October 2021

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In Horror Inc. v. Miller, 15 F.4th 232 (2d Cir. Sept. 30, 2021), the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision holding that screenwriter Victor Miller held authorship rights with respect to the movie Friday the 13th. From the decision: This dispute concerns whether, for Copyright Act purposes, the…

Read More “Friday the 13th” Screenwriter Victor Miller Had Authorship Rights, Court Holds
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In Berry v. Town of Front Royal, Virginia, 21-cv-00001, 2021 WL 4895204 (W.D. Va. Oct. 20, 2021) – a sexual harassment and retaliation case involving allegations of unwanted touching and inappropriate remarks – the court granted plaintiff’s motion to compel discovery. At issue were two document requests: 27. All documents submitted by Defendant to, or…

Read More Court Grants Motion to Compel Discovery Regarding Other Instances of Sexual Harassment
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In Patalonis v. Outreach Development Corp., 19-CV-01306, 2021 WL 5013796 (E.D.N.Y. Oct. 27, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. As to Title VII, the court explained: To establish…

Read More Religious Discrimination Claims Survive Dismissal; Termination Followed Advising Patient to Pray
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In Lemanski v. SFM Realty Corp., No. 150261/2021, 2021 WL 4973959 (N.Y. Sup Ct, New York County Oct. 26, 2021), the court, inter alia, held that plaintiff stated claims for gender- and religion-based discrimination (but not age discrimination) under the New York City Human Rights Law. From the decision: The sole element of plaintiff’s prima…

Read More Gender & Religious Discrimination Claims Sufficiently Alleged on “Disparate Discipline” Theory
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In Pollock v. Dermot Shea & City of New York, 20-cv-6273, 2021 WL 4962736 (S.D.N.Y. Oct. 26, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims against the defendants under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. Initially, the court…

Read More Court: Gender Discrimination Claims Sufficiently Alleged Against City of New York and Individual Defendant
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In Ndugga et al v. Bloomberg L.P. et al, 20-cv-7464, 2021 WL 4952486 (S.D.N.Y. Oct. 25, 2021), the court, inter alia, held that a plaintiff sufficiently alleged a gender-based hostile work environment (specifically, that she was “treated less well”) because of her gender, under the New York City Human Rights Law. From the decision: Ms.…

Read More Gender-Based Hostile Work Environment Claim Sufficiently Alleged Against Bloomberg L.P.
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In Reyes v. Westchester County Health Care Corporation, d/b/a Westchester Medical Center et al, 2021 WL 4944285 (2d Cir. Oct. 25, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. While the court held that the district court erred in dismissing plaintiff’s claims asserted under the New York State Human…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Insufficient to State Claim for Relief
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In Biehner v. City of New York et al, 19-CV-9646, 2021 WL 4924838 (S.D.N.Y. Oct. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of gender/pregnancy discrimination under Title VII of the Civil Rights Act of 1964. From the decision: In any event, the plaintiff has not pleaded adequately the other elements required for her…

Read More Court Dismisses Title VII Gender/Pregnancy Discrimination Claim Against the City of New York
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In Lopez v. City of New York, 16-cv-4934, 2021 WL 4893624 (E.D.N.Y. Oct. 20, 2021), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race- and national origin-based hostile work environment claim(s) asserted under Title VII of the Civil Rights Act of 1964. From the decision: The plaintiff here does not rely…

Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed; Alleged Comments Amounted to “Isolated Incidents of Racial Enmity”
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In Roberts v. Glenn Industrial Group, Inc. et al, 3:17CV745-GCM2021, WL 4928462 (W.D.N.C. Oct. 21, 2021), the court held that triable issues of fact regarding plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, warranted denial of defendants’ motion for summary judgment. From the decision: Viewed…

Read More Male Plaintiff’s Sexual Harassment Case Survives Summary Judgment
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