In this case, the Second Circuit takes a close look at Title VI of the Civil Rights Act of 1964 and clarifies its scope and, in particular, when an employee can sue for retaliation under this statute, which prohibits racial discrimination by public schools.The case is Bloomberg v. New York City Dept. of Educ.,
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Civil rights claim alleging discrimination against Asian-American high school students may proceed
The Court of Appeals has reinstated a racial discrimination lawsuit filed by an Asian-American organization that challenges the admission policies of the specialized high schools in New York City. The plaintiff claims the policies discriminate against Asian-Americans. The Court of Appeals holds the plaintiff asserts enough allegations to allow this case to proceed to discovery.The…
Tight handcuff case will proceed to discovery
The first thing a civil defense lawyer does when their client is served with a lawsuit is to find a way to have the case dismissed prior to discovery. We call that a Rule 12 motion to dismiss. If that motion fails, since the federal system disallows appeals prior to final judgment, the parties proceed…
Disability discrimination case will proceed to trial
Employment discrimination cases are always winding through the state courts under the New York City Human Rights Law, which is more expansive than the federal anti-discrimination statute. The Appellate Division finds that Plaintiff has a case against her employer, Bloomberg, L.P., and that it will go to trial.The case is Friedman v. Bloomberg, L.P.,…
Civil rights appeal arising from 15-year criminal process is dismissed on technical grounds
This is a wild case. The police investigated a woman’s disappearance and her husband was a key suspect, but for the longest time, they could not really find evidence linking to her disappearance and possible murder, so the investigation lasted several years before the husband was convicted of murder in part based on blood-spatter evidence.…
Remember to object to a bad jury charge on the record before taking up an appeal
This claim went to trial in the Northern District of New York. The plaintiff-inmate claimed that a correction officer applied excessive force in violation of the Constitution, among other claims. The jury ruled for the CO, and the plaintiff appeals. The Court of Appeals (Walker, Newman and Lohier) declines to change the verdict, and the…
No probable cause to detain motorist with lawful firearm in the car
In this case, the Fourth Amendment meets the Second Amendment. The Court of Appeals holds that a motorist who was searched by the police following a routine traffic stop can sue the police over the unlawful search, prompted by the officer’s discovery during the stop that the driver had a legal firearm.The case is Soukaneh…
Court of Appeals clarifies the deadline for filing a notice of appeal
This case is enough to give any litigator a heart attack. The Court of Appeals examines whether the plaintiff blew a deadline to proceed with the appeal after he filed the notice of appeal following the trial court’s resolution of a motion for reconsideration.The case is Malek v. Feigenbaum, issued on September 11. After…
2d Circuit adds new gloss to FMLA statute
The Court of Appeals has placed a new gloss on the Family and Medical Leave Act, holding for the first time that an employer violates the FMLA if it discourages employees from seeking family or medical leave. Despite that holding, the plaintiff loses the appeal on statute of limitations grounds.The case is Kemp v. Regeneron…
2d Circuit makes it more difficult to sue over Labor Law wage notice violations
Under the New York Labor Law, management must issue their employees a wage notice that describes the rate of pay for regular and overtime hours, makes reference to health care benefits, and discusses tips and meals allowance. The Labor Law provides for damages up to $10,000 if the employer does not provide the wage notice.…