Author: mjpospis

by

In Kearney v Papish, 2016 NY Slip Op 00697 (App. Div. 2nd Dept. Feb. 3, 2016), a medical malpractice action, the court affirmed the denial of a motion to set aside a defense verdict. This decision is instructive as to when an expert has deemed material “authoritative” such that they may be confronted with it on…

Read More Medical Text Properly Used During Cross-Examination; Court Rejects Purported “Semantic Trick” as to the “Authoritative” Status of Work
Share This:
by

The First Department’s recent decision in Rios v 1146 Ogden LLC, 2016 NY Slip Op 01420 (App. Div. 1st Dept. Feb. 25, 2016) illustrates one way in which a plaintiff injured on someone’s property can overcome summary judgment. There, the plaintiff alleged that she was injured “when she was caused to fall in the bathroom of her…

Read More Complaints to Live-In Super Sufficient Evidence of Notice to Overcome Summary Judgment in Apartment Tile Injury Case
Share This:
by

The New York State Division of Human Rights has released its “Guidance on Sexual Harassment For All Employers in New York State.” It provides, among other things: The provisions of the [New York State] Human Rights Law generally apply to employers with four or more employees. However, with regard specifically to sexual harassment, the Human…

Read More NYS Division of Human Rights Issues Guidance on Sexual Harassment to New York State Employers
Share This:
by

In Riddle v. Citigroup, 15-233-cv, a Second Circuit Summary Order issued today, the court held that the district court properly dismissed plaintiff’s retaliation claim for failure to state a claim. This Order is instructive on how courts evaluate a retaliation claim based on so-called “temporal proximity” between the alleged protected activity, on the one hand,…

Read More Retaliation Claim Properly Dismissed; Sixteen Months Was Too Long to Establish “Temporal Proximity”
Share This:
by

The Southern District of New York’s recent decision in Eisner v. City of New York, 15-cv-1888, provides a good overview of how courts analyze discrimination claims under the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL). It also reaffirms the principle that, absent the critical element of causation, merely…

Read More Court Dismisses Attorney’s Disability Discrimination Claims
Share This:
by

In a lawsuit captioned Batista v. Best Buy Stores, NY Sup Ct Index 151565-2016 (filed 2/25/16), plaintiff – a member of Best Buy’s “Geek Squad” – alleges that she was subjected to discrimination based on her gender and race. She asserts claims of gender discrimination, hostile work environment, constructive discharge, and retaliation. She alleges, among other things,…

Read More Sexual Harassment Lawsuit Against Best Buy
Share This:
by

In a Brooklyn federal lawsuit, captioned Cox v. 5Linx Enterprises, Inc. et al, 16-cv-00611 (EDNY filed 2/5/16), the plaintiff alleges that she was subjected to sexual harassment and then retaliation for complaining about it, in violation of various statutes, including Title VII of the Civil Rights Act of 1964. Specifically, she alleges (among other things)…

Read More Sexual Harassment Lawsuit Against 5Linx Enterprises Inc. et al
Share This:
by

In Kamdem-Ouaffo v. Pepsico, Inc., 133 A.D.3d 825, 21 N.Y.S.3d 150, 152 (N.Y. App. Div. 2015), the Appellate Division, Second Department dismissed plaintiff’s claim brought pursuant to New York’s “whistleblower law”, codified at Labor Law § 740. Plaintiff alleged that his employment was terminated, his contract was not renewed, and he was not offered a…

Read More Court Dismisses Labor Law § 740 (Whistleblowing) Lawsuit Arising From Termination Following Formaldehyde Complaint
Share This: