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In Romero v. City of N.Y., No. 16 CIV. 4157 (BMC), 2016 WL 6155935 (E.D.N.Y. Oct. 21, 2016), Eastern District of New York Judge Cogan dismissed the race discrimination claims of plaintiff, a firefighter, for various reasons, including under Fed. R. Civ. P. 12(b)(6) because they did not plausibly allege discrimination. From the decision: As…

Read More “Serpico” Reference is an Insufficient Stand-In For Facts; FDNY Plaintiff’s Race Discrimination Complaint Dismissed For Failure to State a Claim
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In Donahue v. Asia TV USA Ltd., No. 15 CIV. 6490 (NRB), 2016 WL 5173381 (S.D.N.Y. Sept. 21, 2016), the court granted in part and denied in part plaintiff’s employment discrimination claims. While, for example, the court dismissed plaintiff’s hostile work environment claims under Title VII, the ADEA, and NYS Human Rights Law, it held…

Read More “Lazy Americans” Hostile Work Environment Claim Survives Dismissal; Court Strikes Unrelated Sexual Harassment Allegations From Plaintiff’s Complaint
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NYPD Officer Ann Cardenas, indicated, in an October 20, 2016 filing, that she has settled her sexual harassment lawsuit against defendants the City of New York, Sergeant David John, and Police Officer Angel Colon. The Daily News reports that the settlement amount is $535,000, allocated as $500,000 from the City, $20,000 from John, and $15,000…

Read More Settlement of Female NYPD Officer Ann Cardenas’ Sexual Harassment Lawsuit
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In Legrá v. Bd. of Educ. of the City Sch. Dist. of the City of N.Y., No. 14-CV-9245 (JGK), 2016 WL 6102369 (S.D.N.Y. Oct. 19, 2016), the court dismissed plaintiff’s employment discrimination complaint – alleging employment discrimination, retaliation, and harassment – on statute of limitations and other grounds. Here’s the law: An action alleging an employer’s…

Read More Days-Late Employment Discrimination Lawsuit Dismissed
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In a lawsuit filed on Oct. 3, 2016, captioned Jane Doe v. Donald J. Trump and Jeffrey E. Epstein, SDNY 16-cv-7673, plaintiff alleges, among other things: 10. Defendant [Donald J.] Trump initiated sexual contact with Plaintiff at four different parties. On the fourth and final sexual encounter with Defendant Trump, Defendant Trump tied Plaintiff to a…

Read More Donald Trump Rape Lawsuit
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In Quick v. Garcia, No. 16-cv-2646, 2016 WL 6069504 (E.D.N.Y. Oct. 14, 2016), the court dismissed, with prejudice, plaintiff’s (amended) complaint which asserted disability discrimination under the Americans with Disabilities Act (ADA). This decision contains a small, but important, pleading point. It explained: “[T]he Amended Complaint does not allege that plaintiff is disabled within the…

Read More ADA Disability Discrimination Claim Insufficiently Pleaded
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In Silvers v. Wells Fargo Bank, N.A., No. 15-CV-6721 (KBF), 2016 WL 5875076 (S.D.N.Y. Oct. 7, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age discrimination under the Age Discrimination in Employment Act and the New York State Human Rights Law. From the decision: Plaintiff raises no triable issue of…

Read More Question About Retirement Plans Alone Insufficient to Survive Summary Judgment on Age Discrimination Claim
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In Tibbetts v. Pelham Union Free Sch. Dist., No. 2014-11219, 2016 WL 5928741 (N.Y. App. Div. 2nd Dept. Oct. 12, 2016), the court affirmed the summary judgment dismissal of plaintiff’s disability discrimination claim under the New York State Human Rights Law. Plaintiff, a probationary music teacher employed by defendant, alleged that she was fired approximately two…

Read More Music Teacher’s Disability Discrimination Claim Properly Dismissed; Court Cited Parental Complaints as Reason for Termination and Defendant’s Lack of Notice of Alleged Disability
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A recent First Department decision, Rosario v. Prana Nine Props., LLC, 2016 NY Slip Op 06431 (Oct. 4, 2016), upheld the lower court’s dismissal of plaintiff’s personal injury slip-and-fall case. The court summarized the law as follows: A defendant who moves for summary judgment in a slip and fall case has the initial burden of…

Read More Slip/Fall Case Dismissed; No Duty to Correct Pedestrian-Tracked Water; No Notice of Urine
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In Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a linguist – plausibly alleged (in a proposed amended complaint) a claim of hostile work environment against defendants, including the Army. (This…

Read More “Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work Environment Claim Against Army
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