Intentional Infliction of Emotional Distress

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In the disturbing case of Lent v. CCNH, Inc. d/b/a Cortland Care Center, 2015 WL 3463433 (NDNY June 1, 2015), the court held that plaintiff sufficiently alleged (hostile work environment) sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff alleged that her co-worker “cornered…

Read More Allegations of Rape by Co-Worker Sufficiently Allege Hostile Work Environment Sexual Harassment
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In a March 6, 2015 decision, the New York Supreme Court recently dismissed “Dating Naked” contestant Jessie Nizewitz’s $10 million lawsuit against Viacom. In sum, plaintiff alleged that although defendants promised her “that all frontal and genital nudity would be blurred out when the show was broadcast”, defendants “did not blur out her vagina and…

Read More “Dating Naked” $10 Million Lawsuit Dismissed
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In Gorman v. Covidien Sales, LLC, decided December 31, 2014, the Southern District of New York discussed the affirmative defense based on the so-called “after-acquired evidence” doctrine/defense. In this employment discrimination case, plaintiff sought “damages for alleged discrimination on the basis of military status and medical disability, retaliation, and intentional infliction of emotional distress during his…

Read More Defendants May Amend Answer to Assert the “After-Acquired Evidence” Defense in Discrimination Case Where Plaintiff Recorded Phone Conversations With Supervisor
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Here is the employment discrimination complaint, filed 12/29/14 in the NY County Supreme Court, against Reem Bridals LLC et al. In it, plaintiff alleges disability discrimination under the New York City Human Rights Law. She alleges that defendant fired her shortly learning of her diagnosis with and hospitalization for a liver tumors, failed to accommodate her…

Read More Liver Tumor Disability Discrimination Lawsuit
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In Waters v. Town Sports Intl. Holdings, Inc., a Manhattan trial court held that plaintiff sufficiently alleged various claims arising from an incident in which he was essentially terrorized – he claims based on his sexual orientation – while patronizing a New York Sports Club. The facts, in part: On December 30, 2013, plaintiff, a…

Read More Gay Man States Public Accommodation (Sexual Orientation) Discrimination and Other Claims Against New York Sports Club
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The New York State and City Human Rights Laws are powerful weapons in the civil rights plaintiff’s arsenal. For example, they reach a broader range of people, and offer broader coverage, than their federal counterparts. However, as illusratd by a recent First Department decision, Benham v. eCommission Solutions (decided June 24, 2014), they are limited…

Read More Citing Geographical Limitations of NY State and City Human Rights Laws, First Department Dismisses Plaintiff’s Employment Discrimination Complaint
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As reported by the Daily News, a Brooklyn federal court jury on Friday awarded Osama Saleh $4.7 million in an employment discrimination lawsuit. Mr. Saleh – who was raised in Yemen and is Muslim – alleged in his complaint, Saleh v. Pretty Girl, Inc. et al., CV-09-1769 (copy below), that defendants discriminated against him based on…

Read More $4.7 Million Jury Verdict for “Terrorist”, “Bin Laden” Discrimination Victim
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In Thomas v. EONY LLC and David Shavolian (Sup. Ct. NY Cty. Index No. 158961/2013 May 23, 2014), a New York trial court denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, retaliation, and intentional infliction of emotional distress. Plaintiff alleged, for example, that defendant violated the New York State and City Human Rights Laws…

Read More There’s Zealous Advocacy, Then There’s This: Judge “Aghast” at Sexual Harassment “Defense”
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Today in Ferreyr v. Soros, a five-judge panel of the Appellate Division, First Department modified a trial court order, thereby dismissing all of plaintiff Adriana Ferreyr’s claims against her ex-boyfriend George Soros except for assault and battery. In her 2011 complaint, Mr. Ferreyr accused Mr. Soros of reneging on a promise to buy her an apartment and physically attacking…

Read More Court Dismisses All But Adriana Ferreyr’s Assault and Battery Claims Against George Soros
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