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In Carpinone v. City of New York, No. 11 Civ. 2074 (PAE), the SDNY recently clarified the pleading requirements for a claim under Monell v. Dep’t of Social Servs., 436 U.S. 658, 694 (1978).  SDNY Judge Engelmayer dismissed plaintiff’s complaint on the pleadings under Federal Rule of Civil Procedure 12(c). Plaintiff alleged that he was…

Read More SDNY Reiterates Section 1983 / Monell Pleading Requirements
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On January 23, 2012, the U.S. Supreme Court held (in U.S. v. Jones; decision below) that the government’s “installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’” within the meaning of the Fourth Amendment. Central to the Court’s analysis and conclusion…

Read More Supreme Court Holds That Affixing GPS Tracking Device to a Car Constitutes a Fourth Amendment “Search”
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In a 42-page opinion issued last week (copy below), Southern District Judge Colleen McMahon held that the federal Occupational Safety and Health Act’s (“OSHA”) crane regulations did not preempt the New York City Building Code’s crane regulations (codified at Title 28 of the New York City Administrative Code).  According to the Court, OSHA “is a…

Read More Federal Court rules that New York City statutes and regulations governing construction cranes are not preempted by OSHA regulations
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Salazar v. Novalex Contracting Corp., et al., 2011 NY Slip Op 08446 (Nov. 21, 2011) illustrates the “common sense approach” that must be employed when analyzing Labor Law 240(1) and 241(6) claims. P and his fellow workmen were directed to pour and spread concrete over the floor of a basement which contained trenches into which…

Read More NY Court of Appeals Holds No Labor Law 240(1) or 241(6) Liability Where Protective Measure Would Have Been Inconsistent With Work
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In Wilinski v. 334 East 92nd Housing Development Fund Corp., 2011 NY Slip Op 07477 (Oct. 25, 2011), the New York Court of Appeals vitiated the so-called “same level” rule that had embedded itself in New York Labor Law § 240(1) jurisprudence, and construed a Labor Law § 241(6)-triggering regulation. P, who was engaged in the demolition of…

Read More Court of Appeals Repudiates Labor Law § 240(1) “Same Level” Precedent and Construes a Labor Law § 241(6)-Triggering Regulation
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NY Supreme Court Judge Michael Stallman today issued an order denying a petition for a temporary restraining order prohibiting the city from, inter alia, evicting the OWS protesters from Zuccotti Park and enforcing the park’s owners’ rules. The court found that the rules – which prohibited, inter alia, “camping and/or the erection of tents or other structures” and…

Read More Judge denies Occupy Wall Street application for TRO to prevent NYC from evicting protesters from Zuccotti Park
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On October 29, 2011, a Bronx building collapsed, resulting in the death of 51 year-old construction worker Muhamed Kebbeh.  It is believed that the two-story commercial building’s collapse was due to the failure of about a dozen pillars in the basement.  The workers there were apparently engaged in an “active demolition” of the building when…

Read More Construction Worker Killed in Building Collapse
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On August 30, 2011, the National Labor Relations Board issued a final rule, entitled “Notification of Employee Rights Under the National Labor Relations Act“.  In sum, the final rule (which takes effect on November 14, 2011) requires employers to notify their employees of the employees’ rights under the National Labor Relations Act by posting a notice, establishes the…

Read More NLRB Issues Final Rule Regarding Employee Rights Under the NLRA
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Montes v. Collins Enterprises, LLC et al., No. 106308/08 (NY Sup. July 8, 2011): Plaintiff, an employee of a non-party subcontractor, sustained injuries when he “stepped on a round wooden doorknob” in a room of an apartment where he was working.  Plaintiff alleged violations of Labor Law §§ 200, 240(1), and 241(6) against the owner and…

Read More NY Supreme (NY Cty.): Worker injured after slipping on doorknob at worksite may proceed on Labor Law § 241(6) claim based on Industrial Code § 23-1.7(e)(2)
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Gomez v. Village of Sleepy Hollow, 2011 WL 2652439 (SDNY July 6, 2011): Facts / Procedure After allegedly seeing her husband being assaulted by several members of the police and repeated, unsuccessful attempts to seek police help, plaintiff grabbed the arm of one officer (Quinoy) and demanded that he stop.  In response, Quinoy “picked her up…

Read More SDNY: no qualified immunity for police officer who picked up and threw non-threatening plaintiff to the ground
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