2021

In Hawkins-El v. NYC Transit Authority, 18-cv-07167, 2021 WL 4222400 (EDNY Sept. 16, 2021), the court, inter alia, dismissed plaintiff’s disability-based hostile work environment claim (asserted under the Americans with Disabilities Act) against the New York City Transit Authority. Plaintiff identified twelve incidents that he alleged created a hostile work environment, including plaintiff’s superintendent (Micelotta)…

Read More Hearing Disability Hostile Work Environment Claim Dismissed Against NYC Transit Authority
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In Bearer v. Teva Pharmaceuticals USA, Inc. et al, 19-5415, 2021 WL 4145053 (E.D.Pa. Sept. 8, 2021), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment / sexual harassment claim arising from defendant’s President and CEO slapped plaintiff’s buttocks. The court distinguished this case from one in which the…

Read More Sexual Battery / Hostile Work Environment (Butt-Slapping) Claim Survives Summary Judgment Against Teva Pharmaceuticals
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The facts of Quan v. Macy’s, No. 159450/2019, 2021 WL 4080215 (N.Y. Sup Ct, New York County Sep. 08, 2021) are fairly straightforward: Plaintiff alleges that he paid defendant over $20,000 for a Rolex watch, and thereafter learned that the watch was “used” and had non-Rolex parts. Plaintiff sued. The court held that he sufficiently…

Read More Public Accommodation Discrimination Claims Dismissed in Case Against Macy’s Arising From Alleged Sale of “Used” Rolex
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In Tortorici v. Bus-Tev, LLC d/b/a Early Morning Seafood and Eric Tevrow, 17-cv-7507, 2021 WL 4177209 (S.D.N.Y. Sept. 14, 2021), the court granted defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims on her New York State and City Human Rights Laws. This case illustrates the principle that, in order to make…

Read More Lewd & Inappropriate, But Not Actionable: Sex-Based Hostile Work Environment Claim Dismissed
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In Eckhart v. Fox News Network, LLC and Ed Henry, 20-CV-5593, 2021 WL 4124616 (S.D.N.Y. Sept. 9, 2021), the court, in part, held that plaintiff’s retaliation claim survived dismissal. In her complaint, plaintiff alleges various forms of retaliation: (1) terminating her employment; (2) issuing a press release about alleged harasser Ed Henry’s termination; (3) filing a…

Read More Jennifer Eckhart’s Retaliation Claims Survive Against Fox News, Ed Henry
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Ordinarily on this blog I write about substantive and procedural legal issues arising in employment and personal injury litigation. But recently, the U.S. Court of Appeals for the Second Circuit issued a decision (more precisely, a “Summary Order”) that is instructive on an issue that potentially arises in litigation of all types, namely, the interpretation…

Read More Second Circuit: “As Of”, in Settlement Agreement, Means “On”
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In Eckhart v. Fox News Network, LLC and Ed Henry, 20-CV-5593, 2021 WL 4124616 (S.D.N.Y. Sept. 9, 2021), the court, in part, denied defendant Ed Henry’s motion to dismiss plaintiff Jennifer Eckhart’s claims for sex trafficking under Section 1591 of the Trafficking Victims Protection Act, 18 U.S.C. § 1591 (TVPA). The court summarized its holding…

Read More Sex Trafficking Lawsuit Against Ed Henry Survives Motion to Dismiss
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In Areu v. Fox News Network, LLC, 2021 WL 4124226 (SDNY Sept. 9, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim against Fox News, asserted under Title VII of the Civil Rights Act of 1964, because she failed to plausibly allege that she was Fox News’ “employee” within the meaning of the statute.…

Read More “Liberal Sherpa” Cathy Areu’s Title VII Gender Discrimination Claim Against Fox News Dismissed; Title VII “Employee” Status Insufficiently Alleged
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In Zheng-Smith v. Nassau Health Care Corporation, 2021 WL 4097316 (2d Cir. Sept. 9, 2021), the court, inter alia, affirmed summary judgment in favor of defendant on plaintiff’s race and national origin based hostile work environment claim. The court summarized the applicable black-letter law as follows: Hostile work environment claims under both Title VII and…

Read More Mocking of Accent, While Evidence of “Insult or Ridicule”, Insufficient to Support Hostile Work Environment Claim
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In Ragin v. Riverbay Corp., 20-2233-cv, 2021 WL 4057196 (2d Cir. Sept. 7, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s sex and disability discrimination claims. As to plaintiff’s sex discrimination claim, the court explained why the proffered “legitimate non-discriminatory” reason for plaintiff’s termination was not a “pretext” for discrimination. From…

Read More Sex Discrimination Claim Properly Dismissed on Summary Judgment; HR Director’s Failure to Act Resulting in Cost to Employer, Not Gender, Was Cause of Termination
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