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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
Case Digests
- Second Circuit – Nonconsensual ingestion: Asinga v. Gatorade Co.
- Fourth Department – Drive-by shooting: People v. Bordies
- Fourth Department – Trusts wills and estates: Matter of the Estate of William J. Deline Jr.
- Fourth Department – Separation of powers doctrine: Allard v. County of Steuben
- Second Circuit – Foreign Sovereign Immunities Act: Creditincome Limited v. The Swiss Confederation
- Fourth Department – Circumstantial evidence charge: People v. Coleman
- Second Circuit – Sentencing conditions: United States v. McCrone
- Fourth Department – Mental illness: People v. Williams
- Fourth Department – Sex Offender Registration Act: People v. Wallace
- Second Circuit – Failure to accommodate religion: Bergin v. N.Y. Unified Court System
- Second Circuit – Sentencing: United States v. DeJesus
Law News
- Fourth Department suspends attorney for two years
- Appeals court rejects claims of speedy trial violation
- NY appeals court vacates gun convictions
- Rochester panel highlights early planning for successful business transitions
- New York sues Kalshi, says its prediction markets are illegal gambling
- Police investigate alleged misappropriation of Walworth Fire Department funds
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case