Court: SDNY

In Lewis v Health and Hospitals Corp, 11-cv-0099, 2013 WL 2351798 (SDNY May 30, 2013), the court held that pursuing, and losing, discrimination claims at the state administrative level barred a subsequent federal action. There, plaintiff initially filed a verified complaint with the New York State Division of Human Rights (SDHR) charging defendants with disability discrimination…

Read More Election of Remedies Results in Dismissal of Federal Complaint
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In Mobley v. Madison Square Garden LP et al, 11-cv-8290 (SDNY March 15, 2013) (J. Batts), the Southern District of New York held that pro basketball player Cuttino Mobley plausibly stated disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law against various Madison Square Garden entities.  …

Read More Cuttino Mobley’s Disability Discrimination Claims Survive
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In MacMillan v. Millenium Broadway Hotel (SDNY June 11, 2012), the Southern District of New York found that the plaintiff successfully proved that he was subject to a racially hostile work environment.  While at work plaintiff encountered a voodoo doll with a “black face and pink lips” hanging from a bulletin board by a rope around…

Read More “Voodoo Doll Lynching” Race Discrimination Verdict Upheld
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It’s an old story, really:  boy meets girl, boy cheats on girl, boy leaves second girl, girls post nasty comments about boy on www.liarscheatersrus.com, boy files lawsuit alleging defamation and tortious interference with prospective business relations… In Couloute v. Ryncarz et al., 11-cv-5986 (SDNY Feb. 15, 2012), the court found that plaintiff failed to state plausible claims…

Read More Court dismisses attorney’s lawsuit against ex-girlfriends for online rants
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Below is a copy of the complaint, captioned Sowers v. City of New York (SDNY 12-cv-1294), filed in the Southern District of New York by Chloe Sowers against the City of New York, NYPD officer Kevin McKeon, and New York Downtown Hospital. In it, Ms. Sowers alleges that while she was waiting for the Staten…

Read More Lawsuit Seeks Damages for False Arrest and Involuntary Hospitalization Arising From Non-Disruptive Public Intoxication
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In Malinowski v. Wall Street Source, Inc., 09 Civ. 9592 (PAE) (SDNY Dec. 2, 2011), NYLJ 1202534751470, the Southern District of New York held that evidence of plaintiff’s post-termination wages was inadmissible in light of the severance clause in plaintiff’s contract (which provided that plaintiff could only be fired for cause). Plaintiff sought unpaid wages,…

Read More Severance Clause Nullifies Mitigation Duty
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In Whitehurst v. 230 Fifth, Inc. et al, 11-cv-0767, Southern District Judge McMahon allowed plaintiffs (all African American) to continue some, but not all, of their race-based claims against popular restaurant/lounge 230 Fifth (located at 230 Fifth Avenue in Manhattan).  Plaintiffs alleged that, after arriving to celebrate a friend’s birthday, they were subjected to discriminatory…

Read More African American Partygoers Can Continue Race Discrimination Suit Against 230 Fifth
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In Winans v. Starbucks, 796 F. Supp. 2d 515 (SDNY July 11, 2011), the Southern District of New York dismissed a complaint alleging that Starbucks improperly retained gratuities that plaintiffs were entitled to receive. Plaintiffs, several Starbucks “assistant store managers”, sued their employer for violating New York Labor Law 196-d.  The Court ruled in Starbucks’…

Read More Court Holds That Starbucks Complied With Tip-Sharing Statute
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In Govori v. Goat Fifty LLC, 10 Civ. 8982 (S.D.N.Y. March 30, 2011), the Southern District of New York held that plaintiff adequately stated a claim for pregnancy discrimination. Plaintiff contended that she was fired after announcing her plans to undergo in vitro fertilization (“IVF”), and sought relief under Title VII of the Civil Rights…

Read More Female Server States Claim For Pregnancy Discrimination, Bias Against In Vitro Fertilization
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