Pleading

In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s…

Read More Arabic-Language Reprimand Among Allegations Stating Cause of Action for National Origin Discrimination; Other Claims (Including Gender Discrimination and Battery) Also Sufficiently Alleged
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In Brown v. Queens Center for Progress, No. 16 CIV 1399, 2016 WL 1171593 (E.D.N.Y. Mar. 24, 2016), Eastern District Judge Brian Cogan dismissed the pro se plaintiff’s employment discrimination complaint for failure to state a claim. The court succinctly explains what the federal anti-discrimination laws cover (and, arguably more importantly, what they do not cover): Plaintiff…

Read More Court Explains That Federal Anti-Discrimination Law Does Not Entitle Workers to be Treated Fairly, Reasonably, or Wisely
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In her New York State Supreme Court sexual harassment lawsuit, captioned Toktassynova v. Adam Victor et al (NY Sup. Ct. NY Cty. Index # 162327/2014) and filed March 12, 2015 (NYSCEF Doc. No. 22), plaintiff asserts various claims – including sexual harassment, hostile work environment, and retaliation – against defendant Adam H. Victor and various entities.…

Read More Court Strikes Extraneous Matter Regarding (e.g.) Prostitution From Answer to Sexual Harassment Lawsuit
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In Boutros v. JTC Painting, the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ complaint seeking unpaid overtime under the Fair Labor Standards Act and the New York Labor Law. Plaintiffs are painters who worked for defendant JTC, a painting contractor owned by co-defendant Caruso.  They allege that JTC failed to pay…

Read More Overtime Complaint Was Not Moot in Light of Open-Ended Allegation of Hours Worked
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