What new technologies could play a role in civil litigation cases?
As technological innovations continue to shape our world today, more data from our wearable and other technologies are making their way into court. Data from your
Category: Civil Litigation
NYC Human Rights Law Strengthened by Amendments to Employment and Public Accommodations
What recent and significant changes have been made to NYC's human rights laws?
Mayor Bill de Blasio has recently signed into law amendments intended to remediate and strengthen the New York City Human Rights Law (NYCHRL), particularly in regard to franchisers, franchisees and lessors. In keeping with the Mayor's stated purpose of...
Continue reading…Muslim Flight Attendant Alleges Discrimination by Express Jet
What is "reasonable religious accommodation" and when has an employer violated it?
A female Muslim flight attendant, employed by ExpressJet, Charee Stanley, has been suspended and threatened with termination for refusing to serve alcohol on the job. While serving food and beverages, including alcoholic ones, to passengers is part of the job...
Continue reading…I’ve won! Can we please continue to litigate this case?
Uh . . . probably not. Today's case is a recent trial court decision in Suffolk County.
Tamai was employed by SAA as an anesthesiologist in Suffolk County. Her contract with SAA had a restrictive covenant prohibiting her from holding medical staff privileges at four hospitals, including St. Charles and Mather Hospitals, for...
Continue reading…Transgender Plaintiff’s Case Revived by Second Circuit Court of Appeals
Cole Fowlkes, who self‐identifies as male but was born biologically female, alleged in his complaint that his labor union and two of its business agents discriminated against him on the basis of sex and retaliated against him for filing an earlier action against them. The District Court held that Fowlkes’ failure to exhaust administrative...
Continue reading…In Workplace Harassment Lawsuit, Employee Sues Over Mockery of His Catholicism
Can an employee sue an employer for discrimination or harassment for denigrating his religion and ethnic background?
Workplace harassment takes many forms. Workers are sometimes mistreated or discriminated against because of their sexual orientation or ethnic or racial background. In the case of victim Joseph Modica, the reason involved religion.
His...
Continue reading…Jury Verdict In “Blurred Lines” Controversy Finds Copyright Infringement
What do courts consider when determining whether a song infringes on another's copyright?
In a highly-publicized copyright infringement lawsuit, family members of legendary singer Marvin Gaye contended that pop icons Robin Thicke and Pharrell Williams unlawfully encroached on the unique sounds of Mr. Gaye’s hit 1977 song "Got to Give it...
Continue reading…Successful Defense of Growing Startup that Provides Meals to Schoolchildren
Here is the appellate decision in recent case we successfully defended on behalf of a startup and its principal. The growing company, Red Rabbit, provides healthy meals for schoolchildren. The Appellate Division unanimously affirmed the lower court decision, dismissing all remaining claims for fraud and breach of fiduciary duty because the non-disclosed information was...
Continue reading…Pawn Shops Settle EEOC Harassment Lawsuit
What are my rights at work when my boss harasses me?
Seapod Pawnbrokers will pay $300,000 as part of a settlement with the United States Equal Employment Opportunity Commission (EEOC). Operating stores in Brooklyn and Queens, the company was charged with harassing and retaliating against its Hispanic female employees.
Seapod's former...
Continue reading…F.R.C.P. 68 – Offers of Judgment and Attorneys’ Fees
While acting as Plaintiff’s counsel, our firm has recently received a flurry of offers of judgment from competent defense counsel in federal cases. Why? I thought I would answer this question and provide a handy chart for employment, copyright and a few other types of cases we handle as plaintiff’s counsel.
... Continue reading…