2022

In Oliver v. Penny, 2022 WL 2165814 (2d Cir. June 16, 2022), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s First Amendment retaliation claim. From the decision: Oliver argues that she engaged in protected speech by reporting sex discrimination and harassment and was retaliated against for doing so. But personal grievances, such as…

Read More First Amendment Retaliation Claim Properly Dismissed; Complaints of Sex Discrimination Etc. Were Not “Matters of Public Concern”
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In Henry v. Ground, No. 153458/2021, 2022 WL 2158368 (N.Y. Sup Ct, New York County June 10, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim asserted under the New York State and City Human Rights Laws. Plaintiff bases her claim on two incidents (one in July 2018, the other in…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Off-Premises Conduct by Co-Workers, Dismissed
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In McGrier v. Capital Cardiology, 1:20-cv-01044 (BKS/DJS), 2022 WL 2105854 (N.D.N.Y. June 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-promote race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted a number of adverse employment actions, including receipt of a corrective action notice, and…

Read More Race Discrimination Failure-to-Promote Claim Survives Dismissal
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In Mwangi v. Passbase, Inc. et al, 21-cv-6728, 2022 WL 2133734 (S.D.N.Y. June 14, 2022), the court, inter alia, dismissed plaintiff’s discrimination claims under 42 U.S.C. § 1981. At all relevant times, plaintiff worked remotely from Berlin, Germany, and was not in the U.S. when the alleged discrimination took place. As to plaintiff’s § 1981…

Read More Germany-Based Plaintiff’s Discrimination Claims Dismissed on Geographic Grounds
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In Matter of Nonhuman Rights Project, Inc. v. Breheny, 2022 NY Slip Op 03859 (N.Y. Ct. App. June 14, 2022), the New York Court of Appeals affirmed a lower court’s determination that the writ of habeas corpus is unavailable where the liberty interest at issue is not that of a “human being,” but rather of an…

Read More [Un]Happy Result: Elephants, as Nonhuman Beings, May Not Invoke Habeas Corpus
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In Kirstyn Crawford v. American Broadcasting Co., Inc., No. 157874/2021, 2022 WL 2066925 (N.Y. Sup Ct, New York County June 08, 2022), the court granted individual defendant Michael Corn’s motion to dismiss plaintiff’s hostile work environment sexual harassment claims, asserted under the New York State and City Human Rights Laws, as time-barred. Plaintiff (an ABC…

Read More Hostile Work Environment Sexual Harassment Claims Dismissed, as Time-Barred, Against Former ABC Producer Michael Corn
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In Doe v. Louis Leonelli et al, brought under the New York City Victims of Gender-Motivated Violence Act, NYC Administrative Code § 10-1105, the court denied plaintiff’s (unopposed) motion to proceed pseudonymously. The court stated the applicable black-letter law as follows: Rule 10(a) of the Federal Rules of Civil Procedure provides that the “title of…

Read More Plaintiff May Not Proceed Pseudonymously in Priest Sex Abuse Case
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In Ilana Gamza-Machado de Souza v. Planned Parenthood Federation of America, Inc. et al, 21 Civ. 5553 (LGS), 2022 WL 2047580 (S.D.N.Y. June 7, 2022), the court held that plaintiff, a Jewish woman, plausibly alleged retaliation claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Jewish Woman Sufficiently Alleges Retaliation Against Planned Parenthood
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In Oluwo v. Sutton, No. 2019-13814, 2260/19, 2022 N.Y. Slip Op. 03734, 2022 WL 2057838 (N.Y.A.D. 2 Dept. June 08, 2022), the Appellate Division, Second Department modified a lower court order, and held that plaintiff sufficiently alleged claims of national origin-based discrimination (under the New York State Human Rights Law), and hostile work environment (under…

Read More Nigerian Plaintiff’s National Origin Discrimination and Hostile Work Environment Claims Should Have Not Have Been Dismissed, Court Holds
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In Leroy v. Delta Air Lines, Inc., 2022 WL 2069281 (2d Cir. June 9, 2022), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107(7). This case arose from an incident in which a passenger allegedly called plaintiff flight attendant a…

Read More Retaliation Claim, Based on Alleged Racial Comment by Airline Passenger, Properly Dismissed
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