 18 N.Y.S.3d 666, 667 (N.Y. App. Div. 2d Dept. 2015), the Second Dept. reversed a state court decision dismissing plaintiff’s claims under section 8-107 of the NYC Administrative Code (aka the NYC Human Rights Law/NYCHRL). Plaintiff alleged in her complaint that she was subjected to employment discrimination, quid…
Read More Discrimination Claims Under Comparatively Broad NYC Human Rights Law Were Not Duplicative of State Law ClaimsThe Southern District of New York’s recent decision in Robinson v. Vineyard Vines, LLC, No. 15CIV4972VBJCM, 2016 WL 845283 (S.D.N.Y. Mar. 4, 2016) provides an example of how the work product doctrine operates in the context of an employment discrimination/sexual harassment case. In this case, plaintiff alleged that another employee “repeatedly sexually harassed her and…
Read More Investigative Documents in Sexual Harassment Case Were Protected as Work ProductIn a recent complaint, captioned Johnson v. J. Walter Thompson U.S.A., LLC et al, SDNY 16-cv-01805 filed March 10, 2016, plaintiff asserts various employment-related claims – including gender discrimination, race discrimination, hostile work environment, sexual harassment, and retaliation – against J. Walter Thompson and its Chair/CEO Gustavo Martinez. Among the disturbing allegations: Despite Johnson’s success as…
Read More Race/Gender Discrimination, Sexual Harassment, Hostile Work Environment, Retaliation Lawsuit Against J. Walter Thompson and Gustavo MartinezIn a March 11, 2016 Opinion and Order, Southern District of New York judge Gregory Woods dismissed the lawsuit filed by Paul Nungesser against Columbia University and others alleging violations of, inter alia, Title IX of the Education Amendments of 1972. This case arises from rape allegations made against him by fellow student Emma Sulkowicz. Specifically, plaintiff…
Read More Court Dismisses Alleged Columbia Rapist’s Title IX Lawsuit