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Today Judge Reyes of the Eastern District decided Cabrera v. Fresh Direct, which narrowly interprets the waiver provision of New York’s Whistleblower Statute, Labor Law § 740. Plaintiff initially alleged gender and disability discrimination claims under the New York City Human Rights Law.  She then sought to amend her complaint to add a § 740 claim. That claim…

Read More City Human Rights Law Claims Are Not Barred By Whistleblower Law’s Election of Remedies Provision
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A Nassau County trial court recently granted summary judgment to a plaintiff whose car was hit while stationary.  The case is Fontaine v. Curtin, 5659/12, NYLJ 1202616726798, at *1 (Sup., NA, Decided July 26, 2013). The facts: Plaintiff … was traveling westbound on Lafayette Street and came to a stop at the stop sign located at…

Read More Court Awards Summary Judgment to Plaintiff Whose Car Was Hit While Stopped
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Recently, in Askins v. NYC, the Second Circuit explained the relationship between the liability of individual police officers, on the one hand, and that of a municipality (such as the City of New York), on the other. Specifically, it held that the dismissal of claims against individual police officers on qualified immunity and statute of…

Read More Second Circuit: Plaintiff Can Assert Municipal Liability Claims Even if Officers Have Qualified Immunity
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In a recent Summary Order the Second Circuit, in Dowrich-Weeks v. Cooper Sq. Realty, affirmed the dismissal of plaintiff-appellant’s discrimination, constructive discharge, and hostile work environment claims.  This case illustrates, by negative example, what an employment discrimination plaintiff must allege to survive a motion to dismiss. Discrimination – No “Adverse Action” The court found that plaintiff…

Read More Second Circuit Affirms Dismissal of Discrimination, Constructive Discharge, and Hostile Work Environment Claims
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The New York Vehicle and Traffic Law (VTL) imposes monetary penalties and driver violation points for using a cell phone to talk or text while driving. More information is available here. The two relevant statutes are VTL § 1225-c and VTL § 1225-d.  Using a Mobile Telephone to Engage in a Call VTL § 1225-c(2)(a) provides:  “[N]o person shall…

Read More New York’s Cell Phone Driving Laws and Rules
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A recent case, Antolino v. Distribution Management Consolidators Worldwide, illustrates the breadth of the New York Labor Law when it comes to protecting employees who are subjected to retaliation for alleging the failure to pay wages.   There, the court denied defendant’s motion to dismiss under CPLR 3211(a)(7), and held that the plaintiff (defendant’s senior vice…

Read More Plaintiff Sufficiently Alleged Retaliation For Opposing Employer’s Deprivation of Wages
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An upstate trial court recently held, in King v. Cornell University, that defendant Cornell University was not entitled to summary judgment in a lawsuit brought by the parents of an intoxicated student (Khalil Jamal Godfrey King) who died after falling from a 200-foot tall cliff into the Fall Creek gorge on Cornell’s campus. The (tragic) facts,…

Read More Lawsuit Against Cornell Can Continue; Drunk Student Was Not “Hiking” When He Fell Off Cliff
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Here and below is the letter recently filed by the attorney for plaintiffs Victoria Burhans and Chloe Rivera in their sexual harassment lawsuit against Vito Lopez and Sheldon Silver.  It responds to Silver’s letter in which he outlines his proposed motion to dismiss the case. As to their Section 1983 claims, plaintiffs contend, in part: Silver contends that plaintiffs’…

Read More Plaintiffs Submit Further Details and Argument Supporting Claims Against Sheldon Silver in Vito Lopez Sexual Harassment Case
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In Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…

Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation Claims
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