Free Newsletter
Recent Articles from Lindy Korn
Workplace Issues: What role do pet perks play in combatting attorney stress during the pandemic?
Working from home has some benefits especially that of pet care and pet additions to one’s family. During COVID-19, anxiety has run high and legal work being done remotely has prevented colleagues from discussing cases and sharing ideas about theories. The isolation of dealing with clients without “in-person” meetings can add to the stress of […]
Workplace Issues: Why having a therapist at the mediation table matters
Mediation is a protected process which occurs in both state and federal courts, and elsewhere. The timing of a mediation may be early on, after a few depositions have been taken, or before trial. Whenever it happens, I believe the client’s therapist should be at the mediation table because it enhances the chances for an […]
Workplace Issues: Mediation turns into litigation in USDC—Southern District of Texas-Houston Division
An alleged incident happened during a mediation between opposing counsel and it resulted in a Motion for Sanctions which was heard and decided by the Chief Judge of the Southern District of Texas, on May 4th, 2020 (4:19-cv-0087).The Texas Alternative Dispute Resolution Act and the local court rules provide that the mediation process is confidential […]
Discriminatory remarks not directed at an employee can = hostile work environment
The 2nd Circuit in a decision on March 6th, 2020, has ruled that discriminatory remarks not specifically directed at an employee can help form the basis for a hostile work environment claim (Rasmy v. Marriott International, Inc. No. 18-cv-3260). Rasmy, who worked at the Essex House since 1991, was fired in May 2016 after he […]
Workplace Issues: Notice of plaintiff’s impairment not enough to trigger the interactive process
The 2nd Circuit Court of Appeals holds that absent a formal reasonable accommodation request, an employer is not always expected to assume that a disabled employee needs workplace accommodation under the Rehabilitation Act. This is the first time the Court of Appeals has applied its ruling from 2008 that held that employers have to offer […]
Workplace Issues: Lack of ‘adverse action’ defeats discriminatory motivation, 2nd Circuit decides
This plaintiff is a doctor who alleged that her employer violated Title VII because it was honoring patient requests to be treated by a white doctor. The Court of Appeals says she has no case even though she has alleged a discriminatory motive. The case is Kairam v. West Side GI, Inc., 19-447-cv, decided on […]
Workplace Issues: Plaintiff can sue for pay disparities under Title VII: No need for ‘equal work’ comparator
Second Circuit decided Lenzi v. Systemax, Inc. on Dec. 6, 2019 (18-979). Plaintiff was Director of Risk Management who repeatedly complained she was not compensated like other male department heads. In April 2013, plaintiff made a business trip to California, submitting an expense report that raised suspicions for her supervisor, Reinhold, who thought plaintiff wanted […]
Workplace Issues: Failure to State a Claim Dismissal — Reversed by the 2nd Circuit
A summary Order issued on November 19th, 2019, reverses the Rule 12(b)(6) dismissal in the case of Khanna v. MUFG Union Bank (19-893), a case based on claims of race and gender discrimination. In the world of Rule 12 dismissals, things got easier for plaintiffs in 2015, when the Court of Appeals issued Vega v. […]
Workplace Issues: Is a ‘fit model’ an employee under FLSA?
This case reviewed whether someone is an employee under the Fair Labor Standards Act, which requires that an employer pay their employees minimum wage and overtime when appropriate. In this case the Court of Appeals finds that the jury could find that the plaintiff was an employee. The case is Agerbrink v. Model Service, LLC […]
Workplace Issues: Second Circuit concludes Trump blocking Twitter dissenters violates First Amendment
President Donald J. Trump appeals from a judgment of the United States District Court for the Southern District of New York, concluding that he engaged in unconstitutional viewpoint discrimination by using Twitters “blocking” function to limit certain user’s access to his social media account which is otherwise open to the public at large, because he […]
Workplace Issues: Lawsuit accuses faculty members of ‘egregious sexual misconduct’
Two ex-John Jay College of Criminal Justice students have filed a New York Federal suit accusing four faculty members of egregious sexual misconduct and the school of conducting only a “sham” investigation into their complaints. (1:19-cv-05428, SDNY). The students said the environment they experienced at the school amounted to a “cesspool of sexism, misogyny, sexual […]
Workplace Issues: Second Circuit reverses on definition of retaliation
The Second Circuit has held that the district court’s dismissal of Plaintiff’s retaliation claim on summary judgment should be reversed since the district court employed an incorrect definition of materially adverse action. The circuit court refers to the SCOTUS decision in Burlington Northern v White, issued in 2006, stating that the definition of retaliation is […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
Polls
Loading ...