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In Suares v. Cityscape Tours, the Southern District of New York dismissed plaintiff’s claims for, among other things, hostile work environment and retaliation, and granted defendants’ motions for summary judgment. Plaintiff worked as a NYC double-decker bus tour guide. Plaintiff alleged that, at a holiday party, a co-worker (Singh) assaulted her. Specifically, she alleged that Singh…

Read More Court Dismisses Hostile Work Environment Claim, Citing “Swift Termination” of Co-Worker Who Sexually Assaulted Plaintiff
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In Sacks v. Gandhi Engineering, the Southern District of New York adopted a Report and Recommendation that defendant’s motion for summary judgment for disability discrimination under the Americans with Disabilities Act be denied (but that defendant’s motion as to plaintiff’s age and religious discrimination claims be granted). Plaintiff worked for defendant as a Senior Inspector…

Read More Plaintiff Presented Enough Evidence to Overcome Summary Judgment on His “Perceived Disability” Discrimination Claim
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Recently, the Second Circuit held, in Kwan v. Andalex Group, that the district court erroneously granted summary judgment to defendant on plaintiff’s retaliation claims. Plaintiff alleged that she was fired by defendant’s Chief Investment Officer about three weeks after she complained to defendant’s Chief Operations Officer about gender discrimination, namely, by asking him why she was “being…

Read More Pointing to Inconsistent Reasons for Termination, Second Circuit Vacates Dismissal of Retaliation Claims
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Below is the complaint filed yesterday by plaintiff Michelle Nelson against Con Edison and the owner (Kaoru Demler Murmatsu) of 1646 Park Avenue, one of the buildings that collapsed on March 12th following an apparent gas explosion, killing and injuring several people. Plaintiff alleges that, as a result of the explosion, she fell and sustained injuries…

Read More Harlem Gas Explosion Lawsuit
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White Castle can’t buy advertising like this. Below is a recent federal complaint, in which plaintiffs allege that they were arrested and struck by NYPD officers after refusing the officers’ demand for their White Castle food. According to a recent Gothamist article: Brooklyn residents Danny Maisonet and Kenneth Glover say that they procured White Castle meals on Halloween 2012…

Read More Lawsuit Alleges NYPD Officers Subjected Men to False Arrest and Police Brutality For Refusing to Hand Over White Castle Food
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In Lawson v. FMR, the Supreme Court recently broadened the reach of the Sarbanes-Oxley Act of 2002, which was enacted following the collapse of Enron Corporation. The whistleblower portion of the Sarbanes-Oxley Act, codified at 18 U.S.C. § 1514A, provides: No [public] company . . . , or any officer, employee, contractor, subcontractor, or agent…

Read More Supreme Court Holds That Sarbanes-Oxley (SOX) Act Protects Employees of Private Contractors
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In Swift v. New York Transit Authority, the Appellate Division, First Department modified the trial court’s order to deny defendant’s motion for summary judgment to dismiss plaintiff’s claims of “permanent consequential and significant limitations in use of the knees and a 90/180-day injury.” In order to proceed in court, plaintiff was required to present evidence…

Read More Plaintiff Raises Triable Issue of Fact that Knee Injury Was a “Serious Injury” Under Insurance Law 5102(d)
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Below and here is the complaint filed this week in New York State Supreme court by Christina Young against Steven Hall & Partners LLC and Steven Hall personally. Plaintiff alleges, among other things, that “Hall and others have instigated and engaged in making numerous inappropriate verbal comments and other sexually suggestive activities”, including “encouraging female Managing…

Read More Sexual Harassment and Hostile Work Environment Lawsuit Against Steven Hall & Partners
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In a recent decision, the Southern District of New York recently denied defendant UBS Financial Services’ motion for summary judgment on plaintiff’s claims that she was terminated in retaliation for complaining about a co-worker’s sexist comment, and because of her revelation that she is gay. Shortly before plaintiff’s termination, plaintiff told the company that she had…

Read More Retaliation and Sexual Orientation Discrimination Claims Continue Against UBS
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