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Retaliation claims will move forward
The US. Court of Appeals for the Second Circuit has reinstated the retaliation portion of a civil rights lawsuit filed by a former graduate student at Eastman School of Music against the chairman of the school’s piano department. In May 2016, U.S. District Court Judge David G. Larimer dismissed both the sexual harassment portion of […]
Workplace Issues: Revived retaliation claim shows when case must go to jury
In Yang v. Navigators Group, a summary order decided on Dec. 22 (2016 U.S. App. LEXIS 23259), the Second Circuit Court of Appeals revived a retaliation claim and explained how the district court erred in granting summary judgment. The plaintiff alleged retaliation for speaking out on financial abuses, and brought this action under the Sarbanes-Oxley […]
Second Circuit — Retaliation: Royal Crown Day Care LLC v. Department of Health and Mental Hygiene
U.S. Court of Appeals for the Second Circuit Retaliation Qualified Immunity — Pretext Royal Crown Day Care LLC v. Department of Health and Mental Hygiene 12-459-cv Judges Pooler, Lynch and Droney Background: The plaintiffs commenced an action alleging that the defendants violated their First Amendment and substantive due process rights by closing down Royal Crown’s […]
Fourth Department — Retaliation: Calhoun v. County of Herkimer, et al.
Appellate Division, Fourth Department Retaliation Causal Relationship — Pretext Calhoun v. County of Herkimer, et al. CA 13-00348 Appealed from Supreme Court, Herkimer County Background: The plaintiff commenced a retaliation claim after her supervisor’s wife, a special education teacher, was assigned to the plaintiff’s son. After the plaintiff expressed dissatisfaction with the services prov[...]
Second Circuit — Retaliation: Kwan v. The Andalex Group LLC
U.S. Court of Appeals for the Second Circuit Retaliation Knowledge Prong — General Corporate Knowledge Kwan v. The Andalex Group LLC 12-2493-cv Judges B.D. Parker, Lohier and Koeltl Background: The plaintiff appealed from a judgment dismissing her complaint alleging discrimination, retaliation and hostile work environment. She also alleged failure to notify her of her rights […]
Court of Appeals — Retaliation: Sandiford v. City of New York Dept. of Educ.
New York State Court of Appeals Retaliation Discrimination — Sufficiency of Evidence Sandiford v. City of New York Dept. of Educ. No. 157 Memorandum Background: The plaintiff commenced an action alleging discrimination and retaliation after she was terminated from her employment as a school aide for her alleged misconduct. The defendant argued that the defendant principal’s […]
Court makes it harder to sue businesses
WASHINGTON — A sharply divided U.S. Supreme Court on Monday decided to make it harder for Americans to sue businesses for retaliation and discrimination, leading a justice to call for Congress to overturn the court’s actions. The court’s conservatives, in two 5-4 decisions, ruled that a person must be able to hire and fire someone […]
WDNY — Retaliation: Ocasio v. Konesky
U.S. District Court, WDNY Retaliation Medical Diagnosis Ocasio v. Konesky 10-cv-6201L Judge Larimer Background: The pro se plaintiff commenced an action against the New York State Department of Correctional Services alleging that his rights were violated after being removed from a mental health program at Wende Correctional facility. The plaintiff alleged that his removal was […]
Second Circuit — Retaliation: Tepperwien v. Entergy Nuclear Operations
U.S. Court of Appeals for the Second Circuit Retaliation Trivial Harms — Punitive Damages Tepperwien v. Entergy Nuclear Operations 10-1425-cv Judges Katzmann, Chin and Gleeson Background: The plaintiff, a security officer employed by the defendant, alleged that he was sexually harassed by a co-worker and brought an action asserting claims for constructive discharge, hostile work […]
Retaliation plaintiff can’t show adverse action
A Title VII retaliation plaintiff could not show that he suffered adverse employment actions after complaining about same-sex harassment by a supervisor, the U.S. Court of Appeals for the Second Circuit ruled in affirming a judgment vacating a jury’s award of $500,000 in punitive damages, Tepperwien v. Entergy Nuclear Operations, Inc., no. 10-1425-cv (Oct. 31). […]
Retaliation: Gilderhus v. Concentrix Corp.
U.S. District Court, WDNY Retaliation Termination — Non-Discriminatory Reason Gilderhus v. Concentrix Corp. 08-cv-6368 CJS Judge Siragusa Background: The defendant had hired the plaintiff as director of its call center operations. The plaintiff was promised a bonus plan in addition to her regular compensation, but the defendant never produced a plan prior to the plaintiff’s […]
Rivera v. Lempke, et al.
U.S. District Court, WDNY Prisoner Misbehavior Reports Retaliation Rivera v. Lempke, et al. 10-cv-6517L Judge Larimer Background: The plaintiff, a former inmate of Five Points Correctional Facility, brought an action against the Department of Correctional Services alleging violations of his constitutional rights. Specifically, the plaintiff claims that correctional officers filed false behavior re[...]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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